SENATE, No. 1225

By Ms. Fargo, a petition (accompanied by bill, Senate, No. 1225) of Susan C. Fargo and Edward Augustus, Jr. for legislation relative to health care delivery. Public Health.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to health care delivery

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 5 of chapter 112 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following subpart after line 154:-

(i)  is guilty of refusing to treat a patient because the patient is seropositive for Human Immunodeficiency Virus (HIV) or is perceived as being at high risk for HIV infection, including a patient who has received or is receiving treatment for drug dependency.

SECTION 2:  Chapter 112 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following section:-

Section 52H: The board, after due notice and hearing , may suspend, revoke, cancel, or reprimand the holder of any certificate, registration, license or authority issued by it, of any dentist whom it finds is guilty of refusing to treat a patient because the patient is seropositive for Human Immunodeficiency Virus (HIV) or is perceived as being at high risk for HIV infection, including a patient who has received or is receiving treatment for drug dependency.

SECTION 3:  Chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after Section 70G, the following section:--

Section 70H: No health care provider who is licensed or registered pursuant to chapter 112 of the General Laws shall obtain a license or registration, or renewal of said license or registration, unless the health care provider has demonstrated that he or she has received appropriate training and continuing education on HIV/AIDS counseling and testing, the diagnosis and treatment of HIV disease, and infection control and universal precautions.