H 1398 Massachusetts House · 193rd Legislature (2023-2024)

An Act relative to healthcare proxies

This bill amends Massachusetts law to allow a patient's attending physician to designate another willing physician as a temporary healthcare proxy if the original designated agent is unavailable, unwilling, or unable to make decisions. The new provision requires the attending physician to make reasonable efforts to contact the original agent, obtain an independent assessment of the patient's lack of capacity from a qualified professional, and secure consensus from the facility's medical ethics committee before making such a designation. Additionally, the bill mandates that the identity of the designated physician be documented in the patient's medical record and explicitly states that this change does not authorize physician-assisted suicide.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
Senate Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Jun 5, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Senate · Passed
Senate concurred
Feb 16, 2023
House · Referred to committee
Referred to the committee on The Judiciary
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Donnie Berthiaume
Donnie Berthiaume
RRepublican
MA
5th Worcester