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SENATE DOCKET, NO. 2560 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1073
The Commonwealth of Massachusetts
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PRESENTED BY:
William J. Driscoll, Jr.
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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 capacity determination.
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PETITION OF:
NAME:DISTRICT/ADDRESS :William J. Driscoll, Jr.Norfolk, Plymouth and Bristol 1 of 3
SENATE DOCKET, NO. 2560 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1073
By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 1073) of William J. Driscoll, Jr. for
legislation relative to capacity determination by a health care provider. The Judiciary.
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 capacity determination.
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 1 of chapter 201D of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out in its entirety the definition of “Attending
3physician” and inserting in place thereof the following definition:—
4 ''Attending health care provider'', the physician, nurse practitioner or psychiatric nurse
5mental health clinical specialist selected by or assigned to a patient, who has primary
6responsibility for the treatment and care of the patient, in whatever setting medical diagnosis or
7treatment is rendered. Where more than one physician, nurse practitioner or psychiatric nurse
8mental health clinical specialist shares such responsibility, any such physician, nurse practitioner
9or psychiatric nurse mental health clinical specialist may act as the attending health care
10provider.
11 SECTION 2. Section 5 of chapter 201D, as so appearing, is hereby amended by inserting
12after the word “physician”, in line 23, the following: — 2 of 3
13 , nurse practitioner or psychiatric nurse mental health clinical specialist
14 SECTION 3. Section 6 of chapter 201D, as so appearing, is hereby amended by striking
15out the words “attending physician”, in lines 4 through 5, 7, 11, 12 through 13, and 36, each time
16they appear, and inserting in place thereof the following:—
17 attending health care provider
18 SECTION 4. Said section 6 of said chapter 201D is hereby further amended by inserting
19after the word “physician”, in line 17, the following: —
20 , nurse practitioner or psychiatric nurse mental health clinical specialist
21 SECTION 5. Section 7 of chapter 201D, as so appearing, is hereby amended by inserting
22after the word “physician”, in lines 11 and 14, each time it appears, the following: —
23 , nurse practitioner or psychiatric nurse mental health clinical specialist
24 SECTION 6. Said section 7 of said chapter 201D is hereby further amended by striking
25out the words “attending physician”, in lines 17 through 18, and inserting in place thereof the
26following:—
27 attending health care provider
28 SECTION 7. Section 13 of chapter 201D, as so appearing, is hereby amended by striking
29out the words “attending physician”, in line 2, and inserting in place thereof the following: —
30 attending health care provider 3 of 3
31 SECTION 8. Section 14 of chapter 201D, as so appearing, is hereby amended by
32inserting after the word “physician”, in lines 2 through 3, 6, 7, 9, 10, and 13 through 14, each
33time it appears, the following:—
34 , nurse practitioner or psychiatric nurse mental health clinical specialist