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An Act to ensure parity in social work licensure
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H208
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HD3733
| 193
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{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-20T13:47:38.587'}
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[{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-20T13:47:38.5866667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-25T22:33:14.2466667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T22:33:14.2466667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-25T22:33:14.2466667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T22:33:14.2466667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T22:33:14.2466667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T22:33:14.2466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T13:02:56.8033333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-26T13:02:56.8033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-26T16:57:25.94'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T16:57:25.94'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T16:57:25.94'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T16:57:25.94'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-26T16:57:25.94'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-30T19:09:04.34'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T19:09:04.34'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T19:09:04.34'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-01T14:50:08.0733333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T14:50:08.0733333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T13:59:13.17'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-07T13:59:13.17'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-08T15:53:32.57'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-08T15:53:32.57'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:53:32.57'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-09T15:37:47.7066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T23:33:37.87'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-09T23:33:37.87'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T11:01:50.1133333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-14T14:12:28.9466667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-15T18:14:24.2833333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-22T14:03:11.41'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-22T19:02:02.6633333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-28T10:50:57.89'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-13T17:03:19.6933333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-11T22:27:37.9733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H208/DocumentHistoryActions
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Bill
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By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 208) of James J. O'Day and others relative to social work licensure and establishing a special commission (including members of the General Court) relative to the creation of a new certification for child welfare workers at the Department of Children and Families. Children, Families and Persons with Disabilities.
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SECTION 1. Section 131 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in the first paragraph, the following:- “has passed an examination prepared by the board for this purpose; and”.
SECTION 2. Said Section 131 of Chapter 112, as so appearing, is further amended by striking out, in the second paragraph, the words “he has passed an examination prepared by the board for this purpose; and will conduct his”, and inserting in place thereof the following: “they will conduct their”.
SECTION 3. Said Section 131 of Chapter 112, as so appearing, is further amended by striking out the third paragraph in its entirety.
SECTION 4. Said Section 131 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in the fourth paragraph, the words “he has passed an examination prepared by the board for this purpose; and will conduct his” and inserting in place thereof the following: “they will conduct their”.
SECTION 5. Said section 131 of Chapter 112, as so appearing, is further amended by striking out the fifth paragraph in its entirety.
SECTION 6. Said section 131 of Chapter 112, as so appearing, is hereby amended by striking out, in the sixth paragraph, the words “and has passed a specialty examination in clinical social work prepared by the board for this purpose”.
SECTION 7. Section 132 of chapter 112 of the General Laws, as appearing in the 2018 Official edition, is hereby amended by striking out, in the first paragraph, the words “licensed certified social workers, including those in independent clinical practice, licensed social workers and”.
SECTION 8. Chapter 112, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 132 the following new section:-
Section 132A: (a) A provisional license shall be granted to those applicants who have taken the examination for a social work associate no less than two times and failed within 15 points. The provisional license shall be valid for a maximum of one year. The licensee shall complete professional development, supervisory and educational requirements within no less than one year. Upon completion of the provisional license requirements the licensee shall be exempt from the testing requirement within section 132 and granted a full license.
(b) A licensee operating with a provisional license shall maintain a professional portfolio that shall include the following:
i. Affidavits of understanding regarding the provisional licensing process and requirements;
ii. Eleven separate 3-5 page typed, double spaced papers, each one covering a separate, specific core content area of social work practice;
iii. A daily journal of the probationary licensee’s activities and supervision for the probationary period;
iv. A 7-10 page typed, double spaced case analysis covering the probationary licensee’s work with a typical client during the probationary period;
v. A 3-5 page typed, double spaced self-evaluation completed by the probationary licensee which includes an analysis of the licensee’s professional knowledge, skills and abilities;
vi. Quarterly evaluations completed and submitted to the board by the supervisor regarding the probationary licensee’s development;
vii. An evaluation of the supervisor’s supervision skills completed by the probationary licensee;
viii. A notarized affidavit from the supervisor attesting to the readiness of the probationary licensee’s ability to perform as a professional social worker based on the knowledge, skills and abilities observed during the supervision period.
SECTION 9. There shall be established a special legislative commission, hereinafter the commission, to investigate the creation of a new certification for child welfare workers at the department of children and families. The commission shall consist of the house and senate chairs of the joint committee on children, families, and persons with disabilities, or their designees, who shall serve as co-chairs; the child advocate, or a designee; the commissioner of the department of children and families, or their designee; two current workers employed by the the department of children and families and appointed by SEIU Local 509 who have served at the department for over five years; two representatives of child or family welfare organizations from communities which are disproportionately involved with the department of children and families, appointed by the co-chairs; and two individuals previously personally involved with the department of children and families, appointed by the co-chairs. All appointments shall be made not later than 60 days after the effective date of this act. The commission shall convene its first meeting not more than 90 days from the effective date of this act.
The commission shall examine the feasibility and make recommendations regarding the creation of a new certification for child welfare workers at the department of children and families, including, without limitation: 1) whether social work licensure, as outlined in section 121 of Chapter 112 of the general laws, is the only appropriate qualification to be a child welfare professional employed by the department of children and families; 2) explore the possibility of a new certification or form of licensure to be made available in addition to social work licensure, with training and education requirements specific to child protection and the work of the department of children and families; 3) consider what would qualify an individual for this new certification, recognizing that standardized tests are inherently biased and do not effectively evaluate a person’s ability to provide services to children and families; 4) ensure that the recommended criteria for child welfare certification not serve as a barrier to certification for members of communities disproportionately involved with the department of children and families, and ensures parity for workforce access regardless of primary language, cultural background, or race.
The Commission shall, no later than fifteen months from the effective date of this act, report to the general court on the results of its investigation and study together with its finding, by filing the same with the clerks of the house of representatives and senate who shall forward the same to the secretary of the executive office of health and human services, the house and senate committees on ways and means, the joint committee on children, families, and persons with disabilities, and the joint committee on consumer protection and professional licensure.
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An Act relative to municipal land ownership
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H2080
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HD305
| 193
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{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:21:04.057'}
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[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:21:04.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2080/DocumentHistoryActions
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Bill
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By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 2080) of Joseph D. McKenna relative to municipalities that own land that is located within the geographical bounds of another municipality. Municipalities and Regional Government.
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SECTION 1. Chapter 40 of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by inserting after section 3A the following section:-
Section 3B. (a) Notwithstanding any general or special law to the contrary, no municipality shall own land that is located within the geographical bounds of another municipality.
(b) If a municipality takes possession of land located within the geographical bounds of another municipality for any reason, the municipality shall dispose of such land by private sale or public auction no later than 180 days after taking possession; provided, however, that prior to any sale or other disposition of land, the municipality that owns land located within the geographical bounds of another municipality shall provide written notice, by regular and certified mail, return receipt requested, to the municipality in which the land is located of the sale and offer the municipality in which the land is located a first refusal option to meet a bona fide offer to purchase the land. The municipality shall hold such first refusal option for 60 days after receipt of the notice.
The treasurer of any municipality that takes possession of land located within the geographical bounds of another municipality shall assign and transfer title to such land via private sale or to the highest bidder after a public auction, after having given 14 days' notice of the time and place of such public auction by publication and having posted such notice in 2 or more convenient and public places in each municipality, and may execute and deliver on behalf of the municipality any instrument necessary therefor. The instrument of assignment shall be in a form approved by the chief executive officer or executive body of the municipality and shall be recorded within 60 days from its date.
SECTION 2. This act shall take effect 2 years after its passage.
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An Act relative to the charter of the town of Dedham
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H2081
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HD1495
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-13T09:58:29.28'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-13T09:58:29.28'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-18T14:27:40.3833333'}]
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-13T09:58:29.28'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2081/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham and Senator Rush, a joint petition (accompanied by bill, House, No. 2081) of Paul McMurtry and Michael F. Rush (by vote of the town) relative to the charter of the town of Dedham. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Section 1-1 of the charter of the town of Dedham, which is on file with the archivist of the commonwealth, as provided in section 12 of chapter 43B of the general laws, is hereby amended by striking out the word “corporate” and inserting in place thereof the following word:- corporation.
SECTION 2. Subsection (b) of section 2-2 of said charter is hereby amended by striking out, in each instance, the words “registrars of voters” and inserting in place thereof, the following words:- board of registrars of voters.
SECTION 3. Subsection (b) of section 2-7 of said charter is hereby amended by striking out the second and third sentences and inserting in place thereof the following sentences:- If no such election is to be held within 120 days, the vacancy shall be filled by the properly nominated candidate for town representative receiving the highest number of votes at the last annual town election in that district, but who was not elected or appointed under this section. A town representative filling a vacancy provided in this paragraph shall serve until the next regular annual election, at which time the remainder of the term, if any, shall be filled by official ballot. If no such candidate exists, the vacancy shall be filled at a district caucus on or before the date of the next town meeting.
SECTION 4. Subparagraph (i) of paragraph (1) of subsection (c)) of section 2-9 of said charter is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The duties of the finance and warrant committee shall include those listed under section 2-9(c)(2) and section 5A-6.
SECTION 5. Said subparagraph (i) of said paragraph (1) is hereby further amended by striking out the figure “3-8” and inserting in place thereof the following figure:- 3-9.
SECTION 6. Subparagraph (iii) of said paragraph (1) is hereby amended by striking out, in each instance, the word “precinct” and inserting in place thereof the following word:- district.
SECTION 7. Subsection (h) of said section 2-9 is hereby amended by striking out the word “precinct” and inserting in place thereof the word:- district.
SECTION 8. Paragraph 4 of section 2-12 of said charter is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The question submitted shall be stated on the ballot in substantially the same language and form in which it was stated when presented by the moderator to the representative town meeting as appearing in the records of the town meeting, and shall be similar to the following: "Shall the voters of the town confirm the action taken by the representative town meeting at the town meeting held on [insert date] to [insert here the question as stated when presented by the moderator]?”
SECTION 9. Subsection (d) of section 3-2 of said charter is hereby amended by striking out the words “registrars of voters” and inserting in place thereof the following words:- board of registrars of voters.
SECTION 10. Section 3-10 of said charter is hereby amended by striking out subsection (c).
SECTION 11. Section 3-12 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Composition, Term of Office – There shall be a housing authority which shall consist of 5 members elected or appointed under section 5 of chapter 121B of the General Laws or as otherwise provided by law.
SECTION 12. Paragraph (3) of subsection (b) of section 3-13 of said charter is hereby amended by striking out the words “the said registrars” and inserting in place thereof the following words:- the board of registrars of voters.
SECTION 13. Subsection (c) of said Section 3-13 is hereby amended by striking out the words “registrars of voters” and inserting in place thereof the following words”:- board of registrars of voters.
SECTION 14. Paragraph (1) of subsection (b) of section 4-2 of said charter is hereby amended by striking out the words “, board of library trustees, and the parks and recreation commission”.
SECTION 15. Said section 4-2 is hereby amended by striking out subsection (s) and inserting in place thereof the following subsection:-
(s) To supervise and direct all appointed department heads, directors, principal deputies and principal agents of elected and appointed multiple bodies, with respect to the day-to-day operational and administrative matters, in a manner consistent with the town’s personnel by-laws and policies and , if applicable, contracts or collective bargaining agreements. The town manager shall, in connection therewith, provide for an annual review of such department heads, directors, principal deputies and principal agents with respect to day-to-day operational and administrative matters, following consultation with the respective multiple member body or its designee.
SECTION 14. Section 6-4 of said charter is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whenever a vacancy occurs in any town office or town employment or on any multiple member body, except for positions covered under the civil service laws, whether by reason of death, resignation, expiration of a fixed term for which a person has been appointed or otherwise, the appointing authority shall cause public notice of the vacancy to be posted on the town bulletin boards, town website and other available electronic media.
SECTION 15. Said section 6-4 is hereby further amended by adding the following sentence:- Further, the town shall provide written or electronic notice to those members of appointed multiple member bodies whose terms are expiring no later than 90 days prior thereto; provided, however, that failure to provide such notice on or before the date indicated shall not extend the term of such appointment.
SECTION 16. Said charter is hereby further amended by striking out section 6-7 and inserting in place thereof the following section:-
6-7 Role of Multiple Member Bodies
(a) Multiple Member Bodies. Nothing in this charter shall be construed to authorize any individual member of an elected or appointed multiple member body, nor a majority of members of such body, to become involved in the day-to-day operation and administration of any town agency, including appointment and supervision of department heads and staff. Instead, day-to-day operations shall be subject to oversight by the town manager under section 4-2 and department heads under sections 6-5 and 6-6. It is the intention of this section to affirmatively establish that such bodies shall act only through the adoption of broad policy guidelines that are to be implemented by officers and employees serving under such body.
(b) Department Heads. Notwithstanding any provision of section 6-7(A) or 4-2(b)(2) to the contrary, department heads appointed by the town manager under the provisions of section 4-2(b)(1) shall be responsible to the appropriate elected or appointed multiple member body for implementation of policy decisions made and policy guidance given. Each department head shall report regularly to such multiple member body concerning department operations, actions taken and the status of new or ongoing issues. Each department head shall work cooperatively with the chair of the appropriate multiple member body and the town manager to ensure the body has appropriate administrative and operational support.
815787/DEDH/0275
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[{'Description': 'H2081 -- Dedham', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17197&title=H2081%20--%20Dedham'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act regarding municipal zoning powers
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H2082
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HD3704
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-20T14:14:46.703'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-20T14:14:46.7033333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-25T12:47:43.0666667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-05-02T11:52:45.57'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-06-01T14:58:30.6'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2082/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2082) of Paul McMurtry relative to municipal zoning powers in relation to the installation of solar energy systems. Municipalities and Regional Government.
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Section 3 of Chapter 40A of the General Laws is hereby amended by striking the following language:
"No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare."
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[]
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An Act authorizing the town of Hull to lease certain property and to extend leases on certain property to promote economic development and the more effective use of town property
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H2083
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HD1553
| 193
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{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:21:05.08'}
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[{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:21:05.08'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-08-23T16:37:39.5766667'}]
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-09T15:21:05.08'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2083/DocumentHistoryActions
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Bill
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By Representative Meschino of Hull and Senator O'Connor, a joint petition (accompanied by bill, House, No. 2083) of Joan Meschino and Patrick M. O'Connor (by vote of the town) relative to authorizing the town of Hull to lease certain property and to extend leases on certain property to promote economic development and the more effective use of town property. Municipalities and Regional Government. [Local Approval Received.]
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Section 1. For the purposes of promoting economic development within the Town of Hull and the more effective use of Town property, and subject to the provisions of subsections (a), (b), and (g) of section 16 of chapter 30B of the General Laws, the Select Board, notwithstanding the provisions of any general or special law to the contrary, is granted the authority to lease or extend leases or renew leases to current lessees or others or their successors and assigns, of Town property, located at 50 George Washington Boulevard, Assessor’s Parcel 37-006-A presently Bayside Marketing, Inc. (Jake’s); 48 George Washington Boulevard, Assessor’s Parcel 37-007 presently Steamboat Wharf Marina, Inc. (Nantasket Pier) and 245 Nantasket Avenue, Assessor’s Parcel 34-098-B presently Beach Food, Inc. (Mezzo Mare), their successors and assigns, up to the maximum allowed by law, and may thereafter be extended for consecutive terms up to the maximum allowed by law, who have made or will make improvements to any of said parcels of land or property, such as erecting buildings or improving existing structures, all subject to such terms and conditions that the Select Board shall deem in the best interests of the Town.
Section 2. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'H2083', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2083/Branches/House/Amendments/1/'}]
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An Act authorizing the town of Hull to issue pension obligation bonds or notes
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H2084
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HD1554
| 193
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{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:16:57.39'}
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[{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:16:57.39'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-08-23T16:37:19.57'}]
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-09T15:16:57.39'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2084/DocumentHistoryActions
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Bill
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By Representative Meschino of Hull and Senator O'Connor, a joint petition (accompanied by bill, House, No. 2084) of Joan Meschino and Patrick M. O'Connor (by vote of the town) relative to authorizing the town of Hull to issue pension obligation bonds or notes. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The town of Hull may issue bonds or notes from time to time for the purpose of funding the unfunded pension liability of the retirement system of the town. The proceeds for any such issuance, other than amounts necessary, in the judgment of the Select Board, to be maintained in a pension stabilization fund and to pay issuance costs and expenses, shall be transferred by the town to the retirement system. The term of any such bonds or notes shall not exceed 30 years from their date or dates of issuance and the amount of any such bonds or notes shall be outside the limit of indebtedness prescribed in section 10 of chapter 44 of the General Laws. No such bonds or notes shall be issued without, for each issuance, a 2/3 vote of the town meeting of the Town of Hull. Upon the authorization of the issuance of pension obligation bonds by the town meeting, the town shall submit the vote and a plan demonstrating how the town will finance and allocate the debt service associated with the bonds or notes to the executive office for administration and finance, and no bonds or notes authorized to be issued by this act shall be issued until the secretary for administration and finance has approved the plan and the issuance of such bonds or the provisions of said chapter 44. Pursuant to section 21C of chapter 59 of the General Laws, the Select Board of the Town of Hull may, by a 2/3 vote, seek voter approval at a regular or special election to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay principal and interest on such bonds or notes.
SECTION 2. The aggregate principal amount of the bonds or notes issued under this act shall not be greater than the amount sufficient to extinguish the unfunded pension liability of the retirement system of the town of Hull as determined in accordance with this section, plus an amount to fund a pension stabilization fund and to provide for issuance costs and other expenses necessary or incidental thereto. The retirement board of the town shall first determine the amount sufficient to extinguish the unfunded pension liability of the retirement system of the town in accordance with the report of a nationally recognized independent consulting firm, which may be the consulting actuary generally retained by the retirement board. Such report shall also set forth the present value savings to the town reasonably expected to be achieved as a result of the issuance of such bonds or notes and an allocation of the unfunded pension liability of the retirement system of the town among each governmental unit, the employees of which are members of the retirement system. A pension stabilization fund shall be established in accordance with section 5B of chapter 40 of the General Laws, and amounts held within any pension stabilization fund established in conjunction with the issuance of bonds or notes authorized to be issued pursuant to this act shall be held by the treasurer and invested in accordance with section 55 of chapter 44 of the General Laws.
SECTION 3. The maturities of the bonds or notes issued under this act shall be scheduled such that the annual combined payments of principal and interest for each issue shall be as nearly equal as practicable in the opinion of the Select Board; provided, however, that the maturities of such bonds or notes may be scheduled so as to provide for a more rapid amortization of principal, or in accordance with any other manner consistent with the town’s plan of finance submitted to and approved by the secretary for administration and finance, as the secretary for administration and finance shall approve.
SECTION 4. Every governmental unit, the employees of which are members of the retirement system of the town of Hull, shall be responsible, in accordance with this section, for paying such proportion of the annual debt service expense paid by the town for bonds issued under the authority of this act is equal to the proportion of the total unfunded pension liability of the retirement system allocated to such member under section 2. Notwithstanding any general or special law to the contrary, the public employee retirement administration commission shall increase the annual amount to be certified under section 22 of chapter 32 of the General Laws as the amount necessary to be paid by each governmental unit in the retirement system other than the town by each such governmental unit’s proportional share of the annual debt service expense as determined herein and shall decrease the amount to be paid by the town by an equal amount. The town shall have the same legal rights and authority as the retirement board of the town to collect any amount so assessed by the retirement board to any such governmental unit.
SECTION 5. Notwithstanding chapter 70 of the General Laws or any other general or special law to the contrary, the portion of the annual debt service paid by the town of Hull for bonds or notes issued under this act applicable to school department personnel who are members of the town’s retirement system shall be included in the computation of net school spending for the purposes of said chapter 70 or any other law.
SECTION 6. This act shall take effect upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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[]
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An Act relative to the sale of foreclosed residential property to certain cities and towns
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H2085
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HD2479
| 193
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{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-18T09:57:49.787'}
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[{'Id': None, 'Name': 'Fred Mills ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T09:57:49.7866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2085/DocumentHistoryActions
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Bill
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By Representative Mirra of Georgetown (by request), a petition (accompanied by bill, House, No. 2085) of Fred Mills relative to the sale of foreclosed residential property to certain cities and towns. Municipalities and Regional Government.
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SECTION 1. Subsection(f) of section 35A of chapter 244 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “banks”, in line 91, the following words:- and with the city or town clerk where the residential property is located, if the city or town has accepted section 35D.
SECTION 2. Said chapter 244 is hereby amended by inserting after section 35C the following section:-
Section 35D. (a) In a city or town which accepts this section, a creditor shall not cause publication of notice of a foreclosure sale, as required by section 14, upon certain mortgage loans unless it has first offered the city or town an opportunity to purchase the residential property, but no owner shall be under any obligation to enter into an agreement to sell such property to the city or town.
(b) The city or town may select a designee to act on its behalf as purchaser of the residential property and shall give the owner written notice of its selection. The city or town shall enter into a written agreement with its selected designee providing that the designee, and any of its successors or assigns, agree to restrict the residential property through an affordable housing restriction, as defined in section 31 of chapter 184. Once such an agreement is executed, the designee shall assume all rights and responsibilities attributable to the city or town as a prospective purchaser. At any time prior to a sale, the city or town may revoke its designation and assume the designee's rights and responsibilities, either in its own capacity or by selecting a new designee; provided, however, that no change in a designation shall operate to extend or alter any time periods for performance set forth in this section.
(c) The city or town may, within 90 days after it receives notice pursuant to subsection (f) of section 35A, submit an offer to the creditor to purchase the residential property. Failure by the city or town to submit a timely offer shall constitute an irrevocable waiver of the city or town's rights pursuant to this section and the creditor may publish a notice of a foreclosure sale. If the creditor accepts the city or town's initial or any revised offer, the creditor and the city or town shall enter into such other agreements as are necessary and appropriate to complete the sale. If the creditor and the city or town have not entered into an agreement to sell the property to the city or town within 90 days after receipt of the notice pursuant to subsection (f) of section 35A, the creditor may publish a notice of a foreclosure sale.
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An Act relative to associate members of planning boards
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H2086
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HD4012
| 193
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{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-20T16:04:50.28'}
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[{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-20T16:04:50.28'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2086/DocumentHistoryActions
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Bill
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By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 2086) of Lenny Mirra relative to associate members of planning boards. Municipalities and Regional Government.
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SECTION 1. Section 9 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the eleventh paragraph.
SECTION 2. Section 81A of chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
Zoning ordinances or by-laws may provide for associate members of a planning board. One associate member may be authorized when the planning board consists of five members, and two associate members may be authorized when the planning board consists of more than five members. A city or town which establishes the position of associate member shall determine the procedure for filling such position. If provision for filling the position of associate member has been made, in the case of absence, inability to act, conflict of interest on the part of any member of the planning board, or in the event of a vacancy on the board the chairman of the planning board may designate an associate member to sit on the board for the purposes of acting on any matter under its jurisdiction including but not limited to this chapter, chapter 40A or under its home rule powers.
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An Act relative to municipal publication of zoning by-law procedures
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H2087
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HD3640
| 193
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{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-19T15:12:11.42'}
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[{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-19T15:12:11.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2087/DocumentHistoryActions
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Bill
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By Representative Moran of Boston, a petition (accompanied by bill, House, No. 2087) of Michael J. Moran relative to procedures for publication of municipal zoning by-laws. Municipalities and Regional Government.
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SECTION 1. Section 32 of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word ‘‘town”, in line 36, the following words:- or posted for a period of no less than 14 days on the town’s municipal website.
SECTION 2. Said section 32 of said chapter 40, as so appearing, is hereby further amended by inserting after the word “newspapers,”, in line 43, the following words:- or posted for a period of no less than 14 days on the town’s municipal website.
SECTION 3. Section 5 of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting after the word “newspaper”, in line 140, the following words:- on a municipal website.
SECTION 4. Notwithstanding any general or special law to the contrary, prior to providing any notice required pursuant to section 32 of chapter 40 of the General Laws or section 5A of chapter 40A of the General Laws via the municipal website of the town, the selectboard or town council of the town shall vote to accept the provisions of this act authorizing notice via the municipal website. Upon acceptance by the town of the provisions of this act authorizing notice via the municipal website , the town clerk shall file with the Attorney General written notice of the town’s acceptance of the provisions of this act authorizing notice via the municipal website.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith procedures for publication of municipal zoning by-laws, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to Massachusetts Solar Access Law
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H2088
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HD243
| 193
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{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:45:43.81'}
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[{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:45:43.81'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-08T16:21:38.9266667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-06T10:03:09.3833333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-23T12:36:54.6'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-01T11:10:41.5966667'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-25T09:45:36.24'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-16T21:17:27.87'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2088/DocumentHistoryActions
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Bill
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By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 2088) of Mathew J. Muratore and others relative to zoning restrictions for solar systems. Municipalities and Regional Government.
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SECTION 1.Section 3 of Chapter 40A of the General Laws is hereby amended by inserting, after the words "or welfare." in line 101, the following:-
A damage to the above listed "public health, safety and welfare" shall be proven in the court of law by local authorities that seek to restrict the use of solar systems attached to permanent buildings.
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An Act establishing representative town meetings
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H2089
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HD820
| 193
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{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T13:38:00.42'}
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[{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T13:38:00.42'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T21:40:27.9733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2089/DocumentHistoryActions
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Bill
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By Representative Murray of Milford, a petition (accompanied by bill, House, No. 2089) of Brian W. Murray (by vote of the town) that the town of Milford be authorized to establish representative town meetings. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Section 3 of Chapter 271 of the Acts of 1933, as amended, is further amended by inserting in the first sentence of said Section 3 after the words “director of municipal finance,” the words “chairperson of the board of water commissioners”.
SECTION 2. This Act shall take effect upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[]
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An Act providing for diaper changing stations in public buildings and accommodations
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H209
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HD581
| 193
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-10T15:36:53.343'}
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[{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-10T15:36:53.3433333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-24T09:43:08.1'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-30T12:42:34.96'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-14T13:38:33.2533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T13:38:33.2533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T11:21:56.4366667'}]
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-12T11:43:38.317'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H209/DocumentHistoryActions
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Bill
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By Representatives Owens of Watertown and Cataldo of Concord, a petition (accompanied by bill, House, No. 209) of Steven Owens, Simon Cataldo and others for legislation to provide for diaper changing stations in public buildings and accommodations. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after section 100 the following section:-
Section 101. (a) All public buildings shall install and maintain at least one private or semi-private baby diaper changing station accessible to any caretaker regardless of their sex, gender, or disability. All places of public accommodation, resort or amusement, as defined in section 92A of chapter 272, that provide a public bathroom shall install and maintain at least one private or semi-private baby diaper changing station accessible to any caretaker regardless of their sex, gender, or disability.
