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MA H1921

MA H1921
Prohibiting the participation of healthcare professionals in the torture and abuse of prisoners


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to prohibit the participation of health care professionals in the torture and abuse of prisoners. Public Health.

AI Summary

This bill, titled "Prohibiting the participation of healthcare professionals in the torture and abuse of prisoners," amends Massachusetts General Laws to explicitly prohibit healthcare professionals from engaging in or facilitating the torture or abusive treatment of prisoners. A "healthcare professional" is broadly defined to include anyone licensed or certified in a health-related profession in Massachusetts. "Torture" is defined as intentionally inflicting severe pain or suffering for purposes such as obtaining information, punishment, intimidation, or coercion, while "abusive treatment" encompasses cruel, inhuman, or degrading treatment as defined by international treaties and U.S. law, or any violation of the bill's provisions. The bill clarifies that healthcare professionals are only permitted to interact with prisoners for the purpose of evaluating, treating, protecting, or improving their physical or mental health within a patient-provider relationship, or in specific limited circumstances outlined in the bill, and they are strictly forbidden from using their knowledge or skills to facilitate torture, abusive treatment, punishment, intimidation, coercion, or to create conditions designed to harm prisoners. Furthermore, healthcare professionals are prohibited from participating in interrogations, including being present or advising on techniques, unless it's to assess competency or sanity in an authorized context. The bill also establishes a duty for healthcare professionals to report any suspected or ongoing torture or abusive treatment to appropriate government agencies and licensing authorities, and it clarifies that knowledge of such prohibited conduct is sufficient for a violation, even if acting outside their professional capacity. The bill's provisions apply regardless of where the conduct occurs, who commits it, or whether it's under the guise of legal authority, and it does not expand the scope of practice for healthcare professionals. Finally, the bill amends another section of law to protect individuals who report or threaten to report violations of this new section from retaliation.

Committee Categories

Health and Social Services

Sponsors (13)

Last Action

Accompanied a study order, see H4638 (on 09/26/2016)

bill text


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Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/189/House/H1921 11/24/2016
State Bill Page https://malegislature.gov/Bills/189/H1921 03/12/2015
Bill https://malegislature.gov/Bills/189/H1921.pdf 03/12/2015
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