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