(b) Signage indicating the location of any baby diaper changing station shall be posted at or near the entrance of a building or place of public accommodation and at or near any station. If there is a central directory identifying, for the benefit of the public, the location of offices, restrooms, and other facilities in the building or public accommodation, that central directory shall indicate the location of any baby diaper changing stations.
(c) This section applies to: (1) all public buildings; (2) public accommodations constructed on or after the effective date of this section; and (3) public accommodations existing on or after the effective date of this section which undergo substantial renovation or remodeling. This section shall not apply to public accommodations that are generally restricted in age to those of 13 years or more.
(d) The provisions of this section shall be implemented in compliance with local, state, and federal laws regarding access for persons with disabilities, and with existing fire, health, and safety standards.
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An Act to improve parking and pedestrian safety
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H2090
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HD906
| 193
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{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T15:13:58.943'}
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[{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T15:13:58.9433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2090/DocumentHistoryActions
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Bill
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By Representative Murray of Milford, a petition (accompanied by bill, House, No. 2090) of Brian W. Murray for legislation to improve parking and pedestrian safety. Municipalities and Regional Government.
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SECTION 1. Chapter 22 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-
Section 23. (a) In a city or town, where municipal on-street angle or perpendicular parking is provided adjacent to a commercial building, there shall be constructed safety appurtenances to: (i) separate parking spaces from the sidewalk or frontage area of the building, (ii) prevent a motor vehicle from erroneously moving onto the sidewalk or other frontage to said building where pedestrian activity is likely to occur, and (iii) prevent a motor vehicle from coming into contact with the building structure. For purposes of this section, the term commercial building shall mean the construction, reconstruction or substantial rehabilitation to enlarge or extend an existing building or structure so as to increase its gross floor area, which is intended for 1 or more of the following uses: (1) office, (2) retail business or service, (3) institutional or educational, or (4) hotel or motel; provided, that such construction, reconstruction or substantial rehabilitation shall exceed $1,000,000 in cost.
(b) The owner of a commercial building shall design any enclosed or off-street parking lots or facilities for commercial developments, districts or buildings in a way that maintains a safe walking distance between the denoted parking and the entryway to the building. The owner of a commercial building shall construct safety appurtenances to separate the parking spaces from the walkway and to prevent a motor vehicle from erroneously leaving the parking area and entering the walkway or colliding with the building.
(c) Safety appurtenances shall have the ability to physically stop a motor vehicle from breaching the pedestrian walkway or building frontage and structure. The safety appurtenances may be either a standard structural bollard, retaining wall, landscape planter or any other structural member or frame that will withstand the force of the motor vehicle and prevent it from crashing through to the pedestrian walkway or building frontage and structure.
(d) All safety appurtenances shall be constructed based on local zoning ordinances and bylaws so as to not reduce the sidewalk or the building frontage below the minimum width required for pedestrian accessibility under the architectural access board regulations, promulgated pursuant to section 13A of chapter 22. No municipality or agency shall approve a plan or grant a permit for a commercial development or district unless the plan and proposed development includes the safety appurtenances required pursuant to this section.
(e) The department may issue a waiver for buildings and developments for which unique circumstances make compliance with the requirements of this section an unreasonable burden. Developers shall submit requests in writing that include an explanation of the unique circumstances and information on alternative safety measures included in the project’s design that will protect against vehicle incursions on sidewalks or into buildings. The board shall maintain records of waiver requests and outcomes in a written and publicly-accessible form.
(f) The department shall promulgate rules and regulations relative to the construction, installation and maintenance of such safety appurtenances.
SECTION 2. Said Chapter 22, as so appearing, is hereby amended by adding the following section:-
Section 23A. There shall be a commission known as the Pedestrian Safety Design Advisory Group, referred to in this section as the commission. The commission shall investigate best practices for planning, design, installation, and maintenance of physical safety measures to improve the safety of parking lots and public spaces and shall develop recommendations for rules and regulations governing the installation of bollards, appurtenances, or other physical safety improvements designed to protect sidewalks and other public spaces from vehicle encroachment.
The commission shall consist of 15 members, 1 of whom shall be a member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the house of representatives to be appointed by the minority leader of the house; 1 of whom shall be a member of the senate appointed by the president of the senate; 1 member of the senate to be appointed by the senate minority leader; 1 of whom shall be the secretary of the executive office of public safety and security or a designee, who shall serve as chair; 1 of whom shall be the executive director of the architectural access board or a designee; 1 of whom shall be the executive director of the Massachusetts School Building Authority or a designee; 1 of whom shall be the secretary of the Department of Transportation or a designee; 1 of whom shall be a professional engineer appointed by the American Council of Engineering Companies of Massachusetts; 1 of whom shall be appointed by the Massachusetts Municipal Association; 1 of whom shall be appointed by appointed by NAIOP Massachusetts; 1 of whom shall be appointed by the Massachusetts chapter of the American Institute of Architects; 1 of whom shall be appointed by The Massachusetts Property Insurance Underwriting Association; 1 of whom shall be appointed by the Associated General Contractors of Massachusetts; and 1 of whom shall be appointed by the New England chapter of the American Public Works Association.
The commission shall submit a report with recommendations for best practices and any draft rules and regulations to the Executive Office of Public Safety and the chairs of the Joint Committee on Transportation by December 31, 2021.
SECTION 3. Section 1 of Chapter 90I of the General Laws, as so appearing, is hereby amended by striking the words “and (v)” and inserting in place thereof the following:-
“ (v) ensure that eligible projects comply with the requirements of section 101 of chapter 143 and any additional rules or regulations promulgated by the department; and (vi)”
SECTION 4. Chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 230. (a) An insurer may consider the installation of safety appurtenances that comply with section 101 of chapter 143 to protect persons located within, or in or on the property of, buildings, or to protect pedestrians, from collisions into those buildings by motor vehicles, on a commercial property parking lot as a safety measure and may provide or offer a discount on the property owner's insurance covering damage or loss to the covered commercial property, or liability arising out of the ownership, maintenance, or use of the commercial property relative to the reduced risk to the property as a result of installation of the appurtenances.
(b) The commissioner may promulgate rules and regulations to implement the requirements of this section.
SECTION 5. Sections 1, 3, and 4 of this act shall go into effect on July 1, 2022.
SECTION 6. Safety appurtenances required pursuant to this act shall only be required for commercial building permitted after the effective date of this act.
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An Act providing for municipal meeting postponement due to inclement weather
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H2091
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HD630
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T19:34:16.823'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T19:34:16.8233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2091/DocumentHistoryActions
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Bill
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By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 2091) of Tram T. Nguyen relative to providing for municipal meeting postponement due to inclement weather. Municipalities and Regional Government.
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Chapter 41 of the General Laws is hereby amended by adding the following section:-
Section 134. (a) In a city or town choosing to accept the provisions of this section pursuant to the procedure set forth in section 4 of chapter 4, the chair of any municipal board including, but not limited to, a planning board established pursuant to section 81A or a board of appeals established pursuant to section 81Z, may determine that a public hearing of the board may be postponed because of a weather-related emergency. The chair of the municipal board shall consult with local public safety officials and then, upon the chair of the municipal board’s own declaration, the chair of the municipal board shall recess and continue the public hearing to a time, date and place certain. If due to the weather-related emergency, a new public hearing time and place may be required but cannot then be identified, the chair of the municipal board may recess and continue the public hearing and shall within 3 days of the declaration of recess and continuance select a public hearing time and place and the chair of the municipal board shall declare the meeting location. If due to the weather-related emergency no suitable municipal facility is available for a public hearing, the chair of the municipal board may move the public hearing to a suitable place in a contiguous municipality.
The chair of the municipal board need not appear at the place of the public hearing to announce the declaration of recess and continuance. The chair of the municipal board shall announce the declaration of recess and continuance as far in advance of the public hearing being continued as practicable.
(b) A notice of the declaration of recess and continuance shall be prepared by the chair of the municipal board and printed in a legible, easily understandable format and shall contain the date, time and place of the continued meeting, state the reason for the declaration and identify the date and time that the chair of the municipal board announced the recess and continuance. If the chair of the municipal board does not identify the location of the continued meeting in the notice, within 3 days of the announcement of the declaration of recess and continuance the chair of the municipal board shall issue an amended notice that identifies the public hearing time and place. Notice shall be filed with the municipal clerk as soon as practicable and then posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located. One copy of the notice of declaration of recess and continuance or the amended notice shall be posted at the main entrance of the place of the public hearing as soon as is practicable. In addition, the chair of the municipal board may use any electronic, broadcast or print media convenient to circulate the notice of recess and continuance and any amended notice. Those municipalities that have a municipal website shall post a copy of the notice of declaration of recess and continuance or amended notice on the municipal website as soon as practicable.
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An Act to amend the charter of the town of Middleborough
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H2092
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HD2866
| 193
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{'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-19T17:16:04.463'}
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[{'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-19T17:16:04.4633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2092/DocumentHistoryActions
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Bill
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By Representative Orrall of Lakeville, a petition (accompanied by bill, House, No. 2092) of Norman J. Orrall (by vote of the town) for legislation to amend the charter of the town of Middleborough. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The first sentence of section 3A of chapter 592 of the acts of 1920, as appearing in section 2 of chapter 3 of the acts of 1982, is hereby amended by inserting after the word “board” the following words:-, currently known as Middleborough gas and electric board of commissioners.
SECTION 2. The fourth sentence of said section 3A of said chapter 592, as so appearing, is hereby amended by inserting after the word “board” the following words:-, currently known as Middleborough gas and electric board of commissioners.
SECTION 3. Subsection (c) of section 17 of said chapter 592 is hereby amended by striking out the word “in” and inserting in place thereof the following word:- on.
SECTION 4. The first sentence of subsection (m) of section 19 of said chapter 592, as appearing in chapter 425 of the acts of 2010, is hereby amended by inserting after the word “board”, the second time it appears, the following words:- , currently known as Middleborough gas and electric board of commissioners.
SECTION 5. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[]
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An Act increasing the number of members for the select board of the town of Lakeville
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H2093
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HD3116
| 193
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{'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-12T15:01:25.297'}
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[{'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-12T15:01:25.2966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2093/DocumentHistoryActions
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Bill
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By Representative Orrall of Lakeville, a petition (accompanied by bill, House, No. 2093) of Norman J. Orrall (by vote of the town) relative to increasing the number of members for the select board of the town of Lakeville. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, the number of members on the town of Lakeville select board shall be increased from 3 members to 5 members. The select board shall annually elect a chairperson from among its members.
SECTION 2. At the first ballot election to occur following the effective date of this act, 3 select board members shall be elected. The candidate receiving the highest number of votes in that election shall serve a 3-year term. The candidate receiving the second highest number of votes shall serve a 2-year term. The candidate receiving the third highest number of votes shall serve a 1 year term. Thereafter, as the terms of select board members expire, successors shall be elected for terms of 3 years.
SECTION 3. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'H2093', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2093/Branches/House/Amendments/1/'}]
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An Act to update the public shade tree law
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H2094
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HD969
| 193
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-10T16:16:29.567'}
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[{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-10T16:16:29.5666667'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-19T11:20:41.2966667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-22T15:50:59.03'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-27T17:25:08.7433333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T18:44:31.1733333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:15:42.8633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T10:14:56.1866667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-05T15:24:16.7'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-10T10:21:07.8233333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-23T13:26:46.76'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2094/DocumentHistoryActions
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Bill
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By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 2094) of Steven Owens and others for legislation to regulate the powers of tree wardens in municipalities in the Commonwealth. Municipalities and Regional Government.
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SECTION 1. Chapter 87 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. The tree warden of a town or city may appoint and remove deputy tree wardens. The tree warden and the deputy tree wardens shall receive such compensation as the town or city determines. The tree warden shall have the care and control of all public shade trees, shrubs and growths in the town or city, except those in public parks or open places under the jurisdiction of the park commissioners, unless otherwise designated in writing by the park commissioners, and shall enforce all the provisions of law for the preservation of such trees, shrubs and growths. The tree warden shall expend all money appropriated for the setting out and maintenance of such trees, shrubs and growths. No tree shall be planted within a public way without the approval of the tree warden. The tree warden may propose regulations for the care and preservation of public shade trees to be approved by the local governing body of a town or city selectmen, which shall have the effect of town by-laws, and may establish fines and forfeitures for violations thereof pursuant to rules and regulations promulgated under section 15.
SECTION 2. Said chapter 87, as so appearing, is hereby further amended by striking out section 5 and inserting in place thereof the following section:-
Section 5. Tree wardens and deputy tree wardens, but no other person, may, without a hearing, trim, cut down or remove trees, less than 4 inches in diameter 1 foot from the ground, and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road commissioners or highway surveyor, shall trim or cut down trees and bushes that, following an inspection based on accepted industry or government arboricultural standards for the determination of hazardous or dangerous trees, are deemed to obstruct, endanger, hinder or incommode persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section 18 of chapter 85. Nothing in this chapter shall prevent the trimming, cutting or removal of any tree which endangers persons traveling on a highway or poses an imminent threat to persons or property by the proper state or municipal authority. In all other instances, the person seeking to trim, cut or remove a tree from the public way shall consult with the tree warden. Nothing herein shall interfere with the suppression of pests declared to be public nuisances pursuant to section 11 of chapter 132, including the Dutch elm disease.
SECTION 3. Said chapter 87, as so appearing, is hereby further amended by striking out section 6 and inserting in place thereof the following section:-
Section 6. A violation of the provisions in sections 3 to 5, inclusive, shall be punished by forfeiture of not more than the assessed value of the tree or trees pursuant to rules and regulations promulgated under section 15. Such monies shall be collected for use by the city or town.
SECTION 4. Section 9 of said chapter 87, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Whoever affixes to a tree in a public way, or places a notice, sign, advertisement or other thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose of protecting it or the public and under a written permit from the officer having the charge of such trees in a city or from the tree warden in a town, or from the department in the case of a state highway, shall be punished by a fine pursuant to rules and regulations promulgated under section 15.
SECTION 5. Section 12 of said chapter 87, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Whoever wantonly injures, defaces or destroys a shrub, plant or tree, or fixture of ornament or utility, in a public way or place or in any public enclosure, or negligently or wilfully suffers an animal or vehicle driven by or for him or belonging to him to injure, deface or destroy such shrub, plant, tree or fixture, shall be punished by a fine of not more than 500 dollars, and shall be liable to the town, city or any person for all damages relating to their interest in the shrub, plant, tree or fixture caused by such act.
SECTION 6. Section 13 of said chapter 87, as so appearing, is hereby amended by inserting at the end thereof the following sentence:-
In accordance with section 106 of chapter 41, the tree warden in any city or town which exceeds 10,000 residents shall be qualified by training and experience in the field of arboriculture and licensed with the department of agricultural resources in accordance with the provisions of section 10 of chapter 132B. A qualified tree warden shall be defined as a person who has completed a degree in a forestry or natural resource management field, has attained certification from the International Society of Arboriculture or through the Massachusetts Certified Arborist Program of the Massachusetts Arborists Association or other equivalent professional certification or, for communities with less than 10,000 residents, completed a series of Professional Development courses offered by the Massachusetts Tree Wardens and Foresters Association or equivalent training.
SECTION 7. Chapter 87 of the General Laws is hereby amended by inserting after section 14 the following section:-
Section 15. The department of conservation and recreation shall promulgate rules and regulations pertaining to this chapter.
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An Act relative to wastewater in the town of Provincetown
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H2095
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HD1525
| 193
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-12T12:15:29.363'}
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[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-12T12:15:29.3633333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-06-21T15:05:23.6433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2095/DocumentHistoryActions
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Bill
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By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 2095) of Sarah K. Peake (by vote of the town) that the town of Provincetown be authorized to use the Manuel V. Motta Athletic Fields for incidental wastewater treatment and disposal purposes. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding the provisions of chapter 270 of the acts of 1953 or any other general or special law to the contrary and article 97 of the amendments to the Massachusetts constitution, and the restriction in the deed recorded with the Barnstable registry of deeds in book 843, page 128, the town of Provincetown is hereby authorized to use the Manuel V. Motta Athletic Fields, described more particularly in section 2 and dedicated to playground purposes, for incidental wastewater treatment and disposal purposes, including the installation of subsurface disposal beds, provided that at the completion of said installation, said Manuel V. Motta Athletic Fields shall be restored to and continue to be dedicated to and used for playground and recreational purposes in perpetuity.
SECTION 2. The Manuel V. Motta Athletic Fields are identified by the Provincetown assessor’s as parcel 8-2-23-0 and described in deeds recorded with the Barnstable registry of deeds in book 842, page 129; book 617, page 257; book 1010, page 152; and book 531, page 45.
SECTION 3. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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[]
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An Act relative to wastewater treatment and disposal in the town of Provincetown
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H2096
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HD1526
| 193
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-12T12:09:07.167'}
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[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-12T12:09:07.1666667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-06-20T15:15:23.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2096/DocumentHistoryActions
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Bill
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By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 2096) of Sarah K. Peake (by vote of the town) relative to wastewater treatment and disposal in the town of Provincetown. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The town of Provincetown is hereby authorized to extend its sewer system to allow for new connections and expanded treatment capacity and to make assessments on properties benefited by such expansion pursuant to chapters 80 and 83 of the General Laws.
SECTION 2. The town may make equitable adjustments to the annual charges established pursuant to section 16 of said chapter 83 for the use of common sewers by owners of land who connect to the town’s sewer system for the purpose of ensuring an equitable distribution of the total sewer system costs, including assessments and sewer use charges.
SECTION 3. Chapter 157 of the acts of 2000 is hereby repealed.
SECTION 4. This act shall take effect upon passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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[]
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An Act relative to establishing the Eastham community fund in the town of Eastham
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H2097
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HD1528
| 193
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:23:17.887'}
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[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:23:17.8866667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-06-20T15:15:19.6066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2097/DocumentHistoryActions
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Bill
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By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 2097) of Sarah K. Peake (by vote of the town) that the town of Eastham be authorized to establish the Eastham community fund for the purposes of providing human service support, emergency financial assistance, and for the general well-being of its residents. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The town of Eastham is hereby authorized to establish a fund known as the Eastham Community Fund (the Fund) for the purposes of providing human service support, emergency financial assistance, and for the general well-being of its residents; and, for the beautification and general support of programs and projects benefiting the community. Such fund will operate consistent with the provisions of MGL Chapter 44, Section 53A concerning the acceptance and expenditure of grants and gifts; and provide the ability for the town to appropriate monies to the Fund as authorized by town meeting.
SECTION 2. Any costs incurred under the provisions of this section may be funded by an appropriation to the fund as duly authorized by town meeting, gifts, or grants that have been provided to the Fund. Any such appropriation by the town to the fund shall not be included for the purpose of computation of the levy otherwise imposed upon the town by the general laws. Expenditure from the Fund may be made without further appropriation.
SECTION 3. The Board of Selectmen shall appoint a committee known as the Eastham Community Fund Committee consisting of up to seven (7) members, to establish the policies and programs of the Eastham Community fund, as approved by the Board of Selectmen. The Committee shall make grants to individuals and community organizations consistent with the policies and programs approved by the Board of Selectmen from time to time.
SECTION 4. The Board of Selectmen may enact regulations to carry out the Fund’s programs as it determines necessary that are within the general scope and intent of the Act.
SECTION 5. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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[]
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An Act relative to access to local journalism
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H2098
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HD3383
| 193
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{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T11:24:49.157'}
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[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T11:24:49.1566667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T15:38:09.6466667'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-03-08T09:59:13.69'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2098/DocumentHistoryActions
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Bill
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By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 2098) of Alice Hanlon Peisch, Carmine Lawrence Gentile and Kenneth I. Gordon relative to legal notices required to be published in newspapers by cities and towns. Municipalities and Regional Government.
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Section 13 of chapter 4 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-
(e) A municipality required by a statute, ordinance, by-law or judicial order to publish a legal notice in a newspaper or newspaper of general circulation may also publish the legal notice on a community news website. For purposes of this paragraph, “community news website” shall mean a website substantially all of which is dedicated to local news coverage for the relevant municipality and surrounding municipalities that receives an average of not less than 1,500 unique visits per month. This requirement shall not apply to a municipality for which a community news website does not exist. Furthermore, this requirement shall not apply to a municipality in which a local newspaper operates with over fifty percent of residents subscribing to said local newspaper.
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An Act providing for the establishment of sustainable water resource funds
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H2099
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HD933
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:48:46.033'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:48:46.0333333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T16:46:56.4733333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-24T17:00:40.2133333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-24T17:00:40.2133333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-18T13:14:27.4766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2099/DocumentHistoryActions
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2099) of Edward R. Philips and others relative to the establishment of sustainable water resource funds. Municipalities and Regional Government.
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SECTION 1. Chapter 40 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 39M the following new section:-
Section 39N. (a) Notwithstanding any general or special law to the contrary, a city, town, water district, wastewater district, stormwater utility or statutory authority created to operate a water distribution or wastewater collection system or stormwater system which accepts this section may collect a reasonable fee to be used exclusively for measures to remedy and offset the impacts on the natural environment of new and/or increased water withdrawals, sewering, wastewater discharges, stormwater discharges or impairment of recharge of groundwater through depletion of ground or surface waters, and to sustain the quantity, quality and ecological health, of waters of the commonwealth. Such measures to remedy and offset these impacts include without limitation, local recharge of stormwater and wastewater; redundant water sources; reductions in loss from drinking water systems, treatment of drinking water or interconnections with other systems for the purposes of optimizing water supply sources for environmental benefit; expansion of stormwater treatment and wastewater treatment systems; reuse of water; removal of sewer infiltration and inflow; water conservation; retrofits of existing buildings and parking lots with low impact development methods; removal of dams; improvements to aquatic habitat; development of integrated water resources management plans, studies and planning to mitigate environmental impacts; and, land acquisition for the protection of public water supply sources, siting of decentralized wastewater facilities, stormwater recharge sites or for riparian habitat. The fee, which may be based on retaining within the basin or saving at least one gallon, but no more than ten gallons, for every gallon of increased water or sewer demand, or net impairment of recharge shall be assessed in a fair and equitable manner and separate fees may be established for different types of uses, such as residential and commercial uses.
(b) When adopting this section, the city, town, district or statutory authority shall designate the board, commission, or official responsible for assessing, collecting, and expending such fee. Fees assessed pursuant to this section shall be deposited by the designated board, commission, or official in separate accounts classified as "Sustainable Water Resource Funds" for drinking water, wastewater or stormwater. The principal and interest thereon shall be expended at the direction of the designated board, commission, or official without further appropriation. These Funds shall not be used for any purpose not provided in this section. These Funds may also receive monies from public and private sources as gifts, grants, and donations to further water conservation, water return or water loss prevention; from the federal government as reimbursements, grants-in-aid or other receipts on account of water infrastructure improvements; or fines, penalties or supplemental environmental projects. Any interest earned from whatever source shall be credited to and become part of said Fund.
(c) A city, town, district, or authority that has accepted this section may in the same manner revoke its acceptance. Monies remaining in the fund shall be expended in a manner consistent with this section.
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An Act relative to domestic relations orders
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H21
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HD21
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{'Id': None, 'Name': "Massachusetts Teachers' Retirement System", 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-07T16:35:37.827'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H21/DocumentHistoryActions
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Bill
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So much of the recommendations of the Teachers' Retirement System (House, No. 16) as relates to relative to domestic relations orders. Public Service.
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SECTION 1: Section 19 of Chapter 32 is hereby amended by adding the following sentence at the end of the second paragraph: “Such assignments shall be in form as prescribed by the retirement board.”
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An Act relative to the use of electronic benefit transfer cards with regard to online grocery delivery services
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H210
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HD914
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:46:57.683'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:46:57.6833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H210/DocumentHistoryActions
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 210) of Edward R. Philips for legislation to authorize the use of electronic benefit transfer cards for online grocery delivery services. Children, Families and Persons with Disabilities.
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SECTION 1. Section 2 of Chapter 18 of the General Laws is hereby amended by inserting after Section 2 part (D) the following:-
(E) (a) For the purposes of this section, the following words shall have the following meanings:-
“Online Grocery Delivery Service”, a brick-and-mortar supermarket or grocery store that allows online ordering, or a standalone e-commerce service that includes grocery items.
(b) The department shall promulgate rules and regulations to implement the use of the electronic benefit transfer card for online grocery delivery services.
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An Act creating the offices of select board and town manager in the town of Sandisfield
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H2100
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HD755
| 193
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-12T14:16:43.223'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-12T14:16:43.2233333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-17T12:13:11.4833333'}]
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-12T14:16:43.223'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2100/DocumentHistoryActions
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Bill
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By Representative Pignatelli of Lenox and Senator Mark, a joint petition (accompanied by bill, House, No. 2100) of Smitty Pignatelli and Paul W. Mark (by vote of the town) that the town of Sandisfield be authorized to create the offices of select board and town manager in said town. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary there shall be in the Town of Sandisfield a select board consisting of 3 members elected for terms of 3 years each, so arranged that one term of office shall expire each year. Vacancies in the office of select board shall be filled by a special or regular election in accordance with the provisions of the General Laws. Except as specifically provided by this act, the select board shall have all of the executive powers given to boards of selectmen by the General Laws.
