Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4049 Latest Draft

Bill / Introduced Version Filed 04/22/2025

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HOUSE DOCKET, NO. 1756       FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 4049
The Commonwealth of Massachusetts
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PRESENTED BY:
Russell E. Holmes
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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 saving lives through awareness and enactment.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025 1 of 2
HOUSE DOCKET, NO. 1756       FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 4049
By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 4049) of 
Russell E. Holmes for legislation to establish a prisoner donation program. Public Safety and 
Homeland Security.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to saving lives through awareness and enactment.
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 127 of the General Laws, as appearing in the 2022 Official Edition, is hereby 
2amended by adding the following section:-
3 Section 172. (a) As used in this section, the following words shall, unless the context 
4clearly appears otherwise, have the following meanings:-
5 "Approved medical transplant center", a medical facility certified by the United Network 
6for Organ Sharing and meeting all applicable state and federal standards for organ and tissue 
7transplantation.
8 "Donor gift", a donation of blood, cell tissue, bone marrow, kidney, liver segment or 
9other organ or tissue suitable for transplantation.
10 "Incarcerated person", a person in the custody of the department of correction. 2 of 2
11 (b) An incarcerated person may voluntarily donate a donor gift to a recipient, of the 
12donor’s choosing, in need of such donation. No incarcerated person shall receive monetary 
13compensation, sentence reduction or any other incentive in exchange for making a donor gift.
14 (c) Donor gifts shall only be made by the free 	and voluntary decision of the incarcerated 
15person. All donor gift procedures shall comply with applicable medical standards and ethics.
16 (d) The department of correction shall establish protocols to: (i) process requests from 
17incarcerated persons who wish to make a donor gift; (ii) provide transportation to and from 
18approved medical transplant centers; and (iii) maintain all existing security measures during 
19transportation and medical procedures.
20 (e) The department of correction and its medical providers shall not participate in the 
21medical aspects of the donor gift procedure, including evaluation, matching, surgery, or post-
22operative care. All medical aspects shall be handled exclusively by the approved medical 
23transplant center.
24 (f) The approved medical transplant center shall: (i) conduct all medical evaluations, 
25compatibility tests, and mental health assessments of the incarcerated person; (ii) determine 
26medical eligibility for donation; (iii) provide all pre-operative, surgical and post-operative care; 
27and (iv) develop treatment plans to ensure safe recovery for both the incarcerated person and 
28recipient.
29 (g) The commissioner shall promulgate regulations to implement this section.