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| 2 | 2 | | SENATE DOCKET, NO. 965 FILED ON: 1/15/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1093 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Ryan C. Fattman |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to health care proxy reform. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and HampdenBruce E. TarrFirst Essex and Middlesex2/26/2025 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 965 FILED ON: 1/15/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1093 |
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| 18 | 18 | | By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1093) of Ryan C. Fattman and |
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| 19 | 19 | | Bruce E. Tarr for legislation relative to health care proxy reform. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 966 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to health care proxy reform. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Section 2 of chapter 201D of the General Laws, as appearing in the 2022 Official Edition, |
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| 31 | 31 | | 2is hereby amended by inserting the following paragraph:- |
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| 32 | 32 | | 3 If a health care agent has not been appointed by a competent adult through the execution |
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| 33 | 33 | | 4of a health care proxy, health care decisions may be made by any of the following individuals, in |
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| 34 | 34 | | 5the following order of priority, when it is determined pursuant to section six that the principal |
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| 35 | 35 | | 6lacks capacity to make health care decisions: (i) the principal’s spouse, (ii) an adult child of the |
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| 36 | 36 | | 7principal, (iii) a parent of the principal, (iv) an adult sibling of the principal, (v) an adult relative |
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| 37 | 37 | | 8of the principal who has exhibited special care and concern for the principal and who has |
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| 38 | 38 | | 9maintained regular contact with the principal and who is familiar with the principal’s activities |
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| 39 | 39 | | 10and health. Any health care decision made by a health care agent designated by this paragraph 2 of 2 |
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| 40 | 40 | | 11must be based on informed consent and on the decision the health care agent reasonably believes |
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| 41 | 41 | | 12the patient would have made under the circumstances. If there is no indication of what the patient |
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| 42 | 42 | | 13would have chosen, the health care agent may consider the patient’s best interest in deciding that |
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| 43 | 43 | | 14proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn. |
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| 44 | 44 | | 15No person under this paragraph shall be named a health care agent by execution of a health care |
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| 45 | 45 | | 16proxy who: (i) is currently being investigated or is the subject of a criminal complaint or an |
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| 46 | 46 | | 17indictment for any violation of chapter 265 of the General Laws that resulted in serious bodily |
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| 47 | 47 | | 18injury to a principal who has become incapacitated; (ii) is currently being investigated by law |
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| 48 | 48 | | 19enforcement, the department of elder services or the office of children and families for neglect, |
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| 49 | 49 | | 20or is the subject of a criminal complaint or indictment therefore, of a principal who has become |
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| 50 | 50 | | 21incapacitated; or (iii) has been convicted of committing an assault and battery or neglect and the |
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| 51 | 51 | | 22commission of such offense resulted in serious bodily injury to a principal who has become |
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| 52 | 52 | | 23incapacitated as defined by said chapter 265. Nothing in this paragraph shall prevent an |
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| 53 | 53 | | 24individual from their right to deny signing the execution of a health care proxy for any reason. |
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