The select board shall have, but not be limited to, the following executive powers:
A. Serve as the chief policy making body of the town;
B. Authority to enter into intergovernmental or public or private agreements consistent with law on such terms as it deems beneficial to the residents of the Town;
C. Be responsible for the formulation and promulgation of policy directives and guidelines to be followed by all town agencies serving under it, and in conjunction with other elected town officers and multiple member bodies to develop and promulgate policy guidelines designed to bring the operation of all town agencies into harmony; provided, however, that nothing in this section shall be construed to authorize any member of the select board or a majority of such members, to become involved in the day-to-day administration of any town agency. It is the intention of this provision that the select board shall act only through the adoption of broad policy guidelines, which are to be implemented by officers and employees serving under it;
D. Cause the by-laws, rules, and regulations for the government of the town to be enforced and shall cause an up-to-date record of all its official acts to be kept;
E. Appoint the town manager and town counsel, and approve the hire of the town audit firm, which shall be chosen by the town manager;
F. Be the licensing board of the town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach such conditions and restrictions thereto as it deems to be in the public interest. The select board shall enforce the laws relating to all businesses for which it issues such licenses. The select board under this provision may delegate or reorganize any local licensing authority or process notwithstanding any general laws relating to local governance to the contrary;
G. Be responsible for providing timely audits as required by law. The audits shall be made by a certified public accountant, or firm of such accountants, who have no personal interests, direct or indirect, in the fiscal affairs of the town government of the town of Sandisfield or any of its officers; and
H. In consultation with the town manager, develop a personal system to include, but not be limited to, classifications and pay schedules, benefit programs, personnel and hiring policies and practices, and regulations for town employees.
SECTION 2. Notwithstanding the provisions of G.L. c.40, §23A or any other general or special law to the contrary, there shall be in the Town of Sandisfield a town manager appointed by the select board, who shall serve at the pleasure of the board. The town manager shall be especially fitted by education, training, and experience in public or business administration to perform the duties of the office. The select board may enter into a contract with the town manager for salary, fringe benefits, and other conditions of employment, including but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performances of duties or office, liability insurance, and leave, and receive such compensation as the select board shall determine within the amount appropriated therefor by the Town.
Any vacancy in the office of town manager shall be filled by the select board with all due haste. Until an appointment is made, the select board shall appoint a suitable person, including but not limited to an employee of the Town, to perform the duties of the office which shall be known as the temporary town manager. In the event of the temporary absence or disability of the town manager lasting more than 5 consecutive work days, the select board may designate a qualified person to serve as acting town manager during such temporary absence or disability.
The town manager shall have the following duties and responsibilities:
A. Be the chief administrative officer of the Town, shall act as the agent for the select board and shall be responsible to the select board for the proper operation of Town affairs for which the town manager is given responsibility under this bylaw;
B. Under the authority of the select board, supervise, direct and be responsible for the efficient administration of all officers appointed by the town manager and their respective departments and of all other functions for which the town manager is given responsibility, authority or control by act, by-law, Town meeting vote or vote of the select board;
C. The town manager shall have the power to delegate, authorize or direct any subordinate or employee of the Town to exercise any power, duty or responsibility which the office of town manager is authorized to exercise under this bylaw. All actions that are performed under such delegation shall be deemed to be the actions of the town manager.
D. The town manager shall be authorized to act with regard to hiring and firing as follows::
1) Appoint and remove all non-elected department heads, in compliance with section (D)(2) paragraph, and approve the appointment and removal of all other town employees;
2) Consult with the appropriate elected or appointed board, commission, committee or official and the select board prior to making department head appointments or removals. Prior to finalizing a department head appointment, the town manager shall provide notice to the select board of the anticipated appointment and the terms and conditions of employment for the appointment. The select board shall approve or disapprove the appointment and the terms and conditions of employment within 14 days of notice to the select board. A failure of the select board to act in this 14 day period shall be considered approval
3) Adjust the terms and conditions of employment of department heads or the termination or removal of department heads subject to the same notice and approval requirements set forth in section (D)(2);
4) Appointments under this section shall be based on merit and fitness alone; and
5) Be responsible for posting on the town bulletin board and website notices of job opportunities.
E. The town manager shall have personnel management responsibilities as follows:
1) Administer personnel policies and any related matters for all municipal employees, by adopting appropriate practices, rules or regulations and to administer all collective bargaining agreements entered into by the Town; and
2) Negotiate, subject to the approval of the select board, all contracts with Town employees over wages and other terms and conditions of employment. The town manager may, subject to the approval of the select board, employ special counsel to assist in the performance of these duties.
F. The town manager shall have financial management responsibilities as follows:
1) Prepare and present an annual operating budget for the Town and present a capital improvement plan for the five (5) fiscal years next ensuing;
2) Be the chief procurement officer for the Town and award and execute contracts in accordance with and subject to the provisions of Chapter 30B ofMGL, and to appoint such assistant procurement officers as provided in Chapter 30B ofMGL;
3) Inspect and submit warrants for payment to the select board;
4) Approve the award of all contracts for all Town departments and committees;
5) Keep the select board and the finance committee fully informed as to the financial condition of the Town and to make recommendations to the select board and to other elected and appointed officials as the town manager deems necessary or expedient; and
6) Ensure that complete and full records of the financial and administrative activity of the Town are maintained and render reports to the select board as may be required, but not less than annually.
G. The town manager shall have the following administrative responsibilities :
1) Attend all regular and special meetings of the select board, unless excused;
2) Attend all sessions of the Town meeting and answer all questions addressed to the town manager which are related to the warrant articles and to matters under the general supervision of the town manager;
3) Administer either directly or through a person or persons supervised by the town manager, in accordance with this bylaw, provisions of general or special laws, bylaws and other votes of the Town meeting;
4) Investigate or inquire into the affairs of any Town department or office under the supervision of the town manager;
5) Coordinate activities of all Town departments, officers, boards or commissions of the Town;
6) Keep the select board fully informed as to the needs of the Town requiring action by the Town or as the town manager deems necessary or expedient;
7) Develop and maintain a full and complete inventory of all Town-owned real and personal property; and
8) Perform such other duties as necessary or as may be assigned by this by-law, Town meeting vote, act or vote of the select board.
SECTION 3. This act shall take effect upon its passage.
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[{'Action': 'Favorable with Changes', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'H2100', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2100/Branches/House/Amendments/1/'}]
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An Act relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or pyrotechnics in the city of Springfield
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H2101
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HD333
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-11T16:37:22.58'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-11T16:37:22.58'}]
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Bill
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 2101) of Angelo J. Puppolo, Jr. (with the approval of the mayor and city council) relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or pyrotechnics in the city of Springfield. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, in the city of Springfield if an outstanding fine, fee, penalty or cost related to or assessed as a result of the violation of any ordinance of the City of Springfield relative to the use or possession of fireworks or pyrotechnics, collectively referred to hereafter as "outstanding fireworks related collections owed", remains paid for fourteen (14) days after a demand therefor made more than 1 day after the outstanding fireworks related collections owed becomes due and payable, and if the tax collector of the city of Springfield elects to utilize the services of a deputy collector, then the deputy collector or the tax collector, as the case may be, shall send a notice of warrant to person owing the outstanding fireworks related collection in order to collect the delinquency. In the event that the delinquency is not paid within thirty (30) days to the notice of warrant, then a service warrant shall be made. If the delinquency remains unpaid after the service of warrant then the deputy collector may, at the discretion of the tax collector, return the uncollected warrants of those delinquencies to the tax collector. The tax collector or a designee, as the case may be, may at any time transmit, but at least on an annual basis, to the police commissioner of the police department of the city of Springfield, in a form approved by the police commissioner, notice of the nonpayment, specifying the name and address of the person to whom the delinquency is assessed, the amount due and all interest thereon and costs relative thereto and identifying information as to any motor vehicle(s) or, trailer(s) owned in the name of the person owing the outstanding fireworks related collection assessed and remaining delinquent, which was used in the course of the underlying Ordinance violation resulting in the fine, fee, penalty or cost at issue; provided, however, that no notice shall be transmitted to the police commissioner under this section at a time when there is a pending appeal of an underlying outstanding fireworks or pyrotechnics fine, fee, penalty or cost as the case may be.
Upon receipt of the notice of non-payment, the Springfield police department, or its designee, may remove said motor vehicle(s) or trailer(s) in the name of the of the person so assessed that is parked or standing in a public way within the city of Springfield to, and store in, a convenient place in the city until all charges lawfully imposed for the removal and storage have been paid and due notice has been received that either the delinquency provided in the warrants has been paid or security for the payment thereof has been deposited. Notice shall be made to the registered owner of the vehicle at the time of the service of warrant. Vehicles shall be eligible for impoundment twenty-two (22) days after the notice.
Under section 8 of chapter 135 of the General Laws, if the motor vehicle or trailer remains unclaimed in the possession of the police department of the city of Springfield, or its designee, for 1 month and the owner thereof or the owner's place of abode or business is unknown, or if the owner and the owner's place of abode or business are known and the owner, after receipt by registered mail of a written notice from the department or member to take possession of the property, refuses or fails to take possession for a period of 10 days following the receipt, the police department or its designee may sell the same, by public auction or any other licensed auction service, including sale over the internet, with notice of the time and place of sale and a description of the property to be sold, first being given by publishing the same once in each of three (3) successive weeks in a newspaper published in the city of Springfield.
SECTION 2. This act shall take effect upon its passage.
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An Act enhancing the issuance of citations for cruel conditions for animals
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H2102
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HD2139
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-19T10:53:38.507'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-19T10:53:38.5066667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-23T13:36:20.23'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-13T12:20:12.78'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-05-01T16:24:06.2066667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-03T13:12:07.26'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-07T13:34:15.7833333'}]
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Bill
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 2102) of Angelo J. Puppolo, Jr., and others relative to enhancing the issuance of citations for cruel conditions for animals. Municipalities and Regional Government.
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SECTION 1. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by striking subsection (g) and inserting in place thereof the following subsection:-
(g) No person owning or keeping a domestic animal shall subject the animal to “cruel conditions.”
For the purposes of this section, a “domestic animal” is all animals, regardless of their purpose or use, including livestock, that are kept as a domestic animal.
For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the following:
(1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious odors that create a health threat to people or animals, dangerous objects or other animals that could injure or kill an animal upon contact, other circumstances that could cause harm to the health or safety of the animal based on species, age or physical condition; or failure to provide access to appropriate food and water based on the animal’s species, age and physical condition.
(2) lack of protection when wind or environmental or weather conditions pose an adverse risk to the health or safety of the animal based on the animal’s species, age, or physical condition.
SECTION 2. Subsection (h) of section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting at the beginning thereof the following:-
A person who violates this section shall: (i) for a first offense, be issued a written warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of not more than $500; provided, however, that for a third or subsequent offense, the animal may be subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or guardian's expense pending compliance with this section, or loss of ownership of the animal.
SECTION 3. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 100, after the word “special” the following word:- state
SECTION 4. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by striking, in line 102, the word “and” and inserting in place thereof the following:- or
SECTION 5. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting the following subsection:-
(j) Nothing in this section shall preclude prosecution under section 77 of chapter 272.
SECTION 6. Section 35WW of chapter 10 of the General Laws, as so appearing, is hereby amended by inserting after the figure “62”, in line 17, the following words:- , fines collected pursuant to section 37 of chapter 129.
SECTION 7. Section 37 of said chapter 129, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- A fine assessed under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
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An Act enabling cities and towns to stabilize rents and protect tenants
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H2103
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HD3953
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T13:31:48.973'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T13:31:48.9733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-20T15:38:52.6966667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-10T13:49:13.9233333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-09T13:31:34.51'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T11:50:37.61'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-27T13:12:47.19'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T17:48:19.7166667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-29T16:04:30.6666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:00:18.2533333'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-09T20:00:11.23'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-08-01T10:54:47.9166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-24T13:17:02.9633333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:09:11.3133333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:48:44.11'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-09T12:56:48.6166667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-14T13:12:38.0033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:00:09.9633333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-01T11:15:14.6466667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T09:50:49.08'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T22:59:30.29'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T10:25:51.07'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T12:54:30.8833333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-07T09:17:17.24'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-07T15:26:05.1333333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-27T18:52:29.9066667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-26T14:00:20.4366667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-26T16:18:07.3433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-01T13:39:46.9433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:19:22.1433333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:23:15.6133333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T11:51:29.35'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-24T18:57:18.2966667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-22T05:52:02.04'}]
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{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-20T15:38:50.117'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2103/DocumentHistoryActions
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Bill
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By Representatives Rogers of Cambridge and Montaño of Boston, a petition (accompanied by bill, House, No. 2103) of David M. Rogers, Samantha Montaño and others relative to enabling cities and towns to stabilize rents and protect tenants. Municipalities and Regional Government.
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SECTION 1. Chapter 40P of the General Laws, as appearing in the 2020 Official Edition, is repealed.
SECTION 2. The General Laws are hereby amended by inserting after chapter 49A the following chapter:-
CHAPTER 49B
LIMITATION OF ANNUAL RENT INCREASES AND NO FAULT EVICTIONS
Section 1. A city or town may accept this chapter in its entirety in the manner provided in section 4 of chapter 4 of the General Laws. The acceptance of this local option by a municipality shall take effect no later than 180 days after adoption. A municipality that accepts this section shall adopt an ordinance or bylaw which effectuates the provisions of this chapter no later than 180 days after acceptance.
Section 2. A city or town accepting this chapter may, by local charter provision, ordinance, by-law, majority vote of its governing body or through a local binding ballot measure impose a limit on the size of annual rent increases and require that evictions be based on defined just cause reasons, for certain dwelling units within the municipality.
Section 3. Exemptions. (a) For the purposes of this chapter, covered dwelling units shall not include:
(i) Dwelling units in owner-occupied buildings with four or fewer units.
(ii) Dwelling units whose rent is subject to regulation by a public authority. Occupancy by a tenant with a mobile housing voucher does not exempt an otherwise covered dwelling unit.
(iii) College or university dormitories where group sleeping accommodations are provided in one room, or in a series of closely associated rooms.
(iv) Facilities for the residential care of the elderly.
(v) Dwelling units for which the first residential certificate of occupancy was issued on or after January 1, 2020 shall be exempt for a period of 5 years from the date at which such certificate of occupancy was issued.
(b) Where dwelling units are exempt, a notice of exemption must be provided with the lease for all tenancies. If there is no written lease for such dwelling units, the tenants-at-will must be provided with a written notice of exemption.
Section 4. (a) The limit on any annual rent increase for a covered dwelling unit as defined in Section 3(a) shall not exceed the annual change in the Consumer Price Index for the applicable area or 5 per cent, whichever is lower.
(b) For purposes of this chapter, the rent amount in place 12 months prior to the date of adoption shall serve as the base rent upon which any annual rent increase shall be applied. If the dwelling unit is currently vacant, the last rent amount charged shall serve as the base rent. If there was no previous rent amount, or if no rent has been charged for at least the previous five years, for a dwelling unit not exempted under Section 3(a) the rent amount the owner first charges shall serve as the base rent.
Section 5. Cities and towns adopting this chapter shall require that any landlord have just cause for initiating eviction or not renewing a lease; just cause may be further defined by the municipality, but must include the following:
(1) Nonpayment of rent
(2) Tenant commits a substantial violation of a material lease term or term of the tenancy
(3) Tenant engages in criminal activity that threatens the health and safety of other residents, or persons lawfully on the premises
(4) Owner seeks to remove the unit from the rental market to convert to cooperative or condominium, to demolish or convert to non-residential use, or to occupy the unit as the owner’s principal residence
Section 6. Cities and towns adopting this chapter shall provide annual reports to the department of housing and community development, which shall include but not be limited to: the text of the ordinance or bylaw adopting this chapter; any studies undertaken in informing adoption of the ordinance or bylaw; the number of units affected by the ordinance or bylaw; and any other relevant data as determined by the department of housing and community development.
Section 7. Any violation of this section shall be deemed an unfair and deceptive act under chapter 93A of the General Laws. Any person claiming a violation of this section may pursue remedies under section 9 of chapter 93A. The attorney general is hereby authorized to bring an action under section 4 of chapter 93A to enforce this provision and to obtain restitution, civil penalties, injunctive relief, and any other relief awarded pursuant to said chapter 93A.
Section 8. Nothing in this section shall be construed to interfere with any existing rights or protections afforded to tenants under current state or federal law.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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An Act relative to the preservation of wetlands and water resources in Chapter 40B applications
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H2104
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HD1670
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:11:49.837'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:11:49.8366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:13:21.01'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T15:53:18.78'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2104/DocumentHistoryActions
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Bill
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By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2104) of David M. Rogers, Vanna Howard and Patrick Joseph Kearney relative to municipal natural resource protection bylaws or ordinances and the preservation of wetlands and water resources in certain housing applications. Municipalities and Regional Government.
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Section 23 of Chapter 40B of the General Laws is hereby amended by inserting after the last sentence in the first paragraph the following:-
The denial of waivers from provisions of municipal natural resource protection bylaws or ordinances adopted and approved pursuant to section 32 of chapter 40 and administered by a municipal conservation commission established under section 8C of chapter 40, and any regulations properly adopted thereunder, shall be presumed to be consistent with local needs, provided that the purpose of said provisions of such bylaws, ordinances or regulations is the protection and/or promotion of Waters of the Commonwealth as defined in section 26A of chapter 21 and any regulations adopted thereunder, including wetlands, surface waters and groundwater.
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An Act authorizing municipal use of the prudent investor standards
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H2105
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HD96
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T10:02:36.727'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T10:02:36.74'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2105/DocumentHistoryActions
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Bill
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By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 2105) of Jeffrey N. Roy relative to authorizing municipal use of the prudent investor standards. Municipalities and Regional Government.
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SECTION 1. Section 54 of chapter 44 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting the following subtitle:
“(a) General Rule:”
Section 2. Said section is hereby amended by inserting at the end thereof, the following subsection:-
(b) Prudent Investor Rule.
This paragraph shall take effect in any city, town or district upon acceptance in accordance with the provisions of section 4 of chapter 4. Upon acceptance of this paragraph any city, town, or district may manage trust funds held in its custody as a combined investment pool and may invest said funds in accordance with the provisions of the Massachusetts Prudent Investor Act of Chapter 203C of the General Laws and not in accordance with paragraph (a) of this section. If any provision of this paragraph conflicts with the terms of a bequest, trust, or other instrument that expresses the clear intent of the donor, then such funds may be managed and invested only in accordance with the terms of such bequest, trust, or other instrument.
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An Act to improve parking and pedestrian safety
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H2106
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HD1816
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-18T17:44:33.347'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-18T17:44:33.3466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2106/DocumentHistoryActions
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Bill
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By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 2106) of Jeffrey N. Roy for legislation to improve parking and pedestrian safety and for the creation of a pedestrian safety design advisory group (including members of the General Court) to improve the safety of parking lots and public spaces. Municipalities and Regional Government.
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SECTION 1. Chapter 22 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 23. (a) In a city or town, where municipal on-street angle or perpendicular parking is provided adjacent to a commercial building, there shall be constructed safety appurtenances to: (i) separate parking spaces from the sidewalk or frontage area of the building, (ii) prevent a motor vehicle from erroneously moving onto the sidewalk or other frontage to said building where pedestrian activity is likely to occur, and (iii) prevent a motor vehicle from coming into contact with the building structure. For purposes of this section, the term commercial building shall mean the construction, reconstruction or substantial rehabilitation to enlarge or extend an existing building or structure so as to increase its gross floor area, which is intended for 1 or more of the following uses: (1) office, (2) retail business or service, (3) institutional or educational, or (4) hotel or motel; provided, that such construction, reconstruction or substantial rehabilitation shall exceed $1,000,000 in cost.
(b) The owner of a commercial building shall design any enclosed or off-street parking lots or facilities for commercial developments, districts or buildings in a way that maintains a safe walking distance between the denoted parking and the entryway to the building. The owner of a commercial building shall construct safety appurtenances to separate the parking spaces from the walkway and to prevent a motor vehicle from erroneously leaving the parking area and entering the walkway or colliding with the building.
(c) Safety appurtenances shall have the ability to physically stop a motor vehicle from breaching the pedestrian walkway or building frontage and structure. The safety appurtenances may be either a standard structural bollard, retaining wall, landscape planter or any other structural member or frame that will withstand the force of the motor vehicle and prevent it from crashing through to the pedestrian walkway or building frontage and structure.
(d) All safety appurtenances shall be constructed based on local zoning ordinances and bylaws so as to not reduce the sidewalk or the building frontage below the minimum width required for pedestrian accessibility under the architectural access board regulations, promulgated pursuant to section 13A of chapter 22. No municipality or agency shall approve a plan or grant a permit for a commercial development or district unless the plan and proposed development includes the safety appurtenances required pursuant to this section.
(e) The department may issue a waiver for buildings and developments for which unique circumstances make compliance with the requirements of this section an unreasonable burden. Developers shall submit requests in writing that include an explanation of the unique circumstances and information on alternative safety measures included in the project’s design that will protect against vehicle incursions on sidewalks or into buildings. The board shall maintain records of waiver requests and outcomes in a written and publicly-accessible form.
(f) The department shall promulgate rules and regulations relative to the construction, installation and maintenance of such safety appurtenances.
SECTION 2. Said Chapter 22, as so appearing, is hereby amended by adding the following section:-
Section 23A. There shall be a commission known as the Pedestrian Safety Design Advisory Group, referred to in this section as the commission. The commission shall investigate best practices for planning, design, installation, and maintenance of physical safety measures to improve the safety of parking lots and public spaces and shall develop recommendations for rules and regulations governing the installation of bollards, appurtenances, or other physical safety improvements designed to protect sidewalks and other public spaces from vehicle encroachment.
The commission shall consist of 15 members, 1 of whom shall be a member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the house of representatives to be appointed by the minority leader of the house; 1 of whom shall be a member of the senate appointed by the president of the senate; 1 member of the senate to be appointed by the senate minority leader; 1 of whom shall be the secretary of the executive office of public safety and security or a designee, who shall serve as chair; 1 of whom shall be the executive director of the architectural access board or a designee; 1 of whom shall be the executive director of the Massachusetts School Building Authority or a designee; 1 of whom shall be the secretary of the Department of Transportation or a designee; 1 of whom shall be a professional engineer appointed by the American Council of Engineering Companies of Massachusetts; 1 of whom shall be appointed by the Massachusetts Municipal Association; 1 of whom shall be appointed by appointed by NAIOP Massachusetts; 1 of whom shall be appointed by the Massachusetts chapter of the American Institute of Architects; 1 of whom shall be appointed by The Massachusetts Property Insurance Underwriting Association; 1 of whom shall be appointed by the Associated General Contractors of Massachusetts; and 1 of whom shall be appointed by the New England chapter of the American Public Works Association.
The commission shall submit a report with recommendations for best practices and any draft rules and regulations to the Executive Office of Public Safety and the chairs of the Joint Committee on Transportation by December 31, 2024.
SECTION 3. Section 1 of Chapter 90I of the General Laws, as so appearing, is hereby amended by striking the words “and (v)” and inserting in place thereof the following:-
“ (v) ensure that eligible projects comply with the requirements of section 101 of chapter 143 and any additional rules or regulations promulgated by the department; and (vi)”
SECTION 4. Chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 230. (a) An insurer may consider the installation of safety appurtenances that comply with section 101 of chapter 143 to protect persons located within, or in or on the property of, buildings, or to protect pedestrians, from collisions into those buildings by motor vehicles, on a commercial property parking lot as a safety measure and may provide or offer a discount on the property owner's insurance covering damage or loss to the covered commercial property, or liability arising out of the ownership, maintenance, or use of the commercial property relative to the reduced risk to the property as a result of installation of the appurtenances.
(b) The commissioner may promulgate rules and regulations to implement the requirements of this section.
SECTION 5. Sections 1, 3, and 4 of this act shall go into effect on July 1, 2024.
SECTION 6. Safety appurtenances required pursuant to this act shall only be required for commercial building permitted after the effective date of this act.
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An Act to facilitate the issuance of local permits for building energy efficiency and decarbonization
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H2107
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HD2810
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-19T10:20:21.923'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-19T10:20:21.9233333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-08T13:24:31.1233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2107/DocumentHistoryActions
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Bill
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By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 2107) of Jeffrey N. Roy relative to the issuance of local permits for building energy efficiency and decarbonization. Municipalities and Regional Government.
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Subsection d of section 57 of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is amended by adding after the word “forty;” in line 79, the followings words:-
building permits and other local permits, licenses, and approvals necessary to implement energy efficiency and building decarbonization measures authorized by certified efficiency plans prepared and approved pursuant to section 21 of chapter 25.
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An Act authorizing the city known as the town of Franklin to utilize alternative methods for notice of public hearings
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H2108
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HD3103
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-20T09:11:00.75'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-20T09:11:00.75'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T20:28:27.21'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2108/DocumentHistoryActions
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Bill
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By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 2108) of Jeffrey N. Roy and Rebecca L. Rausch (by vote of the town) relative to authorizing the city known as the town of Franklin to utilize alternative methods for notice of public hearings. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding Section 13 of Chapter 4, Section 11 of Chapter 40A of the General Laws or any other general or special law to the contrary, the City Known as the Town of Franklin (hereinafter “Town”) may utilize alternative means of publishing legal notices for public hearings that are required by law.
SECTION 2. The Town may permit that all notices of such public hearings shall be published on the bulletin board outside the town clerk’s office and either: (i) in a local newspaper, in either electronic or paper format, or (ii) on the Town’s website. The term “website” shall mean the official website of the Town of Franklin that is operated and maintained by the Town’s government.
SECTION 3. This act shall take effect upon its passage.
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An Act to support the equitable utilization of third party consultants in land use determinations
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H2109
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HD2824
| 193
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{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T16:06:56.677'}
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[{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T16:06:56.6766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2109/DocumentHistoryActions
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Bill
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By Representative Ryan of Boston, a petition (accompanied by bill, House, No. 2109) of Daniel J. Ryan for legislation to support the equitable utilization of third party consultants in land use determinations. Municipalities and Regional Government.
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SECTION 1. Section 53G of chapter 44, as appearing in the 2014 Official Edition of the General Laws, is hereby amended by inserting after the first sentence the following:-
Such rules shall require that the city or town establish and update as necessary a list of approved outside consultants having the minimum qualifications in one or more fields in which the local permitting boards or commission reasonably expect to require outside consultants in reviewing applications. The list shall be certified by the city clerk or town clerk and shall contain not less than three outside consultants in each field. The applicant shall have the right to select the outside consultant(s) from the certified list and to request and receive a proposal from each consultant prior to making such selection. An applicant or petitioner shall not be charged with the travel costs of an outside consultant. Where a proposed project requires the review and approval of more than one local board, commission, or official, the respective local boards, commissions, and officials shall coordinate in their use of outside consultants in order to avoid unnecessary duplication.
