By Mr. Casey of Winchester, petition (accompanied by bill, House, No. 1347) of Paul C. Casey relative to the liability of dentists and dental hygienists who provide emergency care or treatment.  The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

Paul C. Casey

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In the Year Two Thousand and Seven.

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An Act relative to the liability of dentists and hygenists.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 112 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 52G the following new section: —
Section 52H. No dentist duly registered under the provisions of section forty-five, forty-five A, or forty-eight, and no dental hygienist duly registered under the provisions of section fifty-one, who, in good faith, as a volunteer and without fee or the promise of compensation, renders emergency care or treatment, other than in the ordinary course of his practice, or basic dental services including simple extractions, sealings or other minor restorative and preventative procedures, shall be held liable in a suit for damages as a result of his acts or omissions during the rendering of such services, unless the act or omission was the result of gross negligence or willful misconduct. For purposes of this section, the agreement to provide voluntary services must be made prior to the rendering of such services.