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| 2 | 2 | | HOUSE DOCKET, NO. 2876 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3763 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Sally P. Kerans, (BY REQUEST) |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to healthcare proxy information. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Howard Caras41 Hampshire Rd Peabody MA 019601/19/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2876 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3763 |
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| 18 | 18 | | By Representative Kerans of Danvers (by request), a petition (accompanied by bill, House, No. |
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| 19 | 19 | | 3763) of Howard Caras relative to healthcare proxy information. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Third General Court |
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| 23 | 23 | | (2023-2024) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to healthcare proxy information. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1. Section 70 of chapter 111 of the General Laws, as appearing in the 2020 |
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| 29 | 29 | | 2Official Edition, is hereby amended by striking out the second sentence and inserting in place |
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| 30 | 30 | | 3thereof the following sentence:- These records shall be kept by secure, electronic digital media or |
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| 31 | 31 | | 4converted to electronic digital media as originally created by such hospital or clinic, by the |
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| 32 | 32 | | 5photographic or microphotographic process, or any combination thereof. |
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| 33 | 33 | | 6 SECTION 2. Section 5 of chapter 201D of the General Laws, as so appearing, is hereby |
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| 34 | 34 | | 7amended by striking out the fifth paragraph and inserting in place thereof the following 3 |
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| 35 | 35 | | 8paragraphs:- |
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| 36 | 36 | | 9 An attending physician who is provided with a health care proxy shall arrange for the |
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| 37 | 37 | | 10proxy or a copy thereof to be inserted electronically, in the same manner as a do not resuscitate |
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| 38 | 38 | | 11order, in the principal's medical record. 2 of 2 |
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| 39 | 39 | | 12 A facility shall transport a principal’s health care proxy in the same manner used to |
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| 40 | 40 | | 13transport a do not resuscitate order. The facility shall notify the health care agent, using contact |
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| 41 | 41 | | 14information provided by the principal, by telephone and email that the health care agent’s |
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| 42 | 42 | | 15authority has begun. |
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| 43 | 43 | | 16 An attending physician shall grant a request by a principal to involve the health care |
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| 44 | 44 | | 17agent in discussions of health care with the attending physician. |
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