Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3625 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 533 FILED ON: 1/13/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3625
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to videotaping, audiotaping and photographing persons receiving medical
13	13	treatment.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/11/2023 1 of 2
17	17	HOUSE DOCKET, NO. 533 FILED ON: 1/13/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3625
19	19	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3625) of
20	20	Marjorie C. Decker relative to videotaping, audiotaping and photographing persons receiving
21	21	medical treatment. Public Health.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 2260 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to videotaping, audiotaping and photographing persons receiving medical
30	30	treatment.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 70E of chapter 111 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by inserting after the ninth paragraph the following
35	35	3paragraph:-
36	36	4 No patient shall be the subject of a recording, except for purposes of providing medical
37	37	5treatment, unless the patient, an authorized representative of a patient who is an incapacitated
38	38	6person or a parent or guardian of a patient who is a minor, consents to the recording; provided,
39	39	7however, that such consent may be revoked at any time prior to recording. No person who
40	40	8produces a recording of a patient who died while receiving treatment or any person who acquires
41	41	9the recording thereafter shall expose the recording to the public without first notifying and 2 of 2
42	42	10receiving consent from the patient’s next of kin. For purposes of this paragraph, “authorized
43	43	11representative”, shall mean: (i) an agent to whom authority to make health care decisions on
44	44	12behalf of a person is delegated under a health care proxy in accordance with the requirements of
45	45	13chapter 201D; or (ii) a guardian appointed pursuant to part 3 of article V of the Massachusetts
46	46	14Uniform Probate Code to act on behalf of a person who is incapacitated; provided, however, a
47	47	15guardian appointed pursuant to said part 3 of said article V shall not be considered an authorized
48	48	16representative if an agent has been granted authority to make health care decisions on behalf of
49	49	17the incapacitated person under a valid health care proxy. For purposes of this paragraph,
50	50	18“incapacitated person” shall mean an adult who has a clinically diagnosed condition that results
51	51	19in an inability to receive and evaluate information or make or communicate decisions to such an
52	52	20extent that the individual lacks the ability to meet essential requirements for physical health,
53	53	21safety or self-care, even with appropriate technological assistance. For purposes of this
54	54	22paragraph, “recording” shall mean a videotape, audiotape, photograph, image, film or other
55	55	23digital recording made by a video recorder, audio recorder, camera, computer, telephone or any
56	56	24other device capable of electronic data storage.