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S 1495

Relates to universal pre-K school bus transportation

2025 Regular Session Introduced by Pat Fahy and 1 co-sponsor

Allows post-exposure blood tests of a patient and disclosure of results to exposed healthcare workers and first responders, even when the patient cannot or will not consent.

REFERRED TO EDUCATION
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Bill Summary · S 1495

Summary — S.1495 (2025): "An Act relative to healthcare worker and first responder safety"

Status: Referred to committee (Education/Public Health); hearing scheduled 2025-06-11
Filed/Introduced: 01/15/2025 (Sen. John J. Cronin)
Statutory change proposed: Amendment to Section 70F of Chapter 111, Massachusetts General Laws

Purpose / Intent

The bill is intended to protect healthcare workers and first responders by permitting certain blood or bodily‑fluid testing of a patient whose blood or bodily fluids have come into contact with those workers — even if the patient refuses or is unable to provide written consent — and to allow disclosure of the test result to the exposed worker.

Key provisions

  • Adds a paragraph to G.L. c.111, §70F that states: when a healthcare provider, first responder, police officer, fire official, prison guard, or other public officer in the line of duty has come into contact with the blood or bodily fluid of a patient or person who may be infected, “such tests may be performed and the result made known” to the exposed person despite the patient’s inability or refusal to give written consent.
  • The text does not specify which infectious agents are covered (e.g., HIV, hepatitis B/C), testing procedures, or timeframes — it grants a general exception to the existing consent requirement in §70F in exposure incidents.

Who would be affected

  • Directly affected: healthcare providers, emergency medical personnel, police officers, firefighters, correctional officers, and other public officers who experience occupational exposure to blood or bodily fluids.
  • Indirectly affected: patients or persons whose blood/body fluids would be tested without their written consent; hospitals, public health authorities, and laboratories that would perform tests and disclose results.

Potential impacts and considerations

  • Benefits: could speed post‑exposure medical evaluation (e.g., prophylaxis), reduce occupational risk uncertainty, and help exposed personnel obtain timely treatment or monitoring.
  • Privacy and legal issues: raises confidentiality and informed-consent concerns under state law and federal HIPAA/privacy rules. The bill permits testing/disclosure despite refusal — implementation would require protocols to reconcile with existing privacy statutes and laboratory consent rules.
  • Operational questions not addressed by the text: which specific tests are authorized; who orders/authorizes the test; chain of custody and laboratory consent; recordkeeping; requirement to notify and counsel patients; and liability protections for providers or institutions.
  • Possible litigation risk if construed to conflict with other statutes or constitutional protections.

Procedural status & notes

  • Filed as Senate Docket No. 941 and introduced by Sen. John J. Cronin.
  • Legislative actions listed include referral to several committees and a hearing scheduled for 06/11/2025.
  • The provided bill metadata includes inconsistencies (conflicting titles, multiple unrelated sponsors and committee referrals). Users should consult the official Massachusetts legislative website or the Senate/House clerks’ offices for the authoritative text, current status, and any subsequent amendments.

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

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