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An Act establishing a bill of rights for individuals experiencing homelessness
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H211
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HD107
| 193
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:20:27.903'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:20:27.9033333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-09T15:14:57.1933333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-09T13:25:10.2033333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T19:33:20.7433333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-27T09:54:57.9233333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:06:44.65'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:24:00.8966667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-09T10:40:53.5233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T15:08:44.16'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-16T12:02:07.21'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-02T15:04:09.5266667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:43:36.3266667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:17:57.5066667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-01T21:34:37.87'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-07T16:08:47.19'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:27:18.6966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T14:44:27.0466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-20T12:22:27.9233333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T01:07:23.9066667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T10:12:50.45'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T10:37:42.32'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T14:00:36.0366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T14:13:26.6733333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T13:14:54.6433333'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-07-17T11:53:18.0533333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-11T13:35:12.5233333'}]
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{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-09T15:14:57.177'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H211/DocumentHistoryActions
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Bill
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By Representatives Pignatelli of Lenox and Moran of Lawrence, a petition (accompanied by bill, House, No. 211) of Smitty Pignatelli, Frank A. Moran and others for legislation to establish a bill of rights for individuals experiencing homelessness. Children, Families and Persons with Disabilities.
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SECTION 1. Section 17A of chapter 85 of the General Laws is hereby repealed.
SECTION 2. Chapter 214 of the General Laws is hereby amended by inserting after section 1C the following section:-
Section 1D. (a) A person experiencing homelessness shall have the right to be free from discrimination on the basis of housing status.
(b) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Housing status” means a person’s current ability to access a fixed, regular nighttime residence as defined in section 16W of chapter 6A of the general laws.
“Park'” shall include a city or town common dedicated to the use of the public, or appropriated to such use without interruption for a period of 20 years as defined in section 1 of chapter 45 of the general laws.
“Persons experiencing homelessness” means persons who lack, or are perceived to lack, a fixed, regular nighttime residence as defined in section 16W of chapter 6A of the general laws. Persons experiencing homelessness includes, but are not limited to, persons who: (1) share the housing of other persons due to loss of housing, economic hardship or a similar reason; (2) live in motels, hotels, trailer parks or campgrounds due to the lack of fixed, regular, and adequate nighttime residence; (3) live in emergency or transitional shelters; (4) are abandoned in hospitals; (5) are awaiting foster care placement; (6) have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; (7) live in cars, parks, public spaces, abandoned buildings, bus or train stations or similar settings; (8) are transient and otherwise experiencing homelessness as described in this subsection; or (9) are in situations as described in section 11302(a) of title 42 of the United States Code.
“Public space” means any real property that is owned, in whole or in part, by the Commonwealth or any municipality, or upon which there is an easement for public use, and is held open to the public. Public space includes but is not limited to plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, and parks. Public space does not include a private business establishment.
“Recreational vehicle” has the meaning given that term in section 20 of chapter 90B of the general laws.
“Rest” means the state of sleeping or not moving or the state of holding certain postures that include but are not limited to sitting, standing, leaning, kneeling, squatting, or lying on the ground or other surfaces.
“Town” shall not include city as defined in section 1 of chapter 45 of the general laws.
(c) Persons experiencing homelessness shall have the right to:
(i) use public spaces in the same manner as any other person without discrimination based on their housing status;
(ii) equal treatment by all state and municipal agencies, without discrimination on the basis of housing status;
(iii) a reasonable expectation of privacy in personal property in public spaces;
(iv) interact with public officials, employees, and officers without harassment on the basis of their housing status;
(v) rest in public spaces and seek protection from adverse weather or an imminent public health emergency in a manner that does not obstruct human or vehicle traffic and is without discrimination based on their housing status;
(vi) access routine and emergency medical care free from discrimination on the basis of housing status, including without limitation access to medical care, testing, and vaccination for the 2019 novel coronavirus, known as COVID-19;
(vii) eat, share, accept, or give food in any public space in which having food is not prohibited;
(viii) vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination on the basis of housing status;
(ix) pray, meditate, worship, or practice religion in public spaces without discrimination based on housing status in a manner that does not obstruct human or vehicle traffic;
(x) protection from the disclosure of records provided to homeless shelters and service providers to state, municipal, and private entities, absent valid written authorization to do so; and
(xi) occupy a motor vehicle or a recreational vehicle, provided that the vehicle is legally parked on public property or on private property with the express permission of the private property owner.
(d) The provisions of this section pertaining to public spaces shall not apply if the public space is closed to the general public or requires a fee for entry. When practicable, public officials, employees, or officers shall clearly designate and provide an appropriate alternative place for persons experiencing homelessness to rest without time limitations in the near vicinity.
(e) It shall be an affirmative defense to a civil claim or criminal charge related to use of public spaces that a person experiencing homelessness was exercising any right set forth in this section.
(f) The superior court shall have jurisdiction in equity to enforce any right set forth in this section and award damages in connection with any violation thereof.
SECTION 3. Section 1 of chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the last sentence the following sentence:-
Lack of a fixed, permanent residence for a person experiencing homelessness shall not prohibit voter registration.
SECTION 4. Section 1 of chapter 151B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following subsection:-
24. The term “housing status” shall be defined as a person’s current ability to access a fixed, regular, or adequate nighttime residence.
SECTION 5. Section 3 of chapter 151B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “information” in line 20 the following words:- housing status.
SECTION 6. Said section 3 of chapter 151B, as so appearing, is hereby further amended by inserting after the word “persons”, in line 56, the following words:- persons who have experienced homelessness.
SECTION 7. Said section 3 of chapter 151B, as so appearing, is hereby further amended by inserting after the word “information”, in line 66, the following words:- housing status
SECTION 8. Said section 3 of chapter 151B, as so appearing, is hereby amended by inserting after the word “origin”, in line 87, the following words:- housing status.
SECTION 9. Section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word “information”, in lines 5, 189, 204, 211, 223, 232, 266, 293, 311, 361, 369, 379, 479, 490, 495, 502, 824, and 833 in each instance, the following words:- housing status
SECTION 10. Said section 4 of chapter 151B, as so appearing, is hereby further amended by inserting after the word “age” in line 300 the following words:- housing status.
SECTION 11. Said section 4 of chapter 151B, as so appearing, is hereby further amended by inserting after the word “origin”, in lines 634 and 644, and in each instance, the following words:- housing status.
SECTION 12. Said section 4 of chapter 151B, as so appearing, is hereby further amended by adding the following subsection:-
20. It shall be unlawful discrimination for any employer, employment agency, labor organization, or licensing agency to refuse to hire or employ, represent, grant membership to, or license a person on the basis of that person's housing status or having a mailing address being that of a shelter or social service provider, or to terminate or refuse to renew a person's employment, representation, membership, or license on the basis of that person’s housing status.
SECTION 13. Sections 63 through 69, inclusive, of chapter 272 of the General Laws are hereby repealed.
SECTION 14. Section 92A of chapter 272 of the General Laws is hereby amended by inserting after the word “nationality”, in line 9, the following words:- housing status.
SECTION 15. Section 98 of said chapter 272, as so appearing, is hereby amended by inserting after the word “origin”, in line 3, the following words:- housing status.
SECTION 16. Section 122 of chapter 5 of the Acts of 1995 is hereby repealed.
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An Act to facilitate the issuance of local permits for building energy efficiency and decarbonization
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H2110
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HD2882
| 193
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{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T17:23:51.197'}
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[{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T17:23:51.1966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2110/DocumentHistoryActions
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Bill
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By Representative Ryan of Boston, a petition (accompanied by bill, House, No. 2110) of Daniel J. Ryan relative to the issuance of local permits for building energy efficiency and decarbonization. Municipalities and Regional Government.
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Section 1. Section 57, of Chapter 40, as appearing in the 2020 Official Edition, is hereby amended by adding in subsection (d), in line 79, after the word “forty” the following new clause:-
“building permits and other local permits, licenses, and approvals necessary to implement energy efficiency and building decarbonization measures authorized by certified efficiency plans prepared and approved pursuant to section 21 of chapter 25.”
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An Act authorizing the town of Acton to establish a minimum charge for a checkout bag
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H2111
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HD744
| 193
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{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-17T12:02:09.443'}
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[{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-17T12:02:09.4433333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-20T16:32:19.3'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2111/DocumentHistoryActions
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Bill
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By Representative Sena of Acton, a petition (accompanied by bill, House, No. 2111) of Danillo A. Sena (by vote of the town) that the town of Acton be authorized to establish a minimum charge for checkout bags in said town. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The following words, unless the context clearly requires otherwise, shall have the following meanings:
“Checkout Bag” shall mean a bag provided by a retail establishment to a customer at the point of sale. Checkout bags shall not include any type of bag, used by a retail establishment, or provided to its customer for:
1. prescription medications,
2. produce, bakery items, and other food items to keep such items fresh or unsoiled,
3. preventing frozen food items, including ice cream, from thawing,
4. containing products or items that are saturated, wet, prone to leak, or need to be immersed in a liquid,
5. containing products or items that are granular, powdery, dirty or greasy,
6. protecting an item from damage or contamination, or to protect a second item when both are carried together from the retail establishment,
7. protecting articles of clothing on a hanger,
8. items that contain any herbicide, pesticide, solvent, corrosive, automotive type fluid or other chemical, that can be harmful to public health, whether or not, the item is prepackaged in a sealed container or bag,
9. protecting small items from loss,
10. any item that requires the use of a certain type bag, under federal and state laws and regulations.
“Retail Establishment” shall mean any business facility that sells goods directly to the consumer whether for or not for profit, including but not limited to, retail stores, restaurants, pharmacies, convenience and grocery stores, liquor stores, and seasonal and temporary businesses.
SECTION 2.
(a) Notwithstanding any general or specific law to the contrary, any retail establishment which makes available checkout bags in the Town of Acton shall charge for each such bag a fee equal to or greater than $0.15 per checkout bag, as established by regulations to be duly promulgated by the Acton Board of Health.
(b) All monies collected pursuant to this section shall be retained by the retail establishment.
(c) Any charge for a checkout bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified as the “checkout bag charge” thereon.
SECTION 3.
(a) The Health Agent for the Acton Board of Health or his/her designee shall have authority to oversee this Act and any regulations promulgated thereunder.
(b) The Acton Board of Health may adopt and amend rules and regulations to effectuate the purposes of this Act.
SECTION 4. If any provision of this Act is declared to be invalid or unenforceable, the other provisions shall be severable and shall not be affected thereby.
SECTION 5. This Act shall take effect three months after its passage.
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An Act relative to assessor certificates
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H2112
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HD739
| 193
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{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:56:19.477'}
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[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:56:19.4766667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-30T10:52:23.86'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:19:16.7066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2112/DocumentHistoryActions
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Bill
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By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 2112) of Thomas M. Stanley, Mathew J. Muratore and Brian W. Murray relative to assessors employed by cities and towns. Municipalities and Regional Government.
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SECTION 1. Chapter 59 of the General Laws is hereby amended by striking out section 21A and inserting in place thereof the following section:-
Section 21A. (a) In any city or town that accepts this section, an assessor or assistant assessor who has completed the necessary courses of study and training and has been awarded a certificate by the International Association of Assessing Officers as a certified assessment evaluator or who has been awarded a certificate by the Massachusetts Association of Assessing Officers, Inc. as a certified Massachusetts assessor shall receive as compensation from such city or town, in addition to the regular compensation paid by such city or town for services in such office, an amount equal to 10 per cent of such regular compensation; provided, that such additional compensation shall not exceed: (i) $3000 annually, if such assessor or assistant assessor is employed on a full-time basis; or (ii) $500 annually, if such assessor of assistant assessor is employed on a part-time basis.
(b) An assessor or assistant assessor who has completed the necessary courses of study and training and has been awarded a certificate by the International Association of Assessing Officers as a residential evaluation specialist or who has been awarded a certificate by the Massachusetts Association of Assessing Officers, Inc. as a residential Massachusetts assessor shall receive as compensation from such city or town, in addition to the regular compensation paid by such city or town for services in such office, an amount equal to 5 per cent of such regular compensation; provided, that such additional compensation shall not exceed $2,000 annually, and the increase shall only apply if such assessor or assistant assessor is employed on a full-time basis.
(c) An assessor or assistant assessor who has completed the necessary courses of study and training and has been awarded a certificate by the International Association of Assessing Officers as an assessment administration specialist or who has been awarded a certificate by the Massachusetts Association of Assessing Officers, Inc. as a Massachusetts accredited assessor shall receive as compensation from such city or town, in addition to the regular compensation paid by such city or town for services in such office, an amount equal to 3 per cent of such regular compensation; provided, that in no event shall such additional compensation exceed $1,000 annually, and the increase shall only apply if such assessor or assistant assessor is employed on a full-time basis.
(d) An assessor or assistant assessor who has been awarded any certificates referred to in this section shall receive such additional compensation for only 1 of such certificates. In order to qualify for such additional compensation, an assessor or assistant assessor shall submit proof that they have been awarded such certificates to the mayor or the select board of such city or town. The additional compensation herein provided shall be prorated for any 12-month period in which an eligible person does not hold the office of assessor or assistant assessor for 12 consecutive months.
SECTION 2. Said chapter 59 of the General Laws is hereby further amended by striking out section 21A½ and inserting in place thereof the following section:-
Section 21A½. (a) In any city or town that accepts this section, an assessor or assistant assessor who has completed the necessary courses of study and training and has been awarded a certificate by the International Association of Assessing Officers as a certified assessment evaluator or who has been awarded a certificate by the Massachusetts Association of Assessing Officers, Inc. as a certified Massachusetts assessor shall receive as compensation from such city or town, in addition to the regular compensation paid by such city or town for services in such office, an amount equal to 10 per cent of such regular compensation.
(b) An assessor or assistant assessor who has completed the necessary courses of study and training and has been awarded a certificate by the International Association of Assessing Officers as a residential evaluation specialist or who has been awarded a certificate by the Massachusetts Association of Assessing Officers, Inc. as a residential Massachusetts assessor shall receive as compensation from such city or town, in addition to the regular compensation paid by such city or town for services in such office, an amount equal to 5 per cent of such regular compensation.
(c) An assessor or assistant assessor who has completed the necessary courses of study and training and has been awarded a certificate by the International Association of Assessing Officers as an assessment administration specialist or who has been awarded a certificate by the Massachusetts Association of Assessing Officers, Inc. as a Massachusetts accredited assessor shall receive as compensation from such city or town, in addition to the regular compensation paid by such city or town for services in such office, an amount equal to 3 per cent of such regular compensation.
(d) An assessor or assistant assessor who has been awarded more than 1 of the certificates referred to in this section shall receive such additional compensation for only 1 of such certificates. In order to qualify for such additional compensation, an assessor or assistant assessor shall submit proof that they have been awarded such certificates to the mayor or the select board of such city or town. The additional compensation herein provided shall be prorated for any 12-month period in which an eligible person does not hold the office of assessor or assistant assessor for 12 consecutive months. In those cities and towns that accept the provisions of section 21A, this section shall not apply.
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An Act relative to additional inspectors; inspector engaging in plumbing or gas fitting work
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H2113
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HD1260
| 193
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{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-17T17:39:10.21'}
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[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-17T17:39:10.21'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:41:12.01'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:05:06.6133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2113/DocumentHistoryActions
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Bill
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By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 2113) of Alyson M. Sullivan-Almeida, Michael J. Soter and David F. DeCoste relative to inspectors of plumbing and gas fitting inspectors. Municipalities and Regional Government.
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Chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 4J, in subsection (b), by inserting after the words “building inspection,” the following:- plumbing inspection, gas fitting inspection,
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An Act relative to accidental disability retirement for police officers and firefighters
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H2114
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HD1301
| 193
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:37:56.437'}
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[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:37:56.4366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2114/DocumentHistoryActions
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Bill
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By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2114) of Jeffrey Rosario Turco relative to accidental disability retirement for police officers and firefighters. Municipalities and Regional Government.
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Notwithstanding any general or special law to the contrary, Section 111F of Chapter 41 of the General Laws is hereby amended by adding the following new paragraph at the end thereof:-
For any police officer or fire fighter subject to this section, who is granted an accidental disability retirement, pursuant to Section 7 of Chapter 32, and said accidental disability retirement is not based on presumptions pursuant to Sections 94, 94A or 94B of Chapter 32, any absence from duty caused by the condition which resulted in said accidental disability retirement, pursuant to Section 7 of Chapter 32, shall be regarded as leave pursuant to this section. If said police officer or fire fighter was not previously granted leave pursuant to this section, he or she shall have such absence retroactively so granted, and any pay or other personnel actions implicated by such retroactive granting of leave pursuant to this section shall be taken by the employer.
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An Act to establish a commission to study the distribution of unrestricted local aid
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H2115
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HD1697
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-18T16:45:52.287'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-18T16:45:52.2866667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-18T16:46:02.9766667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:18:09.2166667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T16:03:09.3466667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:14:12.99'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-27T14:35:04.9433333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T14:52:53.71'}]
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-18T16:45:52.287'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2115/DocumentHistoryActions
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Bill
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By Representatives Vargas of Haverhill and Cabral of New Bedford, a petition (accompanied by bill, House, No. 2115) of Andres X. Vargas, Antonio F. D. Cabral and others for legislation to establish a special commission (including members of the General Court) to study the distribution of general local aid, unrestricted general government aid and lottery aid to cities and towns. Municipalities and Regional Government.
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The General Laws, as appearing in the 2018 Official Edition, are hereby amended by inserting after chapter 40W the following chapter:-
Chapter 40X. Commission to study the distribution of general local aid.
SECTION 1. There shall be a commission to study the distribution of general local aid in the commonwealth, including unrestricted general government aid, lottery aid as promulgated in section 18C of chapter 58 of the General Laws and additional assistance aid to municipalities. The study shall not include foundation aid as defined in section 2 of chapter 70 of the General Laws.
SECTION 2. The commission shall examine the current formula used to distribute unrestricted general government aid to municipalities, evaluate the effectiveness and equity of said formula and make recommendations to establish a more equitable distribution of unrestricted general government aid to municipalities in the commonwealth. The commission shall review all aspects of general local aid including, but not limited to (a) the current allocation of local aid to municipalities; (b) the reflectiveness of municipalities’ needs in the proportional distribution of the unrestricted general government aid formula; (c) any equity disparities that exist between municipalities across the commonwealth related to local aid distribution; (d) the ability to account for a municipality’s change in population or tax base in a general local aid funding formula; (e) the potential to calculate municipal costs based on a municipality’s need for municipal services and a municipality’s ability to raise local revenue, less a municipality’s local revenues; and (f) any alternative formulas that may create a more equitable distribution of general local aid.
SECTION 3. The commission shall consist of: the secretary of administration and finance, or a designee; the commissioner of the department of revenue, or a designee; 1 member appointed by the state treasurer; 2 members of the senate, 1 of whom shall represent a gateway municipality as defined in section 3A of chapter 23A of the General Laws and shall serve as co-chair; 2 members of the house of representatives, 1 of whom shall represent a gateway municipality as defined in said section 3A of said chapter 23A and shall serve as co-chair; 5 members appointed by the governor, 1 of whom shall be nominated by the Massachusetts Municipal Association, Inc., 1 of whom shall be nominated by the Federal Reserve Bank of Boston, 1 of whom shall be nominated by the Massachusetts Budget and Policy Center, Inc., 1 of whom shall be nominated by the Massachusetts Taxpayers Foundation, Inc., and 1 of whom shall be nominated by the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts at Boston.
SECTION 4. The commission shall file a report of its findings and recommendations, including any new or revised local aid formulas, with the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means, and the senate and house chairs of the joint committee on municipalities and regional government not later than July 1, 2021.
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An Act relative to the maintenance of private roads, beaches and amenities in municipalities
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H2116
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HD673
| 193
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-16T13:19:37.853'}
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[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-16T13:19:37.8533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2116/DocumentHistoryActions
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Bill
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By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 2116) of David T. Vieira relative to the maintenance of private roads, beaches and amenities. Municipalities and Regional Government.
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SECTION 1: Chapter 84 of the General Laws shall be amended in section 12 by deleting the words, “private way or bridge” in the first line and replacing them with the words, “private way, bridge or other common amenity”.
SECTION 2: Chapter 84 of the General Laws shall be amended in section 12 by inserting at the beginning of said section the following:
For the purposes of sections 12 through 14 of this chapter, the following terms shall have the following meanings:
“Common amenity” shall mean private parks, buildings, recreational facilities, beaches and the like intended for the use by property owners in a private subdivision or area;
“Proprietor” as used in this chapter shall mean the “owner” of land abutting a private road and who has the right to use the private road to access his property;
“Rightful occupant” shall mean any person other than a proprietor with a lawful right to use a private road, bridge or other private amenity by easement, grant or implication.
“Private Road” shall mean a way, whether paved or unpaved, intended primarily for the use of vehicles and shall include any and all appurtenances to such roads or ways, bridges and common amenities including but not limited to roadway rights of way, drainage, abutments, slopes, ramps and approaches and which are not maintained by a city or town.
“Servitude or Equitable servitude” for the purposes of section 12 to 14 of this chapter is an obligation of a proprietor or rightful occupant, whether such obligation is actual or implied, to participate financially or otherwise in the maintenance of private roads, bridges or other common amenities in a private subdivision.
SECTION 3: Said chapter 84 shall be further amended by adding after section 12, the following new section:-
Section 12A: Notwithstanding any general or special law to the contrary, an obligation imposed by a recorded document or otherwise for property owners or occupants to be responsible for or to contribute financially or otherwise to the maintenance of roads, bridges, beaches or other common amenities within a private subdivision shall be deemed to have created an equitable servitude and not a condition or restriction.
An equitable servitude is created when real property is conveyed intending to create a servitude, or if the requirements of a servitude by necessity are met. The creation of a private road, bridge, other structure, or common amenities such as parks and beaches requiring maintenance within a private development shall be deemed to create a servitude for the maintenance of the private road, bridge, structure, or common amenities. Such servitudes and servitudes by necessity shall continue as long as the need for maintenance continues or as long as the road, bridge, structure or amenity remains private.
SECTION 4: Chapter 84 shall be further amended by adding after section 12A, the following new section:-
Section 12B: a. Notwithstanding any law or special law to the contrary, the obligation of any person or entity, whose property abuts any private road or roads and bridges, and who has the right to access private roads, bridges, related beaches or other common amenities, or whose property does not abut such private roads, bridges, beaches and other common amenities but who has the use of such private roads, bridges, beaches, or other common amenities by grant or implication, to maintain or contribute to the maintenance of such roads, bridges, beaches or other common amenities shall continue as long as the privilege, right to use or benefit continues and as long as the road or roads, bridges and common amenities remain private regardless of whether any recorded covenants, conditions and restrictions affecting such subdivision, roads, bridges, beaches or other common amenities have expired.
b. The process for contribution, collection and maintenance of private roads bridges and other common amenities shall be as stated in any recorded document, relating thereto notwithstanding the fact that any conditions or restrictions imposed by said document have expired by the language of the document or by operation of law unless such process is amended by majority vote of owners and occupants having such rights and obligations. Votes to amend the provisions for collection of funds, increase or decrease in assessments and maintenance of roads, bridges, beaches and other common amenities shall be as stated in the recorded document. If there is no provision in such document for increasing or decreasing amounts to be paid in such document or there was no such document previously recorded, the proprietors and rightful occupants may call a meeting pursuant pursuant to the terms of the recorded document as properly amended, or if no such document was previously recorded, then pursuant to sections 12, 13 and 14 of this chapter to determine those issues.
c. If no document has been recorded describing the process for determining such maintenance and contributions, proprietors and rightful occupants subject to a servitude shall have the power to create an association of property owners. Such an association may be created by using the provisions of sections 12, 13 and 14 of this chapter. Once an association has been created, all owners and rightful occupants subject to the servitude shall automatically become association members. The association shall establish and follow a formal process, described below, to determine by-laws, maintenance fees and other obligations. No proprietor or rightful occupant shall be required to pay any membership fee as a requirement to belonging to the association. Maintenance fees as determined by the association shall not be deemed to be membership fees.
The association shall have a board of directors consisting of three, five, or seven members. The directors shall be proprietors subject to a servitude, and shall be elected by majority vote of the proprietors and rightful occupants subject to the servitude. The directors shall serve a term to be determined by a meeting of proprietors and rightful occupants. The directors shall hold a general meeting at least once per year, wherein proprietors and rightful occupants belonging to the association may be heard. The directors shall reach decisions on by-laws of the association, maintenance, maintenance fees and other powers through a majority vote and such determinations shall be approved or disapproved by a majority of proprietors and rightful occupants at a meeting called for that purpose. Directors may call additional meetings as they deem necessary or at the request of three or more proprietors and rightful occupants. Notice of all meetings shall be mailed by first class mail, postage prepaid, or otherwise delivered to all reasonably known proprietors and rightful occupants at least fourteen days before the meeting. If the directors fail or refuse to call a meeting when required or when petitioned to do so by three or more proprietors and rightful occupants, proprietors and rightful occupants may convene such a meeting pursuant to section 12 of this chapter. Once an association has been created, any meeting of the proprietors and rightful occupants shall be governed by the by-laws and rules established by the association. No duly called meeting of the proprietors and rightful occupants shall be deemed invalid if reasonable efforts were made to notify all proprietors and rightful occupants who were reasonably known at the time the meeting notices were mailed or delivered.
An association shall have the power to do anything reasonably necessary to manage the roadways, bridges or other common amenities and administer the servitudes. Such powers shall include the power to raise funds necessary to carry out the functions of the association, and the power to enforce rules and regulations. In addition to seeking court enforcement, the association may adopt reasonable rules and procedures to encourage compliance and deter violations, including the imposition of fines, penalties, late fees, and the withdrawal of privileges to use common recreational and social facilities. The association shall have the power to make substantial alterations, improvements, and additions to the common property. Funds may be raised by levying assessments against the individually owned property, and by charging fees for services or for the use the roads and common amenities by rightful occupants. Such fees must be reasonably related to the costs of the operation and maintenance of the roads, bridges and other amenities. An association shall have the power to manage, acquire, and improve common property. An association shall have the power to sue and be sued. Associations shall have the duty to act fairly towards its members and allow all members to participate in decisions. Actions to collect maintenance and other fees may be taken in the District Court in the district where the property subject to the servitude lies.
