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HOUSE DOCKET, NO. 2493 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2401
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mindy Domb and Kimberly N. Ferguson
_________________
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 providing for safe and consensual sensitive examinations.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mindy Domb3rd Hampshire1/16/2025Kimberly N. Ferguson1st Worcester1/16/2025 1 of 3
HOUSE DOCKET, NO. 2493 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2401
By Representatives Domb of Amherst and Ferguson of Holden, a petition (accompanied by bill,
House, No. 2401) of Mindy Domb and Kimberly N. Ferguson relative to safe and consensual
sensitive examinations. Public Health.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act providing for safe and consensual sensitive examinations.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 111 of the General Laws is hereby amended by inserting after section 70H the
2following section:-
3 Section 70I. (a) For the purposes of this section, the following words shall have the
4following meanings:
5 “Health care organization”, an organization which employs one or more health care
6providers.
7 “Health care provider”, a physician, a student in a medical or nursing school participating
8in a course of instruction, a person participating in a residency program or clinical training
9program, a physician assistant, an advanced practice registered nurse or other health care
10provider.
11 "Sensitive examination", a breast, genital, pelvic, prostate or rectal examination. 2 of 3
12 “Medical chaperone", a third party health care provider or trained unlicensed staff
13member who acts as a third-party witness for a patient and the patient’s health care provider
14during a sensitive examination. A medical chaperone may observe an exam or assist with the
15procedure, provide comfort and reassurance to the patient, assist in arranging interpreter services
16and ensure continuing consent to the exam, treatment or procedure.
17 (b) A health care provider may not perform a sensitive examination on an anesthetized,
18deeply sedated or unconscious patient or supervise the performance of a sensitive examination
19on an anesthetized, deeply sedated or unconscious patient unless the patient or the patient’s
20representative has given specific informed consent in writing to the sensitive examination using
21an authorized informed consent form; or the sensitive examination is immediately necessary for
22diagnosis or treatment of the patient; or, in the case of an emergency or urgent care situation on
23an unconscious patient, the sensitive examination is required for diagnostic or treatment
24purposes.
25 (c) (1) Except in the case of an emergency or urgent care situation, a patient shall have
26the right to request and have a medical chaperone present during a sensitive examination. A
27health care organization shall endeavor to provide, to the greatest extent possible, a medical
28chaperone who has the gender identity with which the patient is most comfortable.
29 (2) Before a sensitive examination, a health care provider shall provide notice to a patient
30or the patient’s representative of the right to request and have a medical chaperone present
31during a sensitive examination.
32 (3) The department shall promulgate regulations necessary for the implementation,
33administration and enforcement of this subsection including, but not limited to, documentation 3 of 3
34required of health care providers and organizations, requirements and procedures for providing
35notice to patients, training requirements for chaperones and specific policies and protections for
36patients under the age of 18 and patients who lack the capacity to give informed consent.
37 (d) The department shall prepare one or more authorized informed consent forms to be
38used by a health care provider before performing or supervising the performance of a sensitive
39examination on an anesthetized, deeply sedated or unconscious patient as detailed in subsection
40(b) of this section. The form may be used in a paper or electronic format and shall be signed by
41the patient or the patient’s representative before a sensitive examination is performed. The form
42shall be separate from any other notice or agreement and shall clearly identify that it requests
43consent for a sensitive examination. The form shall also clearly state the patient’s right to request
44and have a medical chaperone present during a sensitive examination. In preparing the form, the
45department shall consider similar forms used in other states and consult with providers, medical
46educators and persons concerned about patient rights to autonomy.
47 (e) Actions by a health care provider not in compliance with this section shall be
48considered inconsistent or harmful to good patient care and safety under subsection (a) of section
49203 of chapter 111.
50 (f) The commissioner shall promulgate regulations necessary for the implementation,
51administration and enforcement of this section.
52 SECTION 2. Subsection (b) of section 1 shall take effect no later than 60 days after the
53effective date of this act.
54 SECTION 3. This act shall take effect no later than 1 year after the effective date of this
55act.