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| 2 | 2 | | SENATE DOCKET, NO. 1606 FILED ON: 1/16/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1230 |
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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 | | Patrick M. O'Connor |
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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 establishing medical civil rights. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 1606 FILED ON: 1/16/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1230 |
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| 18 | 18 | | By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1230) of Patrick M. O'Connor for |
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| 19 | 19 | | legislation to ensure emergency medical service custody of law enforcement. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act establishing medical civil rights. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 Chapter 276 is hereby amended by adding the following new section:- |
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| 29 | 29 | | 2 Section 33 ½. |
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| 30 | 30 | | 3 (1) Definitions: |
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| 31 | 31 | | 4 (a) “Emergency medical condition” a medical condition, whether physical, behavioral, |
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| 32 | 32 | | 5related to a substance use disorder, or mental, manifesting itself by symptoms of sufficient |
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| 33 | 33 | | 6severity, including but not limited to severe pain, that the absence of prompt medical attention |
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| 34 | 34 | | 7could reasonably be expected by a prudent layperson who possesses an average knowledge of |
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| 35 | 35 | | 8health and medicine to result in placing the health of the person or another person in serious |
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| 36 | 36 | | 9jeopardy, serious impairment to body function or serious dysfunction of any body organ or part. |
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| 37 | 37 | | 10 (b) “Medically unstable,” any condition, whether physical, behavioral, or related to |
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| 38 | 38 | | 11substance use or mental health disorders, that manifests in an unstable medical or mental health 2 of 3 |
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| 39 | 39 | | 12status, which could reasonably be understood by a prudent layperson to lead to an emergency |
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| 40 | 40 | | 13medical condition. |
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| 41 | 41 | | 14 (c) “Law enforcement agency”, (i) a state, county, municipal or district law enforcement |
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| 42 | 42 | | 15agency, including, but not limited to: a city, town or district police department, the office of |
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| 43 | 43 | | 16environmental law enforcement, the University of Massachusetts police department, the |
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| 44 | 44 | | 17department of the state police, the Massachusetts Port Authority police department, also known |
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| 45 | 45 | | 18as the Port of Boston Authority police department, and the Massachusetts Bay Transportation |
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| 46 | 46 | | 19Authority police department; (ii) a sheriff’s department in its performance of police duties and |
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| 47 | 47 | | 20functions; or (iii) a public or private college, university or other educational institution or |
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| 48 | 48 | | 21hospital police department. |
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| 49 | 49 | | 22 (d) “Law enforcement officer” or “officer”, any officer of an agency, including the head |
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| 50 | 50 | | 23of the agency; a special state police officer appointed pursuant to section 58 or section 63 of |
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| 51 | 51 | | 24chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police |
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| 52 | 52 | | 25duties and functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 |
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| 53 | 53 | | 26performing police duties and functions; a constable executing an arrest for any reason; or any |
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| 54 | 54 | | 27other special, reserve or intermittent police officer. |
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| 55 | 55 | | 28 (e) “Correctional officer”, any officer with supervisory, custodial, or other control |
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| 56 | 56 | | 29responsibilities within a correctional agency. |
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| 57 | 57 | | 30 (f) “Correctional agency”, the Department of Corrections, a House of Corrections, or a |
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| 58 | 58 | | 31jail. |
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| 59 | 59 | | 32 (g) “Medical personnel”, any person licensed to provide health care, including but not |
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| 60 | 60 | | 33limited to an emergency medical technician, physician or nurse. 3 of 3 |
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| 61 | 61 | | 34 (2)Any person who experiences an emergency medical condition or is medically unstable |
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| 62 | 62 | | 35while in direct audio or visual contact with, or under the custody or control of, a law enforcement |
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| 63 | 63 | | 36or correctional officer shall have the right to be provided with emergency medical services. |
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| 64 | 64 | | 37 (3) Except as provided in subsection (4) of this section, a law enforcement or correctional |
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| 65 | 65 | | 38officer shall immediately request emergency medical services for any person who is under such |
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| 66 | 66 | | 39officer's custody or control or otherwise in direct audio or visual contact with the officer when |
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| 67 | 67 | | 40such person: (1) Has communicated to the officer that the person is (A) experiencing an |
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| 68 | 68 | | 41emergency medical condition, or (B) medically unstable, or (2) has been reasonably observed by |
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| 69 | 69 | | 42the officer to be (A) experiencing an emergency medical condition, or (B) medically unstable. |
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| 70 | 70 | | 43 (4) A law enforcement or correctional officer shall not be required to request emergency |
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| 71 | 71 | | 44medical services when such officer (1) has made a reasonable determination that the person is |
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| 72 | 72 | | 45not (A) experiencing an emergency medical condition, or (B) medically unstable, and (2) knows |
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| 73 | 73 | | 46that such person has been seen by a medical professional within the previous twenty-four hours |
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| 74 | 74 | | 47and was released from such medical professional's care after a determination that such person |
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| 75 | 75 | | 48was not (A) experiencing an emergency medical condition, or (B) medically unstable. |
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| 76 | 76 | | 49 (5) In circumstances where medical personnel and law enforcement or correctional |
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| 77 | 77 | | 50officers are simultaneously involved, a law enforcement or correctional officer shall immediately |
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| 78 | 78 | | 51allow medical personnel to commence treatment for any person who is under such officer's |
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| 79 | 79 | | 52custody or control when such person: (1) Has communicated to the officer that the person is (A) |
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| 80 | 80 | | 53experiencing an emergency medical condition, or (B) medically unstable, or (2) has been |
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| 81 | 81 | | 54reasonably observed by the officer to be (A) experiencing an emergency medical condition, or |
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| 82 | 82 | | 55(B) medically unstable. |
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