By Ms. Peisch of Wellesley, petition (accompanied by bill, House, No. 2215) of Alice Hanlon Peisch for legislation to define the term "medical ethics peer review committee".  Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Alice Hanlon Peisch

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In the Year Two Thousand and Seven.

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An Act related to medical ethics.

    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. Section 1 of Chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following definition after the sentence beginning with “Inland waters”: -

“Medical ethics peer review committee” or “ethics committee”, a committee of a state or local professional society of health care providers, including doctors of chiropractic, or of a medical staff of a public hospital or licensed hospital or nursing home or health maintenance organization organized under chapter one hundred and seventy-six G, provided the medical staff operates pursuant to written by-laws that have been approved by the governing board of the hospital or nursing home or health maintenance organization or a committee of physicians established pursuant to section 12 of chapter 111C for the purposes set forth in subsection (f) of section 203, which committee has among its functions the receipt of complaints, their investigation, determination and the carrying of discipline, sanctions or notice against medical providers in accordance with written policies and procedures established by the ethics committee or the sponsoring organizations.

SECTION 2. Subsection (c) of Section 230 of Chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following after “participation in the procedures required by this section”: -

Or in the proceedings of a medical ethics committee,

SECTION 3. Subsection (c) of Section 230 of Chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby further amended by striking the third from the last work “by” and replacing it with “under”.

SECTION 4. Subsection (a) of Section 240 of Chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby by striking “.” at the end of the section and adding the following: -

; provided that a medical ethics committee may give such notice and make such disclosures as provided under its rules and procedures, or the articles, by-laws, resolutions of the organization in which it exists or as required by applicable laws or regulations.