SECTION 5. This act shall take effect upon its passage.
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An Act relative to dangerous dogs
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H2117
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HD786
| 193
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-17T12:51:45.64'}
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[{'Id': None, 'Name': 'Angela Jasper', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T12:51:45.64'}, {'Id': None, 'Name': 'David T. Vieira', 'Type': 3, 'Details': None, 'ResponseDate': '2023-05-16T14:09:16.56'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2117/DocumentHistoryActions
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Bill
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By Representative Vieira of Falmouth (by request), a petition (accompanied by bill, House, No. 2117) of Angela Jasper relative to dangerous dogs. Municipalities and Regional Government.
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SECTION 1. Section 157 of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in subsection (a)(4), in line 29, after the first sentence of the second paragraph, the following three sentences:- If the biting dog has broken skin of a human, then an animal control officer, police officer, or hearing authority may order the dog, while outside of an enclosed structure, be leashed and wear a humane basket or basket-type muzzle until the hearing. The hearing authority shall hold the public hearing within 30 days of the complaint after adequate notice, unless continued by agreement of both parties. Failure to provide such notice shall result in a dismissal with prejudice.
SECTION 2. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting in subsection (a)(4), in line 30, after the word “hearing,” the following words:- limited to the issues in the hearing notice,
SECTION 3. Section 157 of chapter 140 of the General Laws, is hereby further amended by striking subsection (c)(ii) and inserting in place thereof the following section:-
(c)(ii) that the dog be confined to the premises of the owner or keeper of the dog; provided, however, that ''confined'' shall mean securely confined indoors or when confined outdoors, kept in a fenced-in area that includes an egress to the indoors and a locked gate and is surrounded with a 6-foot high fence with a privacy barrier, or in a securely enclosed and locked pen. The owner or keeper shall ensure that the dog cannot escape by digging and that no natural or artificial items near the edges of the fenced-in area or locked pen would permit a dog to jump or climb over the fence or pen. The dog must be able to move freely and the dog’s food must be able to be placed eight feet from where the dog can urinate or defecate. Such excretions shall be removed daily. Within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog;
SECTION 4. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting in subsection (c)(iii), after the word “muzzled”, in line 58, the following words:- with a basket or basket-type muzzle
SECTION 5. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting after subsection (c)(vi) the following subsection:-
(c)(vii) that the owner or keeper of the dog consults with a veterinarian, behaviorist, or trainer to develop a public safety and behavior modification plan that exclusively employs evidence-based training techniques that do not result in pain, discomfort, fear, or anxiety. Electric, prong, or choke collars shall not be used at part of this modification plan. All professionals involved in the dog’s modification plan shall be educated in and employ methods that adhere to the principles of the American Veterinary Society of Animal Behavior and the American College of Veterinary Behaviorists; or
SECTION 6. Section 157A of chapter 140 of the General Laws is hereby further amended by striking in section (c), the number “(vii)”, in line 83, and replacing with the following number:- (viii)
SECTION 7. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting in subsection (c), after the word “removed”, in line 85, the following words:- or excluded
SECTION 8. Section 157 of chapter 140 of the General Laws, is hereby further amended by inserting at the end of subsection (c) the following sentence:-
Once the complaint has been filed and the owner or keeper notified, the owner or keeper shall not transfer ownership of the dog.
SECTION 9. Section 157 of chapter 140 of the General Laws, is hereby further amended by striking, in subsection (d), the word “an”, in line 88, and inserting in place thereof the following word:- any
SECTION 10. Section 157 of chapter 140 of the General Laws, is hereby further amended by inserting, in subsection (d), after the word, “inclusive,”, in line 89, the following words:- or (h),
SECTION 11. Section 157 of chapter 140 of the General Laws, is hereby further amended by striking in subsection (d) the sentence “A party shall have the right to request a de novo hearing on the complaint before a justice of the court”, in lines 97-99, and inserting in place thereof the following sentence:-
Either party shall have the right to request a de novo hearing on the complaint before a justice of the court, but such request must be made within 10 days after the decision of the magistrate.
SECTION 12. Section 157 of chapter 140 of the General Laws, is hereby further amended by inserting in subsection (h) after the word “section”, in line 145, the following words:- after obtaining a court order,
SECTION 13. Section 157 of chapter 140 of the General Laws, is hereby further amended by inserting in subsection (h) after the word “authority”, in line 150, the following words:- for a public hearing
SECTION 14. Section 157 of chapter 140 of the General Laws, is hereby further amended by striking in subsection (h) by striking, in lines 151-154, the sentence “The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for 5 years.”
SECTION 15. Section 157 of chapter 140 of the General Laws, is hereby further amended by inserting at the end of subsection (h) the following sentence:-
The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person's possession, if any, and the owner or keeper may be prohibited from licensing a dog within the commonwealth for up to 5 years.
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An Act authorizing the town of Mashpee to convey certain town owned conservation land to Jacques and Rosalie Fresco
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H2118
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HD1389
| 193
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-18T13:18:20.79'}
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[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-18T13:18:20.79'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-07-20T09:23:24.3733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2118/DocumentHistoryActions
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Bill
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By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 2118) of David T. Vieira (by vote of the town) relative to authorizing the town of Mashpee to convey certain town owned conservation land to Jacques and Rosalie Fresco. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding the provisions of any general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and in recognition of the fact that the transfer of right, title and interest in and to the below-described land by the Town of Mashpee will not derogate from or otherwise impact the protections of Article 97 which limit and restrict the use of said property to use for open space, conservation and passive recreation purposes, consistent with the provisions of Massachusetts General Laws, Chapter 40, Section 8C and said Article 97, the Select Board and Conservation Commission of the Town of Mashpee are hereby authorized to transfer and convey by sale or exchange a portion of that certain parcel of Town owned conservation land designated on the Mashpee Assessors' Map 30 as Block 19-0, located at
0 Santuit Lane in Mashpee, Barnstable County, Massachusetts, consisting of Two Thousand Nine Hundred and Forty (2,940) square feet, more or less, as shown on the Plan of Land dated ______________________ prepared for Jacque And Rosalie Fresco by ________________________________________________ (the “Plan”), and, in consideration of said transfer, the Town shall be authorized to acquire title to a portion of that certain parcel of land designated on Mashpee Assessors' Map 30 as Block 20-0, located at 3 Santuit Lane, in Mashpee, Barnstable County, Massachusetts, consisting of Two Thousand Nine Hundred and Forty (2,940) square feet, more or less, as more specifically shown on said Plan by purchase from or exchange with owners thereof for open space, conservation and passive recreation purposes, consistent with the provisions of Mass. Gen. Laws. Ch. 40, Section 8C and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
SECTION 2. No document or instrument conveying any interest in the subject property described hereinabove shall be valid unless such document or instrument provides that the interest in the land designated on Mashpee Assessors' Map 30 as Block 20-0, presently located at 3 Santuit Lane, shall, upon transfer to the Town of Mashpee, be held and maintained by the Town solely for open space, conservation and passive recreation purposes, consistent with the provisions of Massachusetts General Laws, Chapter 40, Section 8C and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
SECTION 3. This act shall take effect upon passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}]
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An Act relative to parking permit fees
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H2119
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HD2927
| 193
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{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-18T10:09:45.993'}
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[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-18T10:09:45.9933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2119/DocumentHistoryActions
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Bill
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By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 2119) of Tommy Vitolo relative to parking permit fees charged by cities and towns. Municipalities and Regional Government.
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SECTION 1. Notwithstanding any general or special law or by-law or ordinance to the contrary, no municipality that operates a permit program for the parking of motor vehicles for a duration between 2 days and 366 days shall charge in excess of a daily limit of $7 for each day of said permit's validity.
SECTION 2. The daily limit established in section 1 shall be increased by $0.50 on December 31 of each year.
SECTION 3. This act shall take effect on January 1, 2024
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An Act requiring universal changing stations in public buildings
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H212
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HD275
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:29:27.697'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:29:27.6966667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-23T13:39:42.5766667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-06-20T13:49:07.58'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-07-11T10:53:33.31'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-07-12T12:02:14.9333333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-08-15T15:52:16.3066667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-08-15T15:52:16.3066667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-08-15T15:52:16.3066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-08-15T15:52:16.3066667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-08-15T15:52:16.3066667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-08-15T15:55:18.2966667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-08-16T11:25:41.41'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-08-16T13:30:42.7433333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-08-16T13:30:42.7433333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-08-17T09:33:54.7366667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-08-17T09:33:54.7366667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-08-17T11:41:10.6566667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-17T16:06:48.86'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-08-18T09:06:47.19'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-08-18T09:06:47.19'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-08-18T09:45:08.74'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-08-21T08:29:27.8833333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-21T08:29:27.8833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-08-21T08:29:27.8833333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-08-21T08:29:27.8833333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-08-21T11:03:42.5266667'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-08-22T09:48:34.1466667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-08-23T09:03:25.7533333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-08-23T09:03:25.7533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-08-23T09:03:25.7533333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-08-23T13:06:21.5933333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-08-24T14:21:05.0733333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-08-25T15:59:36.3133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-08-28T09:30:01.2266667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-08-28T12:04:32.76'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-09-05T10:46:46.9333333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-09-05T10:46:46.9333333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-09-11T08:59:53.95'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-09-11T08:59:53.95'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-09-14T10:21:15.4966667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-09-18T13:02:19.6033333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-09-20T10:26:16.5133333'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-10-10T11:03:50.7133333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-10-10T13:30:14.1333333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-10-12T09:40:41.6'}]
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Bill
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 212) of Angelo J. Puppolo, Jr. and Bud L. Williams for legislation to provide for diaper changing stations in public buildings and accommodations. Children, Families and Persons with Disabilities.
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SECTION 1. The fourth paragraph of section 13A of chapter 22 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- The board shall also make rules and regulations requiring that any public building or place of public accommodation that is newly constructed, reconstructed or remodeled on or after January 1, 2026 shall install and maintain at least 1 universal changing station.
SECTION 2. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “physically handicapped person” the following definition:- “Place of public accommodation,” public parks, rest stops and all other areas defined as places of public accommodation in section 92A of chapter 272 of the General Laws.
SECTION 3. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Remodeling” the following definition:- “Universal changing station,” a changing station within an enclosed restroom facility that is for use by persons of any age who require assistance with diapering and is accessible by persons of any sex.
SECTION 4. (a) The architectural access board established in section 13A of chapter 22 of the General Laws shall, by January 1, 2024, adopt regulations requiring any public building that is newly constructed, reconstructed or remodeled on or after January 1, 2026 to install and maintain at least 1 universal changing station.
(b) The regulations adopted by the architectural access board pursuant to this section shall include the following:
(1) a requirement that the entrance to each universal changing station has conspicuous signage indicating the location of the station;
(2) a requirement that if a public building has a central directory, said central directory must indicate the location of the universal changing station; and
(3) a requirement that all universal changing stations shall:
(A) be capable of supporting up to 350 pounds;
(B) be equipped with a height-adjustable changing table;
(C) be located inside a private restroom or in a private stall, enclosed area or privacy screen within a multi-stall restroom;
(D) provide adequate space for assistance; and
(E) comply with all requirements of the federal Americans with Disabilities Act.
(c) The architectural access board may grant an exemption from the requirements of this section if it determines:
(1) the installation would not be feasible;
(2) the installation would result in a failure to comply with the Americans with Disabilities Act standards for access for persons with disabilities;
(3) the installation would destroy the historic significance of a historic property; or
(4) the building is not frequented by the public.
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An Act relative to hillside protection
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H2120
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HD1211
| 193
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{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:40:02.66'}
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[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:40:02.66'}]
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Bill
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By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 2120) of Thomas P. Walsh for legislation to authorize cities and towns to establish ridgeline and hillside protection district review boards. Municipalities and Regional Government.
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SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 40X the following chapter:-
CHAPTER 40Y. RIDGELINE AND HILLSIDE PROTECTION
Section 1. For purposes of this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Board”, the ridgeline and hillside protection district review board established pursuant to section 3.
“District”, a ridgeline and hillside protection district.
“Hillside”, land having an average grade of 15 per cent or greater for 200 feet.
“Ridgeline” the long, narrow crest or horizontal line of hills or mountains, usually at the highest elevation.
“Selective cutting”, no more than 50 per cent of the mature trees on a site cut under a selective cutting plan.
“Substantial exterior alteration”, any alteration which increases the assessed value by 15%, or which adds to the height of a structure, or which substantially alters the visual profile of the property or structures thereon.
Section 2. The purpose of this chapter is to promote the health, safety and general welfare of the cities and towns that accept it by:
(i) insuring that any development that takes place within the ridgeline and hillside protection district preserves and protects critical natural resource areas, minimizes visual impact of man-made features and enhances the economic values of the properties located therein;
(ii) minimizing the removal of native vegetation, especially large timber, and regulating the excavation and alteration of land in order to minimize any danger of erosion, flooding or pollution of the ground or surface water supply, whether public or private, within the district or any adjacent low lying areas;
(iii) insuring that all proposed development activities do not reduce property values within the district or adjacent to by unnecessarily detracting from the visual setting or obstructing significant views; and
(iv) protecting existing historical physical features and the preservation and development of linkages from 1 open space area to another.
Section 3. This chapter shall take effect in any city and town upon the approval by the legislative body.
A city or town that has voted to accept this chapter shall establish a ridgeline and hillside protection district review board, consisting of no more than 5 members, chosen by the chief executive officer of the city or town. Members of the board may also serve as members of the planning board for the city or town but shall not be members of a board of appeals under a subdivision control law or local zoning ordinance or by-law.
Section 4. Any area of a city or town that has accepted this chapter having a slope of greater than 15 per cent or greater over 200 feet or any elevation of 600 or more above sea level shall be designated as a ridgeline and hillside protection district by the city or town. The boundaries of each district shall be recorded on an overlay map to be kept on file with the city or town clerk.
Section 5. All uses of land included in a district that is not permitted pursuant to section 6 or section 7 shall be prohibited.
Section 6. The following uses shall be permitted in a ridgeline and hillside protection district without the need for application and review of the board:
(i) agricultural production, including but not limited to the raising of crops, livestock, poultry, nurseries, orchards, and hay;
(ii) recreational uses, provided there is minimal disruption of wildlife habitat;
(iii) maintenance and repair usual and necessary for continuance of an existing use, including work incidental to construction and the construction or alteration of any dwelling or structure that does not affect the exterior appearance of the dwelling or structure or any construction or alternation to the exterior of a dwelling or structure that would not result in a substantial exterior alteration;
(iv) conservation of water, plants, and wildlife, including the raising and management of wildlife;
(v) non-commercial cutting of trees for fuel;
(vi) uses permitted under section 3 of chapter 40A;
(vii) selective timber cutting shall be permitted within the area of a designated building envelope wherein principal and accessory structures have been approved. Timber cutting for the purpose of clearing land for legitimate agricultural purposes shall be permitted subject to satisfactory evidence of such intended use. Selective commercial timber cutting may be permitted, in accordance with chapter 132; and
(viii) selective cutting of trees or vegetation for normal maintenance purposes on less than one half acre of land, provided that no additional cutting shall be done on the parcel, or on adjoining parcels in common ownership, for a period of 2 years, except for selective cutting specified in a cutting plan approved in accordance with sections 40 to 46, inclusive, of chapter 132.
Section 7. The following uses shall be permitted in a district, subject to review and approval by the board pursuant to sections 8 and 9, prior to the issuance of a building permit, special permit or approval of a definitive plan under the city’s or town’s bylaws and ordinances governing subdivisions:
(i) the construction for a new dwelling or principal structure;
(ii) any construction or alteration that would result in a substantial exterior alteration to the dwelling or structure;
(iii) any commercial or industrial use allowed by special permit in the underlying district; and
(iv) any subdivision which requires approval under the city or town’s bylaws or ordinances governing subdivisions;
The board may waive the requirement that it review and approve uses pursuant to this section for dwelling additions, and or accessory buildings of 400 square feet or less.
Section 8. Buildings and landscaping permitted under section 7 shall be designed and located on the site to blend with the natural terrain and vegetation, and to preserve the scenic character of the site, conforming to the following standards:
(i) Building height shall not exceed 35 feet.
(ii) Exposed foundation walls shall not exceed 2 feet above the proposed finished grade;
(iii) Building, alterations, additions, or structures should be placed downgrade of the ridgeline where possible;
(iv) Building materials shall blend with the natural landscape.
(v) Removal of native vegetation, especially large timber, shall be minimized and the replacement of vegetation and landscaping shall be generally compatible with the vegetation of the designated area.
(vi) Trees may only be removed for location and construction of streets, driveways or structures. Selective clearing for views is permitted where the view is obstructed by dense vegetation.
(vii) Retaining walls, of natural materials only, may be used to create usable yard space in the side and rear yard.
(viii) Landscaping and plantings shall be utilized to screen major buildings in open or prominent areas from significant views, both when installed and when mature.
(ix) Any grading or earth moving operation is to be planned and executed in such a manner that final contours appear to be consistent with the existing terrain, both on and adjacent to the site.
(x) Storage or transmission of petroleum or other refined petroleum products is prohibited except within buildings which will be heated or in quantities of 50 gallons or less. Petroleum products stored within a building shall be placed on a diked or impermeable surface to prevent spills or leaks from reaching groundwater.
(xi) All run-off from impervious surfaces shall be recharged on the site by being diverted to storm water infiltration basins covered with natural vegetation. Storm water infiltration basins must be designed to handle a 25-year storm. Dry wells shall be used only where other methods are infeasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.
(xii) No area or areas totaling 2 acres or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation stripped or be filled 6 inches or more so as to destroy existing vegetation unless in conjunction with agricultural activity or unless necessarily incidental to construction on the premises under a currently valid building permit or unless within streets which are either public or designated on an approved subdivision plan or unless a special permit is approved by the zoning board of appeals on the condition that run-off will be controlled, erosion avoided and either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a temporary cover or winter rye or similar plant materials being provided for soil control, except in the case of agricultural activity where such temporary cover would be infeasible.
(xiii) Sediment and erosion control measures shall be employed to minimize such impacts during and after construction, in accordance with guidelines established by the United States Natural Resources Conservation Service “Guidelines for Soil and Water Conversation in Urbanizing Areas of Massachusetts.”
(xiv) Utilities shall be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate above ground construction and routing. The Review Board may waive this requirement.
(xv) Above ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting.
(xvi) In the building of more than 1 structure, variable setbacks, multiple orientations, and other site planning techniques shall be incorporated in order to avoid the appearance of a solid line of development.
(xvii) Construction of a tower, satellite dish, windmill, any type of antenna, or other installation shall not obstruct the view of a public way, or from a public way, or from an abutter’s dwelling.
Section 9. (a) Prior to undertaking any work in a ridgeline and hillside protection district, including clearing and removal of vegetation, grading or construction, but not including any use permitted pursuant to section 6, and prior to applying for a building permit, landowners shall submit an application for ridgeline and hillside protection review to the board. The building inspector shall not accept an application for a building permit without an attached application for ridgeline and hillside protection review, previously reviewed and approved by the board, unless the inspector determines that the work being undertaking by the application would be considered a permitted use pursuant to section 6. To assist in making such a determination, the building inspector may request the board to provide an opinion, in writing, as to whether the landowner’s proposed work under the building permit constitutes a permitted use pursuant to section 6 or requires application and review pursuant to subsection 7. If the board fails to respond to the building inspector within 20 days, the building inspector shall conclude that the landowner’s proposed work constitutes a permitted use pursuant to section 6. If the board determines that the landowner’s proposed work under the building permit requires the review and approval of the board pursuant to subsection 7, the board shall immediately notify the building inspector and the landowner in writing.
(b) Within 35 days of the receipt of the application for ridgeline and hillside protection review from a landowner, the board shall review the application and return its recommendations in writing to the building inspector. If the application for ridgeline and hillside protection review is associated with an application for a variance, special permit, or subdivision review, the board shall immediately transmit their recommendations to the planning board or zoning board of appeals as appropriate. If the board does not submit its recommendations within 35 days, such failure to act shall constitute approval of the application.
(c) Applications for ridgeline and hillside protection district review of proposed development in the district must be accompanied by the following:
(i) Plot Plan;
(ii) Photographs of the development site taken from points along the street, together with a map indicating the distance between these points and the site; and
(iii) Placement, height and physical characteristics of all existing and proposed buildings and structures located on the development site.
(d) After review of an application the board may:
(i) determine that the proposed work constitutes a suitable development or construction project entirely in compliance with the criteria set forth in section 8;
(ii) approve the work, subject to conditions, modifications, and restrictions as the board may deem necessary;
(iii) determine that the work, as a whole, is not permitted under the chapter or is otherwise wholly inconsistent with the terms of section 8.
(e) A landowner aggrieved by a decision of the board may appeal to the zoning board of appeals. If the zoning board of appeals finds that a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the landowner, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this chapter, it may exempt a landowner from the provisions of this chapter. The board of appeals may adopt rules to implement this subsection.
Section 10. The board may adopt rules, not inconsistent with the provisions of this chapter, for the conduct of its business and for the purposes of this chapter. Any such rules shall be filed with the city or town clerk.
SECTION 2. This act shall not apply to any work or project completed prior to the effective date of this act.
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An Act relative to preceptorship programs for students of chiropractic
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H2121
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HD719
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:51:29.387'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:51:29.3866667'}]
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2121) of James Arciero relative to preceptorship programs for students of chiropractic. Public Health.
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SECTION 1: Chapter 112 of the General Laws is hereby amended by inserting, after section 91, the following new section:
Section 91A: Chiropractic Student Externs; limited practice of Chiropractic under supervision
A student extern of chiropractic must be currently enrolled in the final academic year at an approved chiropractic school, having (1) completed all academic and clinical class requirements for the degree of Doctor of Chiropractic from that legally chartered chiropractic school, and (2) passed at least three of the four levels of National Chiropractic Board Examinations, may then practice chiropractic under the direct supervision of a duly licensed chiropractor, defined as an instructor for this purpose by the legally chartered chiropractic school. The supervising preceptor chiropractor shall be a registered chiropractor in the Commonwealth of Massachusetts, and the duly appointed chiropractor of record in the duly licensed chiropractic office or facility, to which the student extern may be assigned. The student extern shall always practice under the direct supervision and license of the preceptor chiropractor and shall not be eligible to sign legal documents generally signed by the practicing licensed supervisory clinician. The board, at its discretion from time to time, may designate other facilities or locations in which said student extern may practice chiropractic under the conditions described above. Such privileges shall be granted for a minimum of four weeks, and not exceed 16 weeks of the final academic year.
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An Act relative to certainty of continuing education for chiropractors
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H2122
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HD722
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:49:14.057'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:49:14.0566667'}]
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2122) of James Arciero relative to certainty of continuing education for chiropractors. Public Health.
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SECTION 1: Section 96 of chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 13, after the words “as approved by the”, the word “board”, and inserting in place thereof the following words:- “Massachusetts Chiropractic Society” and by striking out , in line 15, after the words “as approved by the”, the word “board”, and inserting in place thereof the following words:- “Massachusetts Chiropractic Society”.
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An Act establishing a special commission to study the use, disposal, and potential re-use of durable medical equipment in hospitals and care facilities under the jurisdiction of the Commonwealth
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H2123
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HD1081
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:53:29.123'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:53:29.1233333'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2123) of Bruce J. Ayers for an investigation by a special commission (including members of the General Court) to study the use, disposal, and potential re-use of durable medical equipment in hospitals and care facilities under the jurisdiction of the Commonwealth. Public Health.
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There is hereby established a special legislative commission to study the use, disposal and potential re-use of durable medical equipment in hospitals and health care facilities under the jurisdiction of the commonwealth.
The commission shall consist of 13 members: 2 of whom shall be the house and senate chairs of the joint committee on health care financing, who shall serve as co-chairs of the commission; 2 of whom shall be the house and senate chairs of the joint committee on public health; the secretary of elder affairs or a designee; the secretary of health and human services or a designee; the director of MassHealth or a designee; and 6 members to be appointed by the governor, 1 of whom shall be a member of the board of allied health professionals, 1 of whom shall be a representative of the Massachusetts Nurses Association, 1 of whom shall be a representative of the Massachusetts Medical Society, 1 of whom shall be a representative of the Massachusetts Health and Hospital Association, Inc., 1 of whom shall be a representative of The Massachusetts League of Community Health Centers, Inc., and 1 of whom shall be a representative of the Conference of Boston Teaching Hospitals, Inc..
All appointments shall be made no later than 14 days following the effective date of this act. The co-chairs shall convene the first meeting of the special commission within 21 days of all appointments being made.
The special commission shall meet a minimum of 4 times. The special commission shall submit its findings, along with recommendations for legislation, to the governor and the clerks of the house of representatives and the senate no later than 180 days after the effective date of this act.
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An Act enabling trained school personnel to administer life saving epinephrine treatment
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H2124
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HD1095
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:58:00.853'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:58:00.8533333'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2124) of Bruce J. Ayers relative to emergency epinephrine pens in schools. Public Health.
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SECTION 1: Section 54B of Chapter 71, as appearing in the 2014 Official Edition, is hereby amended by inserting the following after the word "lunchrooms":-
A public school district or non-public school, as defined by the department of education, may register with the department for the purpose of permitting school personnel to administer epinephrine by auto injector in a life-threatening situation during the school day when a school nurse is not immediately available, including field trips, provided that the following conditions are met:
1. the school committee, or, in the case of a non-public school, the chief administrative officer, approves policies governing the administration of epinephrine;
2. the designated school nurse leader or responsible nurse has final decision making authority about the program;
3. the school personnel authorized to administer epinephrine by auto injector are trained and tested for competency by the designated school nurse leader or responsible school nurse, or school nurses designated by this person, in accordance with standards and a curriculum established by the department;
4. the designated school nurse leader or responsible school nurse manages and has final decision making authority about the program;
5. the epinephrine is administered for an emergency case of anaphylactic shock, as deemed by a properly trained and authorized school personnel, or in accordance with an individual medication administration plan;
6. when epinephrine is administered, there shall be immediate notification of the local emergency medical services system, followed by notification of the student’s parent(s) or guardian(s) or, if the parent(s) or guardian(s) are not available, any other designated person(s), the school nurse, the student’s physician, and the school physician, to the extent possible;
Any school personnel, properly trained and authorized to administer epinephrine, who provides, administers, or assists in the administration of epinephrine to a student believed in good faith to be having an anaphylactic reaction, or is the prescriber of the epinephrine, shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the rendering of such treatment.
