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