Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1073 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2560 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1073
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William J. Driscoll, Jr.
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 capacity determination.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :William J. Driscoll, Jr.Norfolk, Plymouth and Bristol 1 of 3
16	16	SENATE DOCKET, NO. 2560 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1073
18	18	By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 1073) of William J. Driscoll, Jr. for
19	19	legislation relative to capacity determination by a health care provider. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to capacity determination.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 1 of chapter 201D of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by striking out in its entirety the definition of “Attending
30	30	3physician” and inserting in place thereof the following definition:—
31	31	4 ''Attending health care provider'', the physician, nurse practitioner or psychiatric nurse
32	32	5mental health clinical specialist selected by or assigned to a patient, who has primary
33	33	6responsibility for the treatment and care of the patient, in whatever setting medical diagnosis or
34	34	7treatment is rendered. Where more than one physician, nurse practitioner or psychiatric nurse
35	35	8mental health clinical specialist shares such responsibility, any such physician, nurse practitioner
36	36	9or psychiatric nurse mental health clinical specialist may act as the attending health care
37	37	10provider.
38	38	11 SECTION 2. Section 5 of chapter 201D, as so appearing, is hereby amended by inserting
39	39	12after the word “physician”, in line 23, the following: — 2 of 3
40	40	13 , nurse practitioner or psychiatric nurse mental health clinical specialist
41	41	14 SECTION 3. Section 6 of chapter 201D, as so appearing, is hereby amended by striking
42	42	15out the words “attending physician”, in lines 4 through 5, 7, 11, 12 through 13, and 36, each time
43	43	16they appear, and inserting in place thereof the following:—
44	44	17 attending health care provider
45	45	18 SECTION 4. Said section 6 of said chapter 201D is hereby further amended by inserting
46	46	19after the word “physician”, in line 17, the following: —
47	47	20 , nurse practitioner or psychiatric nurse mental health clinical specialist
48	48	21 SECTION 5. Section 7 of chapter 201D, as so appearing, is hereby amended by inserting
49	49	22after the word “physician”, in lines 11 and 14, each time it appears, the following: —
50	50	23 , nurse practitioner or psychiatric nurse mental health clinical specialist
51	51	24 SECTION 6. Said section 7 of said chapter 201D is hereby further amended by striking
52	52	25out the words “attending physician”, in lines 17 through 18, and inserting in place thereof the
53	53	26following:—
54	54	27 attending health care provider
55	55	28 SECTION 7. Section 13 of chapter 201D, as so appearing, is hereby amended by striking
56	56	29out the words “attending physician”, in line 2, and inserting in place thereof the following: —
57	57	30 attending health care provider 3 of 3
58	58	31 SECTION 8. Section 14 of chapter 201D, as so appearing, is hereby amended by
59	59	32inserting after the word “physician”, in lines 2 through 3, 6, 7, 9, 10, and 13 through 14, each
60	60	33time it appears, the following:—
61	61	34 , nurse practitioner or psychiatric nurse mental health clinical specialist