Epinephrine may lawfully be prescribed and dispensed to a public school district or non-public school registered with the Department. For purposes of this chapter, any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice. The school district or nonpublic school may maintain said epinephrine kit in a secure but unlocked place, as determined by the school nurse leader or responsible school.
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An Act instructing the Massachusetts Department of Public Health to study the feasibility of absorbing oversight of all “memory care” assisted living facilities and units in the Commonwealth
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H2125
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HD1115
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:03:16.347'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:03:16.3466667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-28T10:46:10.4'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-15T09:14:35.05'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2125) of Bruce J. Ayers that the Department of Public Health be directed to study the feasibility of absorbing oversight of “memory care” assisted living facilities and units in the Commonwealth. Public Health.
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Section 1. For the purpose of this legislation, the term “memory care unit” shall be defined as an assisted living facility or a unit of an assisted living facility focusing solely on the treatment of Alzheimer’s Disease, Dementia, and other diseases resulting in permanent short-term and/or long-term memory loss.
Section 2. This bill will instruct the Department of Public Health to conduct a comprehensive study of the feasibility of absorbing oversight of all memory care units of assisted living facilities in the Commonwealth from the Department of Elder Affairs. This bill will also instruct the Department of Elder Affairs to forward all pertinent information relating to this comprehensive study to the Department of Public Health.
Section 3. Transferring oversight of all memory care units of assisted living facilities in the Commonwealth from the Department of Elder Affairs to the Department of Public Health will allow for increased oversight necessary for the proper care of those suffering from permanent memory loss. There are currently 151 memory care units in the Commonwealth, most of which are incorporated as separate units of assisted living facilities, of which there are 224 in the Commonwealth. All memory care units fall under the jurisdiction of the Department of Elder Affairs, and are therefore not defined as medical units. Residents of memory care units are not referred to as patients, and do not receive the proper medical care and attention necessary for treating memory loss. Furthermore, the 224 assisted living facilities in the Commonwealth house more than 14,000 residents, yet there are only two Department of Elder Affairs Ombudsmen statewide to ensure each facility is complying with regulations. This bill will study the feasibility of transferring all oversight of memory care units in the Commonwealth to the Department of Public Health; therefore memory care units may be defined as medical units and the proper regulations and supervision may be applied to facilities caring for those suffering from permanent memory loss.
Section 4. The Department of Public Health shall be responsible for conducting a comprehensive feasibility study on absorbing oversight of all memory care units of assisted living facilities in the Commonwealth from the Department of Elder Affairs. The Department of Elder Affairs shall be instructed to forward all pertinent information relative to this comprehensive study to the Department of Public Health. The Department of Public Health shall report their findings to the Governor of the Commonwealth; the Joint Committee on State Administration and Regulatory Oversight; the Joint Committee on Public Health; the Joint Committee on Elder Affairs; the general public; and other interested parties.
Section 5. The Department of Elder Affairs shall provide the Department of Public Health with all pertinent information relating to this study no later than 90 days after passage of this legislation.
Section 6. The Department of Public Health shall provide the full findings of this study to the aforementioned parties in Section 4 no later than 2 years after passage of this legislation.
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An Act relative to the civilian certification of military medical personnel
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H2126
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HD1126
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:04:46.49'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:04:46.49'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2126) of Bruce J. Ayers relative to the civilian certification of military medical personnel. Public Health.
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Chapter 112 of the General Laws is hereby amended by inserting after section 9K the following section:-
Section 9L. (a) For the purposes of this section, "military medical personnel" shall mean an individual who has served as a medic in the United States Army, medical technician in the United States Air Force, corpsman in the United States Navy or health services technician in the United States Coast Guard and who was discharged or released from such service under conditions other than dishonorable. In order to be eligible for participation in the program established pursuant to this section, the military medical personnel shall be: (i) an active-duty transitioning service member, (ii) a veteran, as defined in clause Forty-third of section 7 of chapter 4, who has been discharged from service no longer than 1 year prior to the date of application to the program, or (iii) a member of the National Guard or Reserve.
(b) Notwithstanding any general or special law to the contrary, the department of veterans’ services, in cooperation with the department of public health and the bureau of health professions licensure, shall establish a program through which military medical personnel may practice and perform certain delegated acts that constitute the practice of medicine under the order and supervision of a registered physician in the commonwealth, licensed pursuant to this chapter; provided, that such acts shall reflect the level of training and experience of the military medical personnel and shall be within the scope of services for which the supervising physician can provide adequate supervision to ensure that accepted standards of medical practice are followed. The supervising physician shall retain responsibility for the care of the patient.
(c) Any licensed physician, professional corporation of registered physicians pursuant to chapter 156A, or licensed hospital or clinic may submit an application to the department of public health to be certified as a participating facility in the program pursuant to this section. The department of public health, in cooperation with the bureau of health professions licensure may, at their discretion, approve other facilities, organizations or locations in which military medical personnel may practice medicine under the conditions herein described.
(d) The department of veterans’ services, in cooperation with the department of public health and the bureau of health professions licensure, shall establish program requirements for participating military medical personnel, supervising physicians, licensees, and employers, including, but not limited to, special limited registration for participating military medics, and the bureau of health professions licensure shall promulgate regulations to implement the program pursuant to this section.
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An Act relative to HLTV 111 tests
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H2127
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HD1180
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:21:47.633'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:21:47.6333333'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2127) of Bruce J. Ayers relative to HIV antibody or antigen testing. Public Health.
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SECTION 1. Section 70F of chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding the above, if the person’s blood has come in contact with another person who may be infected thereby, such tests shall be performed and the result made known to the person who may have been infected despite the inability or refusal of the person to give written consent.
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An Act providing safeguards for home healthcare workers
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H2128
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HD1210
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:39:55.973'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:39:55.9733333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-26T11:31:12.4766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-26T11:31:12.4766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T11:31:12.4766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T16:02:28.6066667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-01T16:02:28.6066667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-01T16:02:28.6066667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-02-01T16:02:28.6066667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-01T16:02:28.6066667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T16:02:28.6066667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-22T13:35:51.5166667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-22T13:35:51.5166667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-22T13:35:51.5166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-22T13:35:51.5166667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-22T13:35:51.5166667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-22T13:35:51.5166667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-26T19:10:02.4166667'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2128) of Bruce J. Ayers and others for legislation to further regulate annual workplace safety training for home healthcare workers. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section XX: (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Home healthcare employer” any agency or organization employing home healthcare workers.
“Home healthcare worker” an individual who provides healthcare services in the home, including but not limited to, nurses, physical therapists, and occupational therapists.
“Workplace Violence”, conduct at the work site that is: (i) an unpermitted or harmful touching of another person; (ii) an attempt or act to use some degree of physical force on another person; or (iii) engaging in conduct that could be reasonably perceived as an intent to touch without permission, use immediate physical force or injure a particular person now or in the future, that if carried out would constitute a crime, and causes another person to reasonably believe that the person has the intent and ability to carry out such conduct.
(b) Home healthcare employers shall provide annual comprehensive workplace safety training to all home healthcare workers. Employee training shall include methods of reporting to appropriate public safety officials, bodies or agencies and processes necessary for the filing of criminal charges.
(c) each healthcare employer shall have develop and implement a program to minimize the danger of workplace violence to home healthcare workers, which shall include appropriate employee training, communication plans to ensure healthcare worker safety and a system for the ongoing reporting and monitoring of incidents and situations involving violence or the risk of violence.
(d) prior to the provision of services by a home healthcare worker, a home healthcare employer shall conduct a safety assessment of any setting in which home healthcare services are to be provided. This assessment shall include, but not be limited to (i) the patient’s current psychiatric, psychological, cognitive and emotional status, (ii) any patient history of violent behavior, (iii) any patient history of substance use disorder, (iv) the presence or anticipated presence of any other individual or individuals and any history of violent behavior associated with said individual or individuals, and (v) the presence of any weapons and how they are secured.
(e) the safety assessment shall be used to develop or modify the delivery of home healthcare services to meet both patient needs and home healthcare worker safety.
(f) home healthcare employers shall provide home healthcare workers with cellular phones or other two-way communication devices and hand-held alarms or noise devices for use during home healthcare visits.
(f) Home healthcare workers shall be permitted refuse to do provide services in any situation where the home healthcare worker has (i) where possible, requested a home healthcare employer to eliminate the danger previously and (ii) genuinely believes an imminent danger exists. Home healthcare workers shall not face a loss of compensation nor disciplinary action for refusing services if these conditions are met.
(g) Each home healthcare employer shall designate a senior manager responsible for the development and support of an in-house crisis response team for home healthcare worker-victims of workplace violence. Said team shall implement an assaulted staff action program that includes, but is not limited to, group crisis interventions, individual crisis counseling, staff victims’ support groups, home healthcare worker victims’ family crisis intervention, peer-help and professional referrals.
(h) Any home healthcare employer who violates any rule, regulation or requirement made by the department under authority hereof shall be punished by a fine of not more than $2,000 for each violation. The department or its representative or any aggrieved employee, any interested party or any officer of any labor union or association, whether incorporated or otherwise, may file a written complaint with the district court in the jurisdiction of which the violation occurs and shall promptly notify the attorney general in writing of such complaint. The attorney general, upon determination that there is a violation of any workplace standard relative to the protection of the occupational health and safety of employees or of any standard of requirement of licensure, may order any work site to be closed by way of the issuance of a cease and desist order enforceable in the appropriate courts of the commonwealth.
(i) No home healthcare worker shall be penalized by a home healthcare employer in any way as a result of such worker’s filing of a complaint or otherwise providing notice to the department in regard to the occupational health and safety of such home healthcare worker or their fellow home healthcare workers exposed to workplace violence risk factors.
(j) Not less than every 180 days, each home healthcare employer shall submit a report, on a form prescribed by the commissioner of the department, of all incidents of workplace violence reported to the home healthcare employer that involved a home healthcare worker. The report shall be submitted to the department and the office of the district attorney for the county where the incident occurred . Not more than 90 days after receiving the reports, the department shall make the aggregate data statewide and by county publicly available; provided that the department categorize the aggregate data by occupation and incident type.
SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after section 52E the following section:-
(a) Section 52F. (As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Home healthcare employer” any agency or organization employing home healthcare workers.
“Home healthcare worker” an individual who provides healthcare services in the home, including but not limited to, nurses, physical therapists, and occupational therapists.
(b) A home healthcare employer shall permit home healthcare workers to take up to 7 days of leave from work in any 12 month period if: (i) the home healthcare worker is a victim of an assault or assault and battery which occurred in the line of duty and (ii) the home healthcare worker uses the leave to seek or obtain victim services or legal assistance; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or to address other legal issues directly related to the assault or assault and battery.
(c) The leave taken pursuant to subsection (b) shall be paid.
(d) A home healthcare employer may require a home healthcare worker to provide documentation evidencing that the home healthcare worker is a victim of assault or assault and battery sustained in the line of duty and that the leave taken is consistent with the conditions of subsection (b). A home healthcare worker shall provide such documentation to the home healthcare employer within 5 business days after the home healthcare employer requests documentation relative to the home healthcare worker’s absence.
(e) A home healthcare worker seeking leave from work pursuant to subsection (b) shall provide advance notice of the leave to the home healthcare employer in accordance with the employer's leave policy; provided, however, that if a home healthcare worker is absent on an unauthorized basis, the home healthcare employer shall not take any negative action against the home healthcare worker if the home healthcare worker, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides documentation that the unauthorized absence meets the criteria of subsection (b).
(f) All information related to the home healthcare worker’s leave taken pursuant to this section shall be kept confidential by the home healthcare employer and shall not be disclosed, except to the extent that disclosure is: (i) requested or consented to, in writing, by the home healthcare worker; (ii) ordered to be released by a court of competent jurisdiction; (iii) required by federal or state law; (iv) required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or (v) necessary to protect the safety of the home healthcare worker or others employed at the workplace.
(g) No home healthcare employer shall require a home healthcare worker to exhaust all annual leave, vacation leave, personal leave or sick leave available to the home healthcare worker prior to requesting or taking leave under this section.
(h) No home healthcare employer shall coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided by this section or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.
(i) No home healthcare employer shall discharge or in any other manner discriminate against an home healthcare worker for exercising the home healthcare worker’s rights under this section. A home healthcare worker who takes leave under this section shall not lose any employment benefit accrued prior to the date on which the leave taken under this section commenced as a result of taking said leave. Upon the home healthcare worker’s return from said leave, the home healthcare worker shall be entitled to restoration to the home healthcare worker’s original job or to an equivalent position.
(j) Each home healthcare employer shall post in a conspicuous place accessible by home healthcare workers a notice prepared or approved by the department indicating the rights and responsibilities provided by this section. The notice shall be issued in English, Spanish, Chinese, Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary language of at least 10,000 or ½ of one per cent of all residents of the commonwealth. The required workplace notice shall be in English and each language other than English which is the primary language of 5 or more home healthcare workers or self-employed individuals of that workplace, if such notice is available from the department. Each home healthcare employer shall notify each home healthcare worker not more than 30 days from the beginning date of the home healthcare worker’s employment, the rights and responsibilities provided by this section, including those related to notification requirements and confidentiality.
(k) This section shall not be construed to exempt an employer from complying with chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights of any home healthcare worker under said chapter 258B, said section 14B of chapter 268 or any other general or special law.
SECTION 3. Section 13I of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
Any home healthcare worker who is the victim of assault or assault and battery in the line of duty shall be given the option of providing the address of the home healthcare employer or of the labor organization in which they are a member in good standing. In instances where the address of the home healthcare employer is used or labor organization to which the home healthcare worker is a member in good standing, the home healthcare employer or labor organization shall ensure that the individual receives any documents pertaining to the assault or assault and battery within 24 hours of receipt by the home healthcare employer or labor organization. The home healthcare employer or labor organization shall demonstrate that it has provided any and all documentation by obtaining a signature from the individual acknowledging receipt.
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An Act relative to facilitating the utilization of psychologists on the health care team
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H2129
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HD1280
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:24:59.663'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:24:59.6633333'}]
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Bill
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By Representative Balser of Newton, a petition (accompanied by bill, House, No. 2129) of Ruth B. Balser for legislation to include psychologists in the definition of nursing practice. Public Health.
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SECTION 1. Section 80B of chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word "dentists;" in line 13 the following:- psychologists practicing within their scope of practice as defined in section 118 of chapter 112;
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An Act to increase the safety of individuals with disabilities relying on life-support equipment
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H213
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HD2138
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-13T11:40:40.67'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-13T11:40:40.67'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T15:46:34.11'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T15:32:27.6633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T12:19:26.4'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:14:04.39'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-01T11:04:31.7966667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T19:00:30.31'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-01T10:24:43.9533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H213/DocumentHistoryActions
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Bill
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By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 213) of David M. Rogers and others relative to the safety of individuals with disabilities relying on life-support equipment. Children, Families and Persons with Disabilities.
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SECTION 1. Section 51D of Chapter 111 is hereby amended by striking lines 82 to 84, inclusive, and inserting thereof the following:-
(6) scheduled follow-up medical appointments or verification that such information was provided separately;
(7) descriptions of any pharmaceutical, rehabilitative, or life-supporting technology, machinery, or equipment required to maintain medical stability, together with instructions for maintenance and upkeep of said technology; and
(8) such other information as the department may require.
SECTION 2. Said section 51D is hereby further amended by adding, after the word “services” in line 154, the following:-
Prior to the release of a client of the department from acute, chronic, or long-term care from a hospital, the hospital shall communicate the discharge plan and provisions for aftercare services to registered nurse or licensed practical nurse employed at the patient’s residence or, in the case of a client with intellectual or developmental disabilities, residential facility. In the case of a client with intellectual or developmental disabilities, prior to the release of a client from a hospital, a registered nurse or licensed practical nurse who receives a discharge plan must review the discharge plan with particular adherence to requirements to maintain life-supporting technology, machinery, or equipment used in the client’s residence or residential facility, as well as any individualized education program or individualized service plan that exists under the client’s name, and must sign in writing to acknowledge a full understanding of the requirements of the discharge plan and knowledge of any individualized education program or individualized service plan. The registered nurse or licensed practical nurse shall advise any residential facility personnel, family members, and personal care attendants on the requirements of the discharge plan, as well as any hospital recommendations, to ensure constant protection and safety of the client.
SECTION 3. The department of public health shall develop guidelines and regulations as necessary to implement the provisions of this Act. The department of public health shall conduct any necessary public awareness campaigns necessary to publicize the provisions of this Act and to ensure that families of clients, hospitals, and medical facilities are aware of their respective rights and responsibilities under this Act. The department shall post on its website guidance, regulations, and any other informational materials that may assist clients’ families, hospitals, and medical facilities in the implementation of and compliance with this Act.
SECTION 4. This act shall go into effect immediately upon its passage.
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An Act protecting the health and safety of people in restaurants
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H2130
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HD1309
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:47:48.837'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:47:48.8366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2130/DocumentHistoryActions
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Bill
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By Representative Balser of Newton, a petition (accompanied by bill, House, No. 2130) of Ruth B. Balser relative to requiring choke response employee training in all restaurants. Public Health.
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Chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 305D and inserting in place thereof the following section:-
Section 305D. Each food establishment shall have on its premises, when food is being served, an employee trained in manual procedures approved by the department of public health to remove food lodged in a person’s throat. The department of public health shall adopt regulations listing all approved manual procedures which it determines may be used effectively to remove food lodged in a person’s throat. Each such food establishment shall make adequate provisions for insurance to cover employees trained in rendering such assistance. The local board of health shall notify all food establishments subject to this chapter of their obligations under the law, and provide municipal health inspectors with written fact sheets and copies of this statute, and information regarding certified training sites and organizations, for distribution to all food establishments subject to this chapter.
Each food establishment shall display on its premises, in an area that is reasonably accessible to customers, a poster that visibly instructs how to assist a person who is choking. The poster shall be developed by the department.
Any person, or employee of any person, who has been properly trained in these procedures, and in good faith, volunteers to remove or attempts to remove such food in an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person or employee in rendering such emergency assistance. Take-out only restaurants, so-called, with no customer seating on the premises, as well as food trucks, so-called, shall not be subject to this section.
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An Act to improve outdoor and indoor air quality for communities burdened by pollution
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H2131
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HD2474
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:12:04.62'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:12:04.62'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T13:33:50.41'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-12T17:13:44.0133333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-04T16:23:26.13'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-09-13T13:09:00.9133333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-20T16:38:23.1533333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-08T09:02:26.0266667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-25T10:24:34.7733333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-23T13:21:03.36'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:50:59.9633333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-09-29T14:24:46.3666667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-02-14T13:50:04.3766667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T19:38:07.4633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-02T16:12:52.96'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:42:36.6166667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-26T11:14:52.5466667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-10-12T10:14:32.7266667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-24T10:54:24.8333333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-10T15:25:58.7266667'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-03-26T22:51:30.88'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-07-18T09:50:50.6533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T17:01:06.0733333'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-03-13T10:34:45.9533333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:38:05.06'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T15:08:21.3633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T16:02:14.2666667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-04-03T12:34:50.06'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-23T15:27:10.6533333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-27T09:50:51.88'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T14:42:54.66'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T14:42:30.09'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-13T09:43:47.5066667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T13:50:53.2833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-02T12:41:05.7933333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-08T16:03:38.0333333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-22T14:51:43.3333333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-03T18:10:42.7'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-13T12:59:44.83'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-07T16:13:30.72'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-31T13:24:44.8633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T14:01:13.5466667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T14:36:20.61'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T11:12:57.2633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:15:20.9633333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-09T14:29:59.6633333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T16:18:40.8166667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:10:13.4066667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-26T16:58:50.58'}]
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T13:12:04.62'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2131/DocumentHistoryActions
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Bill
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By Representatives Barber of Somerville and Connolly of Cambridge, a petition (accompanied by bill, House, No. 2131) of Christine P. Barber, Mike Connolly and others for legislation to improve outdoor and indoor air quality for communities burdened by pollution. Public Health.
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SECTION 1.
Chapter 111 of the Massachusetts General Laws is hereby amended by adding the following definitions in section 1:
“black carbon” shall mean those fine particles less than or equal to 2.5 micrometers in diameter (also known as soot).
“environmental justice population” shall mean the populations defined in section 62 of chapter 30.
“HEPA filtration” shall mean a high efficiency particulate arrestance filtration system that removes at least 99 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-10.0 microns and is equivalent to a MERV 17, MERV 18, MERV 19, or MERV 20 filter.
“MERV 16 filter” shall mean a minimum efficiency reporting value filtration system that removes at least 95 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-10.0 microns.
“particulate matter” or “particulates” shall mean a broad class of chemically and physically diverse substances that exist as discrete particles in air, including coarse, fine, and ultrafine particles.
“fine particulate matter” or “fine particulates” shall mean particulate matter less than or equal to 2.5 micrometers in diameter.
“ultrafine particulate matter” or “ultrafine particulates” shall mean particulate matter less than or equal to .1 micrometers in diameter (.1 micrometers is equivalent to 100 nanometers).
SECTION 2.
Chapter 21A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 18A, as Section 18B, the following section:
The department of environmental protection, in consultation with the executive office of energy and environmental affairs and department of environmental health, shall convene a technical advisory committee comprised of: residents of environmental justice populations living adjacent to major highways; academics with expertise in air monitoring, environmental health, air toxics, and air pollution; and labor representatives; for the purpose of identifying communities with high cumulative exposure burdens for toxic air contaminants and criteria pollutants. The department shall convene the technical advisory committee by December 1, 2024. The technical advisory committee shall identify the likely air pollution hotspots due to high concentrations of traffic-related air pollution throughout the Commonwealth that should be equipped with new or expanded air monitors and establish a definition of “air quality” and “air quality target pollutants” that includes, but is not limited to, consideration of criteria pollutants, black carbon, and ultrafine particulate matter.
By June 30, 2026, the department of environmental protection shall install and operate stationary air monitors in at least eight air pollution hotspots that measure for at least one of the following pollutants: black carbon, nitrogen oxides, ultrafine particulate matter. By June 30, 2027, the department of environmental protection shall establish baseline air quality in air pollution hotspots. Data from the air monitors shall be publicly accessible and provide near-time information. The department of environmental protection shall work with residents of environmental justice populations to conduct participatory action research where residents can use mobile air sensors to expand the number of locations where residents can track air quality.
Once those hotspots are determined and the baseline data is established, the department of environmental protection shall set annual targets to decrease air quality target pollutants between 2026 and 2035 to improve the air quality in that location. Air monitoring data shall be collected every three years between 2026 and 2035 to measure progress toward achieving air quality target pollutants reduction targets and make such data publicly available. By December 31, 2030, the department of environmental protection shall ensure that air pollution hotspots will have achieved air quality target pollutant concentrations that are at least 50 percent below the baseline in each hotspot and certify as such by publicly reporting compliance. By December 31, 2035, the department of environmental protection shall ensure that air quality target pollutants concentrations in hotspots are at least 75 percent below the baseline in each hotspot and certify as such by publicly reporting compliance.
The department of environmental protection, in consultation with the department of public health, shall promulgate regulations for conducting indoor/outdoor assessments monitoring exposure to ultrafine particulate matter and black carbon particulate matter concentrations present in the indoor air of existing and proposed buildings, based on the best available science about the health risks associated with ultrafine particulate matter and black carbon. The department of environmental protection’s regulations shall at minimum set forth standard procedures for conducting air dispersion modeling, managing air pollution, monitoring ultrafine particulate matter, and estimating exposure.
The provisions of this chapter may be enforced by means of an action in the superior court seeking either injunctive relief, a declaratory judgment, a writ of mandamus or any combination thereof. No such action may be commenced without the plaintiff providing written notice of the violations of this chapter to defendants at least sixty (60) days prior to filing a legal action in superior court. All persons shall have standing to commence such enforcement actions. Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs who seek relief under this section.
SECTION 3.
Section 26 of Chapter 111 shall be amended by adding the following section after the first paragraph:
Boards of health shall require the installation of air filtration in eligible buildings located within 200 meters of a class 1, class 2 or class 3 roadway, marine terminal, airport, or a train station or train yard serving diesel locomotives. Eligible buildings include: (i) existing residential public housing; (ii) existing residential private multifamily housing with more than two tenant-occupied units; (iii) existing public schools serving students of any age in grades kindergarten through twelfth grade; (iv) existing private schools serving students of any age in grades kindergarten through twelfth grade; (v) existing charter schools serving students of any age in grades kindergarten through twelfth grade; (vi) existing college and university buildings with one or more classrooms; (vii) existing commercial buildings with businesses that have five or more full-time employees; and (viii) existing correctional facilities, including prisons and jails. Boards of health shall require that air filtration be maintained throughout the building operation.
The department of environmental protection, in consultation with the department of public health, department of elementary and secondary education, and executive office of administration and finance, shall identify funding sources to provide incentives for eligible buildings that are schools, private housing, and public housing to cover the cost of installing air filtration equipment.
Air filtration equipment installed in eligible buildings that are schools, commercial buildings greater than 20,000 square feet, and residential buildings with more than 10 units shall be MERV 16 or other equipment that removes at least the same amount of ultrafine particulate matter as a MERV 16 filter.
SECTION 4.
Section 4A of chapter 15D of the General Laws, as so appearing, is hereby amended by adding the following paragraph:
(e) The department of early education and care shall issue a new original license for a school age child care program, day care center, family day care system, group care facility or temporary shelter facility, family day care home or large family day care home which is not a part of a family day care system, as defined in section 1A of chapter 15D of the General Laws, only after the applicant has:
(1) carried out the indoor/outdoor assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate the concentration of fine, ultrafine, and black carbon particles in indoor air is or will be mitigated to at least 80 percent below outdoor air concentrations; or
(2) installed a MERV 16 filter in mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.
(f) No license shall be issued until acceptable mitigation has been installed and is functioning.
SECTION 5.
Section 1A of chapter 40A of the General Laws, as so appearing is hereby amended by inserting before the definition of “permit granting authority” the following definitions:
“construction” shall mean new construction or rehabilitation up to 50 percent of assessed value.
