Mass. Gen. Laws ch. 119 § 38A

Current through Chapter 112 of the 2024 Legislative Session
Section 119:38A - Proceedings related to court orders to not resuscitate or to withdraw life-sustaining medical treatment

In any proceedings related to court orders to not resuscitate or to withdraw life-sustaining medical treatment, the department or the party petitioning for the order shall require: (i) a written opinion from the childs treating physician, (ii) a written recommendation from the ethics committee of the hospital at which the child is a patient, and (iii) a written second opinion from a physician who is certified in the same medical specialty as the childs treating physician and who is not affiliated with the hospital at which the child is a patient. The department or the party petitioning for the order shall submit these documents to the court. The commissioner shall determine and make the departments recommendation to the court. The court shall also seek a recommendation from the childs parent or guardian. The court shall appoint a guardian ad litem to make a recommendation to the court on behalf of the child. Any appeal made under this section shall be an interlocutory appeal.

Mass. Gen. Laws ch. 119, § 38A

Added by Acts 2008, c. 176,§ 89, eff. 7/8/2008.