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HD 2493

An Act providing for safe and consensual sensitive examinations

194th Legislature (2025-2026) Introduced by Mindy Domb and 1 co-sponsor

Ensures patient autonomy and safety in sensitive exams by requiring written informed consent when sedated and giving patients the right to a medical chaperone.

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Bill Summary · HD 2493

Summary: HD 2493 — An Act Providing for Safe and Consensual Sensitive Examinations

Purpose and intent

This bill aims to enhance patient autonomy and safety during sensitive medical procedures by ensuring informed consent and the option of a medical chaperone for sensitive examinations conducted in Massachusetts health care settings. It seeks to standardize protections for patients undergoing breast, genital, pelvic, prostate, or rectal examinations, particularly when patients are sedated, anesthetized, or otherwise unable to consent.

Key definitions and provisions

  • Sensitive examination: Includes breast, genital, pelvic, prostate, or rectal examinations.
  • Health care organization: An entity that employs one or more health care providers.
  • Health care provider: Includes physicians, medical/nursing students in training, residents, physician assistants, advanced practice registered nurses, and other health care providers.
  • Medical chaperone: A third-party health care provider or trained staff member who witnesses the examination, offers comfort, helps with interpreter services as needed, and ensures continuing consent.

Core requirements

  • A health care provider may not perform a sensitive examination on an anesthetized, deeply sedated, or unconscious patient without specific written informed consent, except when necessary for diagnosis/treatment or in emergencies.
  • Outside of emergencies, a patient has the right to request and have a medical chaperone present during a sensitive examination. Providers should endeavor to match the patient’s gender identity when possible.
  • Providers must give notice to patients about the right to a chaperone prior to the examination.
  • The Department of Public Health must issue regulations on implementation, documentation, notice, chaperone training, and protections for minors and patients lacking capacity.
  • The Department will create authorized informed consent forms, separate from other agreements, clearly noting the right to a chaperone. Forms may be paper or electronic and must be signed before the examination.

Enforcement and implementation

  • Noncompliance with these provisions is deemed harmful to patient care and safety under the state’s public health regulations.
  • The Commissioner must promulgate necessary regulations to implement and enforce the section.

Affected parties

  • Patients undergoing sensitive examinations.
  • Health care providers and health care organizations.
  • Medical chaperones (or staff trained to serve as chaperones).
  • Individuals under 18 or lacking decision-making capacity receive special protections under forthcoming regulations.

Timeline and effective dates

  • Subsection (b) of Section 1 takes effect no later than 60 days after the act’s effective date.
  • The act as a whole takes effect no later than 1 year after the act’s effective date.
  • The exact “effective date” depends on enactment and the state’s statutory process.

Notes

The bill was introduced by Representatives Mindy Domb and Kimberly N. Ferguson and related to Public Health. The framework emphasizes patient consent, safety, and the use of chaperones to support patient comfort and autonomy during sensitive examinations.

Compiled from official sources — confirm details with the bill’s official record.

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