Bill
S 1073
Massachusetts bill broadens who can determine capacity by replacing “attending physician” with “attending health care provider,” including nurse practitioners and psychiatric nurse
Note: The materials provided include multiple, separate bills and documents that share the number “S 1073” across jurisdictions. Two distinct substantive measures appear in the record below:
Both are summarized separately to avoid confusion.
Purpose
- Clarifies municipal authority over solid waste collection and explicitly preserves a property owner’s right to contract with non-franchised providers for temporary, project‑specific waste containers.
Key provisions
- Amends Idaho Code § 50-344 (Solid Waste Disposal):
- Reaffirms cities may operate solid waste systems by employees, contracts, franchises, other governments, or combinations thereof.
- Adds an explicit exception: notwithstanding any city contract or franchise, any person may contract with a solid waste collection provider of their choosing for the use of temporary, project‑specific solid waste collection containers (in the engrossed version this phrase is defined by city ordinance).
- Retains language allowing the mayor/city manager to suspend chapter 28, title 67 (procurement law) for public safety/health when necessary.
- Continues to allow cities to require or waive security/performance undertakings before granting franchises or contracts.
- Emergency clause: Act effective July 1, 2025.
Who is affected
- Property owners, contractors, construction sites and other users of temporary dumpsters/containers; non-franchised waste haulers; city franchise holders and municipal governments.
Fiscal impact
- Revised fiscal note: no fiscal impact on state or local government.
Procedural status
- Passed both chambers and signed by the governor (Session Law Chapter 238). Effective July 1, 2025.
Purpose
- Revises terminology and expands the set of clinicians recognized as the “attending” provider in Chapter 201D (laws governing mental health/psych treatment and capacity determinations).
Key provisions
- Replaces the term “attending physician” with “attending health care provider” across multiple sections of chapter 201D.
- Explicitly includes nurse practitioners and “psychiatric nurse mental health clinical specialists” alongside physicians wherever “physician” is referenced in the chapter.
- Defines “attending health care provider” to mean the physician, nurse practitioner or psychiatric nurse mental health clinical specialist selected by or assigned to a patient with primary responsibility for treatment and care; allows any one of multiple responsible clinicians to act as the attending provider.
Who is affected
- Patients subject to capacity determinations and related processes under chapter 201D (e.g., involuntary treatment, consent/competency matters); physicians, nurse practitioners, psychiatric mental health clinical specialists, hospitals and other treatment facilities; legal counsel and courts handling capacity/commitment issues.
Fiscal/administrative impact
- No fiscal note in the materials provided. Impact is primarily legal/operational — broadening which clinicians can make or be treated as the attending provider could affect procedural responsibilities, documentation, and who may make capacity-related determinations.
Procedural status
- Filed 01/17/2025 (Senate docket 2560). Petitioned/presented by Sen. William J. Driscoll, Jr.; referred to the Judiciary Committee. Hearing(s) scheduled / rescheduled for Nov 18, 2025 (per record). Further committee action pending.
Compiled from official sources — confirm details with the bill’s official record.
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