Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2362 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. 3000 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2362
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jennifer Balinsky Armini and Natalie M. Higgins
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 chaperones for medical exams.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jennifer Balinsky Armini8th Essex1/16/2025Natalie M. Higgins4th Worcester1/16/2025Rory McCarthy1/16/2025Sally P. Kerans13th Essex2/11/2025James B. EldridgeMiddlesex and Worcester2/11/2025James K. Hawkins2nd Bristol2/13/2025 1 of 2
16	16	HOUSE DOCKET, NO. 3000 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2362
18	18	By Representatives Armini of Marblehead and Higgins of Leominster, a petition (accompanied
19	19	by bill, House, No. 2362) of Jennifer Balinsky Armini, Natalie M. Higgins and others relative to
20	20	chaperones for medical exams. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to chaperones for medical exams.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 111 of the General Laws, as most recently amended by section 21 of chapter 186
30	30	2of the acts of 2024, is hereby further amended by adding the following section:-
31	31	3 Section 249. (a) A health care provider, as defined in section 1, shall offer a trained
32	32	4chaperone to be physically present for all: (i) genital and rectal examinations regardless of
33	33	5gender; and (ii) breast examinations for patients who identify as female.
34	34	6 (b) The patient shall have the choice to either accept or decline the presence of a
35	35	7chaperone during the examination. A health care provider shall ensure that a chaperone is
36	36	8available: (i) before any breast, genital or rectal examination can be performed on the patient;
37	37	9and (ii) to act in accordance with the patient’s preference.
38	38	10 (c) A health care provider shall ensure that the chaperone is: (i) not a friend or relative of
39	39	11the patient; (ii) not a friend or relative of the person performing the medical exam; and (iii)
40	40	12licensed by the board of registration in medicine pursuant to section 2 of chapter 112. 2 of 2
41	41	13 (d) A chaperone during a breast, genital or rectal examination may not participate in
42	42	14actions that would obstruct or distract the chaperone from observing the person providing the
43	43	15medical examination's behavior and actions throughout the exam, procedure or clinical
44	44	16encounter.
45	45	17 (e) The presence or absence of a chaperone for all breast, genital and rectal examinations
46	46	18shall be documented in the patient chart.
47	47	19 (f) The patient may decline the presence of a chaperone for a breast, genital and rectal
48	48	20examination pursuant to subsection (b). If the patient declines, the person providing the medical
49	49	21examination may:
50	50	22 (i) defer the breast, genital or rectal examination if, in the person providing the medical
51	51	23examination’s best judgment that deferring the examination is in the best interest of the patient;
52	52	24or
53	53	25 (ii) perform the examination and document the patient's consent to proceed without the
54	54	26presence of a chaperone.
55	55	27 (g) A health care provider shall not be required under this section to offer a chaperone to
56	56	28be present in circumstances when it is likely that failure to examine the patient would result in
57	57	29significant and imminent harm to the patient, such as during a medical emergency.
58	58	30 (i) A health care provider shall not be required under this section to offer a chaperone if a
59	59	31chaperone is already present in the normal course of the medical examination.