Section 51.25: Acute-care hospitals; promulgation of regulations; enforcement and penalties
419 words·~2 min read·
/ma/part-i/title-xvi/chapter-111/51-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[ Text of section added by 2025, 16, Sec. 11 effective November 5, 2025.]
Section 51 1/4.
(a)For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Emergency medical condition'', a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in:
(i)placing the health of the patient in serious jeopardy;
(ii)serious impairment of bodily functions; or
(iii)serious dysfunction of any bodily organ or part; provided, however, that "emergency medical condition'' shall include, but shall not be limited to, ectopic pregnancy, complications of pregnancy loss or abortion, active labor, risks to future fertility, preterm premature rupture of membranes, placental abruption or bleeding from placenta previa or emergent hypertensive disorders, such as preeclampsia and eclampsia and peripartum cardiomyopathy, and any other condition a licensed health care provider, acting within their lawful scope of practice, determines, in the provider's best medical judgment, to be an emergency medical condition.
"Patient'', any person who presents at a hospital or who is brought to a hospital by ambulance or specialized emergency medical services vehicle as defined in section 1 of chapter 111C.
"Stabilizing treatment'', includes abortion when abortion is necessary to resolve the patient's injury or emergency medical condition.
(b)Acute-care hospitals licensed under section 51G, during all operating hours of an emergency department or a satellite emergency facility as defined in section 511/2, shall provide hospital emergency services to any patient who presents with an injury or an emergency medical condition. Acute-care hospitals shall furnish hospital emergency services, including, but not limited to, medical screening by qualified medical personnel, to reach with reasonable clinical confidence a determination of whether a patient has an emergency medical condition and to provide necessary stabilizing treatment for patients with an emergency medical condition. Acute-care hospitals shall establish and maintain policies and procedures for the provision of hospital emergency services, including for a patient's refusal to consent, restricting transfers until the patient is stabilized, appropriate transfers of patients, nondiscrimination in providing services to patients, preventing delay in examination or treatment of patients and whistleblower protections.
(c)The department may promulgate regulations to implement this section.
(d)The attorney general may bring a civil action for injunctive or other equitable relief to enforce this section. In any action brought by the attorney general under this section, the court may also award a civil penalty of not more than $10,000 for each violation.