“hospital” shall mean any institution in the Commonwealth of Massachusetts, however named, whether conducted for charity or for profit, which is advertised, announced, established or maintained for the purpose of caring for persons admitted thereto and staying overnight for diagnosis or medical, surgical or restorative treatment which is rendered within said institution; but shall not include clinics, day surgery centers, dialysis centers, or other such health care facilities which do not admit patients overnight.
“long-term care facility” shall mean any institution whether conducted for charity or profit which is advertised, announced or maintained for the express or implied purpose of providing three or more individuals admitted thereto with long-term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons. Long-term care facility shall include convalescent or nursing homes, rest homes, and charitable homes for the aged.
“particulate matter mitigation” shall mean strategies, structural and nonstructural, that verifiably reduce indoor ultrafine particle levels by 80 percent, relative to outdoor levels.
“publicly funded” shall mean any entity or institution which receives federal, state or municipal monies, grants, and/or subsidies.
“publicly subsidized” shall mean any project receiving any form of direct funding, loan, loan guarantee, tax credit, TIF funding, publicly bonded funds, or property tax incentives, issued or granted by any public or quasi-public entity.
“school” shall mean any public or private institution primarily engaged in the education of persons aged 18 years and younger. This definition does not include institutions of higher education.
SECTION 6.
Section 94 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting the following paragraphs after section (r):
(s) No permit granting authority shall grant a building permit for any proposed residential development, hospital, school, long-term care facility, school aged child care program, day care center, family day care home or large family day care home which is not a part of a family day care system, family day care system, or group care facility or temporary shelter facility as defined in section 1A of chapter 15D of the General Laws unless:
(a) the owner or applicant carries out an indoor/outdoor particulates assessment consistent with the regulations adopted pursuant to section 18B of chapter 21A of the General Laws, and the assessment results indicate that the concentration of ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or
(b) the owner or applicant has installed a MERV 16 filter in the building’s mechanical ventilation system.
SECTION 7.
Subsection a of section 6 of chapter 70B of the General Laws, as so appearing, is hereby amended by inserting after subparagraph (6) the following paragraph:
(7) If the school project includes structures, apart from parking structures and accessory structures, as defined in Section 21 of Chapter 17 of the General Laws or a train station or train yard serving diesel locomotives, the applicant shall:
(a) carry out the indoor/outdoor particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate that the concentration of ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or
(b) install a MERV 16 filter in the mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.
SECTION 8.
Section 51 of Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:
No original license shall be issued to establish a hospital so as to place structures inhabited by patients unless the developer:
(1) has carried out the indoor/outdoor particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate that indoor ultrafine particulate matter and black carbon levels are or will be mitigated to at least 80 percent below that of outdoor levels. In the case of a facility previously licensed as a hospital in which there is only a change in ownership, no such particulates assessment shall be required, in the absence of expansions or new construction; or
(2) has installed a MERV 16 filter in the mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.
SECTION 9.
Section 71 of Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:
No original license shall be issued to establish a convalescent or nursing home, rest home or charitable home for the aged so as to place residential structures unless the developer:
(1) has carried out the particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate indoor ultrafine particulate matter and black carbon levels are or will be mitigated to at least 80 percent below those of outdoor levels. In the case of a facility previously licensed in which there is only a change in ownership, no such health risk assessment shall be required, in the absence of expansion or new construction; or
(2) has installed a MERV 16 filter in the mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.
SECTION 10.
Section 1 of chapter 111 of the General Laws is hereby amended by inserting the following definitions:
“Indoor mold,” visible living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins, on an interior surface of a building, including common spaces, utility spaces, HVAC, or other systems.
“Indoor mold assessment,” an indoor mold assessment conducted by an indoor mold remediation professional.
“Indoor mold hazard,” indoor mold growth of ten square feet (10 ft.2) or more in an affected area.
“Owner,” as provided in section 189A of chapter 111.
“Premises,” any residential premises, dwelling unit, or residential property.
SECTION 11.
Section 127A of chapter 111 shall be amended to add the following section after the second paragraph:
Section 1.
(a) An owner leasing a premises shall notify tenants of the premises and prospective tenants who are about to enter an agreement to rent the premises about the hazards of indoor mold as follows:
(1) The department shall, by July 1, 2024, prepare a standard notification brochure and such other materials as may be necessary to inform occupants and owners about the hazards associated with indoor mold; measures which can be taken by occupants and owners to reduce the risk of indoor mold; and tenants’ rights and owners’ obligations pursuant to sections 127A, 127B, and 127C of chapter 111, inclusive, and regulations promulgated thereunder. Such materials shall also describe the need for tenants to promptly notify owners of the appearance of indoor mold. The department shall produce these materials in multiple languages other than English to accommodate the diverse multicultural population of Massachusetts.
(2) The department shall, by July 1, 2024, prepare a disclosure form for owners to provide the following notice to tenants and prospective tenants:
(i) Prior violations of the State Sanitary Code involving indoor mold or moisture, within the past three years; and
(ii) Current instances of indoor mold on the premises, of which the owner knows, or has reasonable cause to believe exist.
(3) Effective August 1, 2025, prior to entering into a tenancy agreement, the owner of a premises, or such other person to whom rent is to be regularly paid, shall provide any prospective tenant who is about to enter such an agreement to rent the premises with, and the prospective tenant shall sign prior to entering into a tenancy agreement:
(i) A copy of the materials specified in subsection (1);
(ii) A written disclosure on the form specified in subsection (2) regarding any existing indoor mold on the premises, when the owner knows, or has reasonable cause to believe, that such indoor mold is present.
(4) Effective August 1, 2025, prior to any renewal of an existing tenancy agreement, the owner of premises, or such other person to whom rent is to be regularly paid, shall provide the tenant with the materials specified in subsection (3).
(b) All persons selling a premises shall, prior to the signing of a purchase and sale agreement, provide the prospective purchaser with the materials specified in subsection (3). The prospective purchaser shall sign these materials prior to the signing of a purchase and sale agreement. The department may adapt these materials as appropriate for the context of real estate purchases.
Section 2. Inspection Requirements.
(a) Notwithstanding sections 3(b) and 4, an owner shall inspect or hire a third party to inspect for indoor mold in all occupied premises and in common areas at least once a year between the months of June and August and more often, if necessary, such as when, in the exercise of reasonable care, an owner knows or should have known of a condition that is reasonably foreseeable to cause indoor mold, or an occupant makes a complaint concerning a condition that is likely to cause indoor mold or requests an inspection, or the department issues a notice of violation or orders the correction of a violation that is likely to cause indoor mold.
(b) An owner who receives written or electronic notice from a tenant that indoor mold or suspected indoor mold exists in the premises or in a common area of the property shall inspect the property within five (5) calendar days.
(c) An owner who conducts or provides for an inspection under subsections (a) and (b) within five (5) calendar days of such inspection shall:
(1) Provide written, in the form of paper or electronic, notice to the tenant that states:
(i) That the owner inspected the apartment for indoor mold; and
(ii) Whether the owner found indoor mold and, if so, whether the indoor mold constitutes an indoor mold hazard.
(2) Report to the local board of health:
(i) The information specified under subsection (c)(1), provided the inspection is an annual inspection required under subsection (a), or any other inspection where the inspection reveals an indoor mold hazard.
(ii) The receipt of any written or electronic complaint from the tenant regarding indoor mold or suspected indoor mold.
(d) Local boards of health will keep a record of, and make public, the information received under subsection (c)(2) through a publicly accessible online database.
Section 3. Remediation Requirements.
(a) The presence of indoor mold in a leased premises constitutes a violation of the State Sanitary Code. Owners of leased premises shall take reasonable measures to keep such premises free from indoor mold and from any condition conducive to indoor mold and shall take reasonable measures to prevent the reasonably foreseeable occurrence of such conditions and shall expeditiously take reasonable measures to remediate such conditions and any underlying defect, when such underlying defect exists, consistent with this section and the rules promulgated thereunder.
(b) If an inspection or examination as provided for in section 3 or the State Sanitary Code reveals the presence of indoor mold, the owner shall:
(1) Cause the indoor mold to be remediated in accordance with subsections (c) or (d), as applicable;
(2) Begin necessary remediation or contract in writing with a third party within five (5) days of the inspection provided for in section 3 or receiving notice of a violation pursuant to the State Sanitary Code, unless a shorter timeframe is ordered by the local board of health; and
(3) Make a good faith effort to substantially correct all violations within thirty (30) days of the inspection provided for in section 3 or receiving notice of a violation pursuant to the State Sanitary Code, unless a shorter timeframe is ordered by a local board of health.
(c) If remediation of indoor mold is required under subsection (b) and the indoor mold is not an indoor mold hazard, the owner shall:
(1) Remediate the indoor mold in accordance with the guidelines established under subsection (e)(2); and
(2) Within five (5) days of the completed remediation of the indoor mold:
(i) Provide written or electronic notice to the tenant stating that the indoor mold is remediated; and
(ii) Report to the local board of health that the indoor mold is remediated. Local boards of health will keep a record of, and make public, this report.
(d) If remediation of indoor mold is required under subsection (b) and the indoor mold is an indoor mold hazard, the owner shall:
(1) Cause an indoor mold remediation professional to remediate the indoor mold hazard. The indoor mold remediation professional shall remediate the indoor mold hazard in accordance with the performance standards and work practices established under subsection (e)(1); and
(2) Within five (5) days of the completed remediation of the indoor mold:
(i) Provide written or electronic notice to the tenant stating that the indoor mold is remediated; and
(ii) Inform the local board of health of the violation and request an inspection following the remediation, provided that the local board of health is not aware of the violation and does not plan to conduct a follow-up inspection pursuant to the State Sanitary Code. Local boards of health will keep a record of, and make public, this report, through a publicly accessible online database.
(e) Consistent with applicable U.S. Environmental Protection Agency or U.S. Department of Labor, Occupational Safety and Health Administration guidelines and regulations relating to the assessment and remediation of mold, within one year of the effective date the department shall:
(1) Establish minimum performance standards and work practices for conducting professional indoor mold remediation in Massachusetts, including the use of a moisture meter before and following remediation to ensure that moisture levels for building materials are at appropriate levels as determined by the department.
(2) Establish guidelines for the safe and effective remediation of indoor mold that is not an indoor mold hazard. At a minimum, these guidelines shall require an owner to:
(i) Investigate and correct any underlying defect, including moisture or leak conditions, that are causing or may cause mold violations;
(ii) Remove or securely cover with plastic sheeting any furniture or other items in the work area that cannot be removed;
(iii) Minimize the dispersion of dust and debris from the work area to other parts of the dwelling unit through methods such as: sealing ventilation ducts/grills and other openings in the work area with plastic sheeting; isolating the work area with plastic sheeting and covering egress pathways; cleaning or gently misting surfaces with a dilute soap or detergent solution prior to removal; the use of HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at the point of dust generation;
(iv) Clean mold with soap or detergent and water;
(v) Remove and discard materials that cannot be cleaned properly;
(vi) Properly remove and discard plastic sheeting, cleaning implements, and contaminated materials in sealed, heavy weight plastic bags;
(vii) Clean any remaining visible dust from the work area using wet cleaning methods or HEPA vacuuming; and
(viii) Leave the work area dry and visibly free from mold, dust, and debris.
(f) Failure of the department to issue minimum performance standards, work practices, and guidelines shall not excuse an owner from the remediation requirements under this section.
(g) If mold remediation required under subsection (b) results in the premises being uninhabitable, the owner shall pay for the cost of a hotel or other reasonable alternative housing arrangement during the mold remediation for each 24-hour period for which the premises is uninhabitable.
Section 4. Fines.
(a) An owner who violates any provision of this section, or the rules promulgated thereunder, shall be punishable by fine as follows:
(1) By a fine of not less than $250 nor more than $500 for each violation of section 2, section 3, and section 4(b), 4(c), and 4(d).
(2) If remediation is not completed within the required timeframe under section 4(b), each subsequent day until remediation is completed constitutes a separate violation under subsection (a)(1).
Section 5. Indoor Mold Assessment and Remediation Fund.
(a) There is established the Indoor Mold Assessment Fund, which shall be administered by the department in accordance with subsection (c) of this section.
(b) The Fund shall consist of the revenue from: fees collected in accordance with subsection (d) of section 4; fines collected in accordance with section 6; and any other money accepted for the benefit of the Fund.
(c) The Fund shall be used to meet the department’s education and research support obligations under section 6; and to provide financial assistance grants to low-income residents for the purpose of having a professional mold assessment conducted in their premises in the event that the owner fails to comply with the requirements in sections 2 through 4 or for small property owners of buildings up to nine units for the purpose of covering mold assessments and inspections.
Section 6. Education and Research Support.
(a) The department shall create educational materials and guidance to support owners in meeting their obligations under sections 2 through 4.
(b) The department shall promulgate a comprehensive written procedure to guide local boards of health and code enforcement agencies in implementing and enforcing sections 2 through 7.
(c) The department shall institute an educational and publicity program, to inform the general public, and particularly owners, tenants, local boards of health and code enforcement agencies, and health services personnel, of: the dangers of mold; the causes of mold and how to identify these causes; occupant behaviors that can contribute to indoor mold growth; and methods for preventing and remediating mold growth.
(d) The department shall prioritize the use of available funding sources to fund research focused on the health impacts of mold and strategies for mitigating mold.
(e) The department shall seek comments from time to time from residents of environmental justice populations as defined by section 62 of chapter 30 of the general laws regarding mold and air quality concerns.
Section 7. Violations/Remedies for Injured Tenants.
(a) In a private cause of action, claim, or defense by a tenant against an owner for a violation under this Section:
(1) A professional indoor mold assessment finding indoor mold contamination in a leased premises or a common area of the property shall create a rebuttable presumption of a violation of the owner's obligation to maintain the premises as required under this Section and the State Sanitary Code. To establish the presumption, the tenant must demonstrate that the owner received a professional indoor mold assessment in written or electronic form that determined that indoor mold contamination existed in the tenant's leased premises.
(2) When ruling in favor of a tenant with respect to a violation of this Section or the State Sanitary Code based on a professional indoor mold assessment, the court shall have discretion to reimburse indoor mold assessment costs and award attorney fees and court costs to the tenant. The court may award treble damages to a tenant when:
(i) The tenant discovered the indoor mold;
(ii) A professional indoor mold assessment determined that indoor mold contamination existed in the tenant's premises;
(iii) The owner received the indoor mold assessment in written or electronic form;
(iv) The owner did not remediate the indoor mold within the timeline required under section 4; and
(v) The court finds that the residential property owner acted in bad faith.
(b) The housing court department established pursuant to section 1 of chapter 211B shall establish a dedicated process to handle claims involving a violation of this Section or violation of the State Sanitary Code involving mold. This process shall include the opportunity for mediation prior to a hearing.
SECTION 12.
(1) Notwithstanding any special or general law, rule or regulation to the contrary the board of building regulations and standards shall, commencing with the next edition of the International Energy Conservation Code adopted after January 1, 2022 under section 94 of chapter 143 of the General Laws, adopt, approve, codify, and publish mandatory building standards:
(a) for mandatory building standards for the installation of air filtration systems at a minimum of MERV 16; and
(b) do not permit the installation of gas stoves for use in residential construction.
(2) In proposing and adopting standards and regulations under this section, the Board of Building Regulations and Standards shall actively consult with interested parties, including, but not limited to, the Department of Public Health and the Department of Energy Resources.
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An Act to close the achievement gap by addressing disparities in children's vision
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H2132
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HD1209
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T11:33:19.187'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T11:33:19.1866667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T11:39:45.6933333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-04-05T12:44:48.74'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-05T13:24:33.4766667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-04-05T15:35:08.5533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T16:02:37.9566667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-04-05T15:24:43.4966667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-06T11:53:56.7133333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:59:42.09'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:56:29.14'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:11:55.21'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T13:35:39.74'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-04-03T22:30:16.5133333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T10:31:03.6266667'}]
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T11:38:14.61'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2132/DocumentHistoryActions
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Bill
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By Representatives Barber of Somerville and Garballey of Arlington, a petition (accompanied by bill, House, No. 2132) of Christine P. Barber, Sean Garballey and others for legislation to establish a children’s vision and eye health advisory council. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding after section 237 the following 2 sections:-
Section 238. There shall be a children’s vision and eye health advisory council within the department.
The council shall be appointed by the commissioner, who shall serve as chair, and shall consist of 13 additional members, including the commissioner of the Department of Elementary and Secondary Education, or a designee; the Commissioner of Early Education and Care, or a designee; the Assistant Secretary for MassHealth, or a designee; 1 member of the Massachusetts School Nurse Organization; 1 member of the Massachusetts Society of Optometrists; 1 member of the Massachusetts Society of Eye Physicians and Surgeons; 1 member of the Massachusetts Chapter of the American Academy of Pediatrics; 1 member of the Massachusetts Academy of Family Physicians; 1 representative from the Massachusetts League of Community Health Centers; 1 member of the Massachusetts Federation for Children with Special Needs; 1 member of the Children’s Vision Massachusetts Coalition; 3 parents to be appointed by the commissioner, one of whom shall be a recipient of MassHealth, and one of whom shall reside in a gateway city. The commissioner may appoint additional members that the commissioner deems appropriate.
Council members shall receive no compensation for their services, but shall be allowed actual and necessary expenses in the performance of their council duties.
The council shall consult with and advise the department on matters related to the establishment, maintenance, operation and evaluation of children’s vision and eye health in the Commonwealth, including but not limited to the universal children’s vision surveillance registry, public health campaigns designed to encourage improved children’s eye health, and expansion of screening systems to other age groups. The council shall establish recommendations for improved children’s vision and eye health to facilitate short and long-term vision and eye health goals.
The advisory council shall report findings and recommendations annually to the Joint Committee on Public Health and Joint Committee on Ways and Means.
SECTION 2. Chapter 111 of the General Laws is further amended by adding after section 238 the following section:-
Section 238A. The department shall establish, maintain, and operate a computerized registry of children’s vision screening and eye care. The registry shall record the results of vision and eye health screenings and follow-up eye care and shall include appropriate controls to protect the security of the system and the privacy of the information.
The department shall promulgate rules and regulations to implement children’s vision registry.
All licensed healthcare providers practicing who administer vision and eye health screenings and eye exams shall report to the registry such data related to screenings as the department determines is necessary to ensure adequate and equitable eye care.
Information in the registry shall only be released from the registry to the following individuals and agencies without further express consent of the individual or the individual’s parent or guardian if the individual is a minor, unless the individual or the parent or guardian objects to such disclosure: (1) licensed health care providers providing direct care to the individual patient; (2) preschool, elementary and secondary school nurses; (3) staff of state agencies or state programs whose duties include education and outreach related to the improvement of children’s eye care amongst their clients.
The department may designate appropriate users who shall have access only to the individually identifiable information for which access is authorized. Authorized users, including employees of the department, who in good faith disclose or refuse to disclose information to the immunization registry, shall not be liable in any cause of action arising from the disclosure or nondisclosure of such information. The department may revoke access privileges for just cause.
Persons authorized by the commissioner may conduct research studies to further enhance understanding of children’s vision needs in the Commonwealth; provided, however, that the researcher shall submit a written request for information and shall execute a research agreement that protects the confidentiality of the information provided.
Information contained in the children’s vision registry shall be confidential, shall not constitute a public record, and shall not otherwise be disclosed, except in accordance with this section. Such confidential information shall not be subject to subpoena or court order, and shall not be admissible as evidence in any action of any kind before a court, tribunal, agency, board or person.
The department shall establish procedures that allow for an individual, or if the individual is a minor, then the individual’s parent or guardian to amend incorrect information in the children’s vision registry and shall provide, upon request, a record of all individuals and agencies that have accessed an individual’s information.
SECTION 32. Section 57 of chapter 71, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the words “the individual request of a parent or guardian of a pupil in”,
SECTION 43. Said section 57 of said chapter 71, as so appearing, is hereby further amended by inserting, in line 27, after the word “entering”, the following words:-
“preschool or”
SECTION 54. Said section 57 of said chapter 71, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION 65. Said section 57 of said chapter 71, as so appearing, is hereby further amended by inserting, in line 52, after the word “personnel”, the following words:- and the children’s vision registry established in section 238A of chapter 111.
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An Act relative to hormonal contraceptives
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H2133
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HD2263
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T11:56:36.103'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T11:56:36.1033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T11:57:20.2866667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-06-29T12:46:48.68'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-24T12:14:35.0033333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-04T16:24:16.3766667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-27T11:10:01.3866667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-03-14T12:09:35.4533333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-06-15T11:32:22.3933333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T16:22:34.82'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-06-08T10:29:06.57'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:27:04.58'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:39:48.06'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:05:00.0433333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T18:58:20.7666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:09:19.6566667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T12:31:02.0433333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-06-10T10:17:58.9366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:15:32.94'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-24T10:18:00.4166667'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-06-14T15:36:59.78'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-06-13T12:21:08.65'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-06-08T08:43:07.6533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-20T12:25:22.6266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-06-25T08:26:34.72'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-27T01:29:36.31'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-23T16:29:44.21'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-06-08T11:37:16.7333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T22:15:40.9533333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-06-21T10:18:28.2166667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-08T10:18:00.9833333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-06-08T11:44:49.8533333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-24T12:23:03.1066667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-07-13T13:10:33.8466667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-02T15:06:33.53'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-07T16:06:06.2666667'}]
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T11:56:36.103'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2133/DocumentHistoryActions
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Bill
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By Representatives Barber of Somerville and Sabadosa of Northampton, a petition (accompanied by bill, House, No. 2133) of Christine P. Barber, Lindsay N. Sabadosa and others relative to hormonal contraceptives. Public Health.
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SECTION 1. Chapter 94C, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 19D, the following section:-
Section 19E. A registered pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to any person, regardless of whether the person has evidence of a previous prescription from a primary care practitioner or women’s health care practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive.
The board shall adopt rules to establish, in consultation with the Massachusetts Medical Board, the Massachusetts State Board of Nursing and MassHealth, and in consideration of guidelines established by the American Congress of Obstetricians and Gynecologists, standard procedures for the prescribing of hormonal contraceptive patches and self-administered oral hormonal contraceptives by pharmacists. The rules adopted under this subsection must require a pharmacist to:
(a) Complete a training program approved by the State Board of Pharmacy that is related to prescribing hormonal contraceptive patches and self-administered oral hormonal contraceptives;
(b) Provide a self-screening risk assessment tool that the patient must use prior to the pharmacist’s prescribing the hormonal contraceptive patch or self-administered oral hormonal contraceptive;
(c) Refer the patient to the patient’s primary care practitioner or women’s health care practitioner upon prescribing and dispensing the hormonal contraceptive patch or self-administered oral hormonal contraceptive;
(d) Provide the patient with a written record of the hormonal contraceptive patch or self-administered oral hormonal contraceptive prescribed and dispensed and advise the patient to consult with a primary care practitioner or women’s health care practitioner; and
(e) Dispense the hormonal contraceptive patch or self-administered oral hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription.
The rules adopted must prohibit a pharmacist from requiring a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of a hormonal contraceptive patch or self-administered oral hormonal contraceptive.
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An Act relative to collaborative drug therapy management optimization
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H2134
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HD384
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T14:26:34.94'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T14:26:34.94'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-06-14T09:39:41.4966667'}]
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Bill
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By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2134) of Christine P. Barber relative to collaborative drug therapy management optimization. Public Health.
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Notwithstanding section 24 B1/2 of chapter 112 of the General Laws or any other general or special laws to the contrary, collaborative drug therapy management may be allowed in ambulatory care clinics licensed pursuant to section 51 of chapter 111 of the General Laws if: (i) there is on-site or off-site supervision by the attending physician and a collaborating pharmacist; and (ii) collaborative drug therapy management is approved by the ambulatory care clinic's medical staff executive committee or designee or medical director or designee.
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An Act relative to removing barriers to care for physician assistants
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H2135
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HD866
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-17T14:33:05.583'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-17T14:33:05.5833333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-06T11:02:41.73'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T14:56:27.2566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:08:26.6366667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-03-13T17:47:11.7'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-04-06T10:48:40.6466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-13T16:56:49.33'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:25:25.3566667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-25T10:56:12.8066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2135/DocumentHistoryActions
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Bill
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By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2135) of Christine P. Barber and others relative to the licensing, supervision and scope of practice of physicians assistants. Public Health.
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SECTION 1. Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 7 by striking in section (g) the following, “pursuant to guidelines mutually developed and agreed upon by the supervising physician and the physician assistant,” and by further striking in the second sentence the following, “the board of registration in medicine”
SECTION 2. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 9E by striking in line 2 the following: “when such services are rendered under the supervision of a registered physician. Such supervision shall be continuous but shall not require the personal presence of the supervising physician or physicians.” and inserting instead thereof, “…when such services are within the education, training and experience of the physician assistant and which the physician assistant is competent to perform.”
SECTION 3. Said Chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby further amended in section 9E by striking in the second paragraph the following: “as determined by a supervising physician” and further striking from the same paragraph the following: “...in assisting physicians in private practice, in group practices or in health care facilities, consistent with any applicable bylaws and policies of such facilities.”
SECTION 4. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended in section 9E by striking in the fourth and fifth paragraph the following: “If a physician assistant is employed by a physician or group of physicians, the assistant shall be supervised by and shall be the legal responsibility of the employing physician or physicians. The legal responsibility of such assistant shall remain that of the employing physician or physicians at all times including occasions when the assistant, under the direction and supervision of the employing physician or physicians, aids in the care and treatment of patients in health care facilities.”
If a physician assistant is employed by a health care facility, the legal responsibility for his actions and omissions shall be that of the employing facility. Such physician assistants shall be supervised by registered physicians. Such physician assistants employed by health care facilities shall not be utilized as the sole medical personnel in charge of emergency or outpatient services or any other clinical service where a physician is not regularly available.” and inserting instead thereof the following, “"The legal responsibility of the physician assistant shall remain that of the individual physician assistant, employing physician, group of physicians, or healthcare facility as part of the healthcare team responsible for the care and treatment of the patient"
SECTION 5. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended in section 9E by adding the following paragraphs: “A Physician Assistant must practice for at least 2,000 hours, within the context of a collaborative agreement, within a hospital or integrated clinical setting where physician assistants and physicians work together to provide patient care. The physician assistant shall submit written evidence to the board with the application, or upon completion of the required collaborative practice experience. A collaborative agreement is a mutually agreed upon plan for the overall working relationship between the physician assistant and one or more physicians that designates the scope of collaboration necessary to manage the care of patients. The physician assistant and collaborating physician(s) must have experience in providing care to patients with the same or similar medical problems. Nothing in this section shall allow a physician assistant to open their own practice and practice independently. Notwithstanding any other provisions of law, a physician assistant may bill separately for services rendered.”
SECTION 6. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 9F by striking in the third paragraph the following: “in consultation with the board of registration in medicine, and consistent with the authority of the board of registration in medicine over the supervising physician and the practice of medicine”
SECTION 7. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 9I by striking in the third paragraph the following: “and the name and address of any supervising physician.”
SECTION 8. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended in section 9I by striking in the fourth paragraph the following: “change of supervising physician.”
SECTION 9. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 12B by striking in line 3 the following: “or supervising”
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An Act relative to CPR recertifications
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H2136
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HD654
| 193
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{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:22:14.333'}
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[{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:22:14.3333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2136/DocumentHistoryActions
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Bill
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By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 2136) of Donald R. Berthiaume, Jr., relative to cardiopulmonary resuscitation recertification. Public Health.
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SECTION 1. Section 201 of Chapter 111 of the General Laws, as appearing in the 2014 Official Edition is hereby amended by striking out in line 17 the words “each year” and inserting in place thereof the following words:- every two years
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An Act relative to student safety in interscholastic athletic activities
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H2137
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HD3841
| 193
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{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-20T10:26:05.98'}
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[{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-20T10:26:05.98'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-22T10:29:20.1733333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-22T10:29:20.1733333'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-03-22T10:29:20.1733333'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-03-22T10:29:20.1733333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-22T10:29:20.1733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-22T10:29:20.1733333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-22T10:29:20.1733333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-22T10:29:20.1733333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-22T10:29:50.86'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-03-22T10:29:50.86'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-04-11T16:41:47.35'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-11T16:41:47.35'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-11T16:41:47.35'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-27T15:19:20.2366667'}]
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Bill
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By Representative Biele of Boston, a petition (accompanied by bill, House, No. 2137) of David Biele relative to student safety in interscholastic athletic activities. Public Health.
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SECTION 1. Section 54A of chapter 71 of the general laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the words “eleven C“, in line 3, the following words:- or a licensed athletic trainer, who have completed the annual head injury safety training, as required by 105 CMR 201.007.
SECTION 2. Said section 54A of said chapter 71 is hereby further amended by inserting at the end thereof the following new paragraph:- A licensed athletic trainer shall be employed by a superintendent or school committee at every high school in the commonwealth offering interscholastic athletic activities.
SECTION 3. Section 8A (b)(7) of chapter 69 is hereby amended by inserting the word “athletic” after “coaches” and before “trainers”. Section 8A (c) of chapter 69 is hereby amended by inserting the word “athletic” after “coaches” and before “trainers”.
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An Act relative to menstrual product ingredient disclosure
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H2138
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HD504
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-13T12:43:25.173'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-13T12:43:25.1733333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-17T14:57:37.1466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T09:26:30.14'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:28:13.3033333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:37:34.8166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:28:26.0333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T16:04:34.4466667'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-31T12:37:14.7066667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T18:45:32.25'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-08T10:09:04.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2138/DocumentHistoryActions
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 2138) of Natalie M. Blais and others relative to menstrual product ingredient disclosure. Public Health.
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SECTION 1. Chapter 94 of the General Laws is hereby amended by adding the following section:-
Section 330. (a) For the purposes of the section the following words shall have the following meanings:
“Ingredient”, an intentionally added substance present in the menstrual product.
“Menstrual product”, a product used to collect menstruation and vaginal discharge including, but not limited to, tampons, pads, menstrual cups, disks, sponges and menstrual underwear, whether disposable or reusable.
“Manufacturer”, (i) a person or entity that manufactures a menstrual product and whose name appears on the product label; or (ii) a person or entity for whom the product is manufactured or distributed, as identified on the product label pursuant to 15 U.S.C. chapter 39 the Fair Packaging and Labeling Act.
(b) On each package or box, containing menstrual products manufactured for sale or distribution in the commonwealth, a manufacturer shall have printed a label with a plain and conspicuous list of all ingredients, which shall be listed in order of predominance. The label shall be typed in visible print, a minimum font size of 10 points and displayed on the outside of the package or box.
(c) A manufacturer shall change the label on a menstrual product because of a change to an ingredient or addition of a new ingredient. The manufacturer shall make the change within 12 months of the change or addition of the ingredient.
(d) A manufacturer of a menstrual product that is manufactured for sale or distribution in the commonwealth shall post on an internet website, in an electronically readable format, the ingredient information that is required to be disclosed on a package or box containing menstrual products pursuant to subsection (b).
(e) A manufacturer shall revise information disclosed online due to a change in an ingredient or addition of a new ingredient. The manufacturer shall make the revision no later than 6 months after the change or addition of the ingredient.
(f) The requirements of this section shall apply in addition to any other labeling requirements established pursuant to the General Laws.
(g) Whoever manufactures a menstrual product in violation of this section shall be punished by a fine of $1,000 dollars.
SECTION 2. This act shall take effect 12 months upon passage.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act to increase patient access to certain health care services
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H2139
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HD3781
| 193
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{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:20:40.057'}
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[{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:20:40.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2139/DocumentHistoryActions
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Bill
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By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 2139) of Nicholas A. Boldyga relative to patient access to certain health care services. Public Health.
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The following portions of Section 25B of chapter 111 of the General Laws are hereby amended to read as follows:
“Health care facility”, a hospital or clinic, as defined in section fifty-two; a long-term care facility, a convalescent or nursing home, a rest home or a charitable home for the aged, as defined in section seventy-one; a clinical laboratory subject to licensing under chapter one hundred and eleven D, a public medical institution, which is any medical institution, and, after December first, nineteen hundred and seventy-two, any institution for the developmentally disabled or mentally ill, supported in whole or in part by public funds, staffed by professional, medical and nursing personnel and providing medical care, in accordance with standards established through licensing, approval or certification for participation in the programs administered under Titles 18 and 19 of the Federal Social Security Act, by the department; and
any part of such facilities; provided, however, that “health care facility” shall not include a facility operated by and for persons who rely exclusively upon treatment by spiritual means through prayer for healing, in accordance with the creed or tenets of a church or religious denomination and in which health care by or under the supervision of doctors of medicine, osteopathy, or dentistry is not provided; nor shall “health care facility” include ambulatory surgical centers.
“New technology”, equipment as defined by the department, or a service, as defined by the department, which for reasons of quality, access or cost is determined to be new technology by the department; provided, however, that computerized tomography and any equipment widely utilized as standard diagnostic treatment or therapeutic technology shall not be considered new technology and provided further that air ambulance service shall not be considered a new service.
“Substantial change in services”, shall mean: (1)(a) with regard to acute-care hospitals only, the addition or expansion of, or conversion to, innovative service regardless of whether an expenditure minimum is exceeded; (b) for any acute-care hospital, the addition or expansion of, or conversion to any services which may be provided by facilities which are not acute-care hospitals; except that conversions of acute-care services to skilled nursing, rehabilitation, acute psychiatric, and substance abuse services located in an underbedded areas shall be determined by criteria developed by the department in consultation with the department of elder affairs, department of mental health, the Massachusetts federation of nursing homes, the Massachusetts hospital association and other interested parties, and that no such conversion shall occur until the department has certified in writing the conversions meet the criteria established. The department shall promulgate regulations to implement the provisions of said criteria for underbedded areas including, but not limited to medicaid access, and regulations to define criteria for reconversion; and (2) for any health care facility other than an acute-care hospital (a) the addition of a service which entails annual operating costs in excess of the expenditure minimum determined pursuant to this section; (b) any increase in bed capacity of more than twelve beds; (c) the addition or expansion of, or conversion to an innovative service regardless of whether an expenditure minimum is exceeded; (d) provided, however, that no decrease in the level of a service that, pursuant to department regulations, may be offered by a nursing, convalescent, or rest home which does not involve a capital expenditure in excess of eight hundred thousand dollars shall be subject to the provisions of sections twenty-five C to twenty-five G, inclusive; (e) provided, further, that an increase in staff by itself shall not be defined by the department to constitute a substantial change in service unless said increase in staff will result in an addition to annual operating costs which exceeds the expenditure minimum determined pursuant to this section. Notwithstanding any other provisions to the contrary, a change of service concerned solely with outpatient services other than ambulatory surgery, not otherwise defined as innovative services, shall not be defined by the department to constitute a substantial change of service.
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An Act relative to a loan repayment program for human services workers
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H214
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HD78
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T10:17:07.4'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T10:17:07.4'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-11T14:33:35.0366667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T11:12:50.9'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-23T20:28:56.32'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T09:02:07.28'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-26T09:02:07.28'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-26T09:02:07.28'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T15:14:40.3866667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-14T11:31:40.8166667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-14T11:37:53.8433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T13:51:18.6433333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-22T14:09:06.5066667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-22T14:09:06.5066667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-21T09:29:14.6566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-31T10:54:00.2933333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-31T10:54:00.2933333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-31T10:54:00.2933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T09:58:23.09'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-06-08T13:21:03.2833333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-06-08T13:21:03.2833333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-06-08T13:21:03.2833333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-06-08T13:21:03.2833333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-08-03T11:42:51.1333333'}]
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:44:57.627'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H214/DocumentHistoryActions
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Bill
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By Representatives Roy of Franklin and Pignatelli of Lenox, a petition (accompanied by bill, House, No. 214) of Jeffrey N. Roy, Smitty Pignatelli and others for legislation to establish a student loan repayment program for human service workers to encourage individuals to enter the field and maintain employment at human service programs. Children, Families and Persons with Disabilities.
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Chapter 6A of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by inserting after section 16Z the following new section:-
Section 16AA. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“human service provider,” a community-based human services organization with a human services program funded by the Executive Office of Health and Human Services, the Executive Office of Elder Affairs, the Department of Housing and Community Development or the Department of Early Education and Care.
“human services worker,” an employee of a human service provider who provides treatment, support or services to clients or their families.
“qualified education loan,” any indebtedness, including interest on such indebtedness, incurred to pay tuition or other direct expenses incurred in the connection with the pursuit of a certificate, undergraduate or graduate degree by an applicant. It shall not include loans made by any person related to the applicant.
(b) There shall be a student loan repayment program for human service workers to encourage individuals to enter the field and maintain employment at human service programs. The Executive Office of Health and Human Services shall administer the program in accordance with guidelines promulgate by the Department of Higher Education.
(c) To be eligible for the program, a participant must be working a minimum of 35 hours per week as a human services worker. Further, individuals must have maintained 12 consecutive months of employment as a human service worker at a minimum of 35 hours per week to be eligible for this program. This program will help defray costs from previously incurred student loans for graduates holding a certificate or undergraduate/graduate degrees.
(d) Priority for funding should be given to applicants who have an individual salary less than 50 percent of the median income; who are bilingual; who are living and/or working in a vaccine equity initiative community; or how have worked in the direct care field for three or more years.
(e) Applicants will be eligible for up to $6,000 if they have an associate degree, up to $20,000 if they have a bachelor’s degree and up to $30,000 if they have a master’s degree.
(f) Other eligibility criteria may created to determine how applicants to the program should be prioritized and how much funding each would be able to apply for.
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An Act to improve patient access to prescription medication
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H2140
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HD3783
| 193
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{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:19:27.293'}
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[{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:19:27.2933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2140/DocumentHistoryActions
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Bill
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By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 2140) of Nicholas A. Boldyga relative to administering and dispensing controlled substances by certain practitioners. Public Health.
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SECTION 1: Section 9 of Chapter 94C of the General Laws is hereby amended by striking out subsection (b), as so appearing, and inserting in place thereof the following:
(b) Notwithstanding section 17, a practitioner registered under section 7 may, in the good faith exercise of the practitioner’s clinical judgment, dispense by delivering to an ultimate user:
(1) Any prescription medication not regulated under this chapter;
(2) Any prescription medication classified by the department as schedule VI subject to such regulations as to safe storage, labeling, and recordkeeping as the department may adopt;
(3) Any prescription medication classified by the department as schedule II–V subject to such regulations as to safe storage, labeling, recordkeeping, dosage, and quantity as the department may adopt.
Before dispensing a prescription medication under this section, a practitioner must inform the ultimate user of their right to purchase the medication from any other practitioner registered under section 7.
This section shall not be construed to restrict a practitioner from dispensing any prescription medication necessary to respond to a medical emergency.
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[]
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An Act relative to tobacco harm-reduction
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H2141
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HD572
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-13T15:01:01.83'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-13T15:01:01.83'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2141/DocumentHistoryActions
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Bill
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 2141) of Daniel Cahill relative to tobacco harm-reduction. Public Health.
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SECTION 1. Section 28(b) of Chapter 270 of the General Laws is hereby amended by inserting after the word "consumption" the following words:-
"or to any tobacco product that receives an order from the United States Food and Drug Administration under U.S.C., chapter 387j or an order under chapter 387k (g)".
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[]
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[]
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An Act relative to the presence of chaperones
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H2142
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HD3754
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T14:24:57.15'}
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[{'Id': None, 'Name': 'Michael Drinan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T14:24:57.15'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2142/DocumentHistoryActions
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Bill
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By Representative Cahill of Lynn (by request), a petition (accompanied by bill, House, No. 2142) of Michael Drinan relative to the presence of chaperones during certain medical examinations. Public Health.
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M.G.L. c. 112, as appearing in the 2016 Official Edition, is hereby amended by adding the following section:-
Section 275 – Presence of Chaperones
In all medical examinations, a physician or physician assistant shall provide notice to a patient, or any other person who is to be examined, of the right to have a chaperone present during breast and pelvic examinations of females and genitalia and rectal examinations of both males and females.
Notice to the patient is required and is satisfied by either written notice to the patient or posting notice in a manner in which the patient or caregiver can reasonably be made aware. In circumstances where the posting or written notice to the patient would not convey the right to have a chaperone present, the physician or physician assistant shall use another means to ensure that the patient or person to be examined understands his or her right to have a chaperone present.
A physician or physician assistant shall not be obligated to provide further care for a non-emergency immediate medical problem presented if the physician or physician assistant is unable to provide a requested chaperone acceptable to the patient. A physician or physician assistant shall not be obligated to provide further care for a non-emergency immediate medical problem presented if the patient refuses to have a chaperone present and it is the physician’s or physician assistant’s desire to have a chaperone present during the examination.
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An Act preserving access to hospital services
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H2143
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HD913
| 193
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{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-17T15:26:56.813'}
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[{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-17T15:26:56.8133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-26T13:20:33.25'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-26T13:20:33.25'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T13:20:33.25'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T09:14:34.7333333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-30T09:14:34.7333333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:55:49.92'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-03T16:32:01.3866667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T13:27:53.3266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T17:01:20.4966667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-17T16:02:56.62'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-09T13:56:07.6433333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-11T10:56:31.5866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-07-11T10:56:31.5866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-07-11T10:56:31.5866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2143/DocumentHistoryActions
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Bill
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By Representative Capano of Lynn, a petition (accompanied by bill, House, No. 2143) of Peter Capano and others that the Department of Public Health create a process for state receivership for certain hospitals or free-standing clinics that provides essential health services. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end of section 51G the following new section:
(7) The department, in conjunction with other state departments or agencies, shall promulgate regulations creating a process for state receivership for any hospital or free-standing clinic that provides essential health services and (a) closes without providing the required 90-day notice or (b) closes a hospital or free-standing clinic following a determination by the department that a closure would constitute a discontinuation of services necessary for preserving access and health status in the hospital or free-standing clinic’s service area. These regulations shall include a mechanism and source for funding said receivership.
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An Act to promote team based health care
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H2144
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HD1308
| 193
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{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:49:00.39'}
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[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:49:00.39'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2144/DocumentHistoryActions
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Bill
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By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 2144) of Gerard J. Cassidy relative to multidisciplinary health care teams and further regulating advanced practice nurses. Public Health.
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Chapter 112 Section 80B, as amended by Chapter 260 of the Acts of 2020, is hereby amended by adding at the end of the seventh paragraph the following:
Said regulations shall further require an advance practice nurse who has independent practice authority, under sections 80E or 80H, to practice within a health care system and have clinical relationships with physicians that provide for consultation, collaborative management, or referral, as indicated by the health status of the patient. For purposes of this section, a clinical relationship shall mean a professional collaboration between an advance practice nurse and physician licensed by the Commonwealth and in the same specialty as the advanced practice nurse, that, within the health care system and as indicated by the health status of the patient, effectively provides for consultation, collaborative management or referral.
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An Act relative to truth in advertising
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H2145
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HD1312
| 193
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{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:55:18.657'}
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[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:55:18.6566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-07-27T10:32:57.9766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2145/DocumentHistoryActions
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Bill
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By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 2145) of Gerard J. Cassidy relative to truth in advertising by certain health care practitioners. Public Health.
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Section 1. Chapter 112 is hereby amended by adding the following new sections:
For the purposes of this section:
"Advertisement” any communication or statement, whether printed, electronic, or oral that names the health care practitioner in relation to his or her practice, profession, or institution in which the individual is employed, volunteers or otherwise provides health care services. This includes business cards, letterhead, patient brochures, email, Internet, audio and video, and any other communication or statement used in the course of business.
“Deceptive” or “misleading” includes, but is not limited to, any advertisement or affirmative communication or representation that mis-states, falsely describes, holds out or falsely details the health care practitioner’s profession, skills, training, expertise, education, board certification or licensure.
“Health care practitioner” any person who engages in acts that are the subject of licensure or regulation.
“Licensee” a health care practitioner who holds an active license with the licensing board governing his or her practice in the Commonwealth.
(a) An advertisement for health care services that names a health care practitioner must identify the type of license held pursuant to the definitions under this act. The advertisement shall be free from any and all deceptive and misleading information.
(b) A health care practitioner providing health care services in the Commonwealth must conspicuously post and affirmatively communicate the practitioner’s specific licensure as defined under this act. This shall consist of the following:
1. The health care practitioner shall were a photo identification name tag during all patient encounters that shall include (i) a recent photograph of the practitioner (ii) the practitoner’s name; (iii) the type of license; and (iv) the expiration date of the license. The name tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent.
2. The health care practitioner shall display in his or her office a writing that clearly identifies the type of license held by the health care practitioner. The writing must be of sufficient size so as to be visible and apparent to all current and prospective patients.
(c) A health care practitioner who practices in more than one office shall be required to comply with these requirements in each practice setting.
(d) A medical doctor or doctor of osteopathic medicine who supervises or participates in collaborative practice agreements with non-medical doctors or non-doctors of osteopathic medicine health care practitioners shall be required to conspicuously post in each office a schedule of the regular hours when he or she will be present at that office.
(e) Health care practitioners working in non-patient care settings, and who do not have any direct patient care interactions, are not subject to the provisions of this act.
(f) Failure to comply with any provision under this section shall constitute a violation of this act and Chapter 93A of the general laws.
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[]
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An Act prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients
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H2146
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HD3254
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T13:30:01.977'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T13:30:01.9766667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-20T11:19:10.79'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-07-21T11:17:29.5066667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-30T15:28:45.8'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-06T09:28:01.9566667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-23T19:59:46.64'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-03T16:28:45.9566667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-09-20T15:32:50.89'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T13:51:04.87'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-09-11T12:38:17.6766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:01:38.2766667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:51:40.0633333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-31T12:40:18.5666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-03T19:38:57.76'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-20T13:58:23.7166667'}]
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{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-13T15:33:13.433'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2146/DocumentHistoryActions
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Bill
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By Representatives Domb of Amherst and Ferguson of Holden, a petition (accompanied by bill, House, No. 2146) of Mindy Domb, Kimberly N. Ferguson and others relative to prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients. Public Health.
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Chapter 111 of the General Laws is hereby amended by inserting after section 70H the following section:-
Section 70I. (a) For the purposes of this section, the following words shall have the following meanings:
"Intimate examination", a pelvic, prostate or rectal examination.
“Health care provider”, a physician, a student in a medical or nursing school participating in a course of instruction, a person participating in a residency program or clinical training program, a physician assistant, an advanced practice registered nurse or other health care provider.
(b) A health care provider may not perform an intimate examination on an anesthetized, deeply sedated or unconscious patient unless the patient has given specific informed consent in writing to the intimate examination; or the performance of an intimate examination is within the scope of care for the planned procedure, surgical procedure or diagnostic examination to be performed on the patient for which the patient has provided general consent; or, in the case of an emergency or urgent care situation on an unconscious patient, the intimate examination is required for diagnostic or treatment purposes.
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Resolve providing for an investigation and study by a special commission relative to Long COVID related needs in the Commonwealth of Massachusetts
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H2147
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HD3805
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:35:06.11'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:35:06.11'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-23T17:53:12.6966667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:45:10.2333333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T13:01:39.82'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:51:15.7166667'}]
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-20T14:35:06.11'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2147/DocumentHistoryActions
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Resolve
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By Representatives Domb of Amherst and Santiago of Boston, a petition (accompanied by resolve, House, No. 2147) of Mindy Domb, Jon Santiago and others for an investigation by a special commission relative to long COVID related needs. Public Health.
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Resolved, that a special commission is hereby established (1) for the purpose of identifying the socio-economic, medical, public health, mental health, social, and fiscal needs related to the surveillance, care and treatment of persons with Long COVID in the commonwealth, and (2) for the purpose of recommending and prioritizing governmental and legislative actions related to the said needs of people living with Long COVID in the commonwealth, and to ensure that any such recommendations consider the disparate impacts of Long COVID on populations across the commonwealth and our commitment to equity, including racial, cultural and regional equity.
Resolved, The special commission shall consist of: 1 person to be appointed by the Speaker of the House; 1 person to be appointed by the senate president; 1 of whom shall be the Secretary of EOHHS or a designee, who will act as chair; 1 of whom shall be the MassHealth Director or a designee; 1 of whom shall be the Secretary of Labor and Workforce Development or a designee, 1 of whom shall be the commissioner of the Department of Public Health or a designee; 1 of whom shall be the commissioner of the Department of Mental Health or a designee; 1 of whom shall be director of the statewide independent living council or a designee; 1 of whom shall be the chancellor of UMass Chan Medical School or a designee with expertise in medical education curriculum, 1 of whom shall be the medical director of the COVID Recovery Center or a designee; 1 of whom shall be the president of the Mass Medical Society or a designee with expertise in continuing professional education; 1 of whom shall be the president of the Massachusetts Nurses Association or a designee with expertise in clinical care and MNA continuing education; 1 of whom shall be the executive director of the Massachusetts National Association of Social Workers or a designee with expertise in clinical practice and professional development; 1of whom shall be the director of the Health Equity Core of the Harvard Medical School’s Massachusetts Consortium on Pathogen Readiness or a designee; 2 persons who are living with Long COVID to be appointed by the governor; and 1 person from a community-based organization currently serving people living with Long COVID to be appointed by the Governor.
Said commission will ensure that its meetings shall be open to the public, notes will be taken and made available. The appointment of the commissioners shall occur within 30 days after the effective date of this resolve. The commission shall convene its first meeting no later than 45 days after the bill’s enactment.
Said commission shall report to the Clerks of the House of Representatives and Senate, the Speaker of the House, the Senate President, the chairs of the joint committee on ways and means, the joint committee on public health, the joint committee on health care financing, the joint committee on COVID-19 & emergency preparedness & management, and the governor, the results of its investigation and its recommendations, together with drafts of legislation or regulations necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives and the clerk of the senate on or before March 1, 2024.
The special commission shall dissolve 30 days after the submission of the report, unless upon a 2⁄3 vote of the Commission, a continuance is deemed necessary to complete the purpose of the Commission. The time frame of said continuance must be specified in the motion to extend time of operation.
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An Act relative to the board of registration in naturopathy
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H2148
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HD3747
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:22:01.247'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:22:01.2466667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-23T15:27:47.4166667'}]
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 2148) of Mindy Domb and Patricia D. Jehlen relative to the board of registration in naturopathy. Public Health.
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SECTION 1. Clause (ii) of subsection (b) of section 267 of chapter 112 of the General Laws is hereby amended by striking out the words “controlled substance or prescription drug under chapter 94C” and by inserting in place thereof the words:- Schedule I-V controlled substance.
SECTION 2. Clause (iv) of subsection (a) of section 268 of said chapter 112 is hereby amended by inserting, after the word “equivalent”, the following words:- state exam that existed prior to 1987.
SECTION 3. Subsection (c) of section 269 of said chapter 112, as so inserted, is hereby amended by inserting, after the word “board”, the following words:- or a state exam that existed prior to 1987.
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An Act to ensure safe medication administration
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H2149
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HD2998
| 193
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{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T19:35:16.417'}
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[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T19:35:16.4166667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-24T17:06:55.9066667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-24T17:06:55.9066667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-24T19:01:22.21'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-25T10:41:10.5733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T12:51:45.2333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T12:51:45.2333333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-31T12:51:45.2333333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T12:51:45.2333333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-07T11:44:18.7966667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-07T11:44:18.7966667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-09T10:50:24.6966667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T10:50:24.6966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T11:34:26.7366667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-17T11:34:26.7366667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T12:08:12.9633333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-03-16T15:55:18.8733333'}]
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By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 2149) of Daniel M. Donahue and others for legislation to ensure safe medication administration. Public Health.
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SECTION 1. Section 7 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after subsection (h), the following new subsection:-
(i) Notwithstanding any general or special law to the contrary, only a dentist, nurse, physician, podiatrist, perfusionist, optometrist or veterinarian licensed as a professional by chapter 112 of the General Laws, or any student enrolled in a course of study for said profession acting under the supervision of said licensed person and in accordance with the General Laws, may administer any controlled substance in schedule II, III, IV, V or VI of Section 3 of chapter 94C of the General Laws. This shall not be construed to prohibit the following:
(1) self-administration
(2) administration of epinephrine pens in an emergency;
(3) administration of controlled substances by emergency medical system personnel or
(4) administration of controlled substances by any ill, injured or infirm person's domestic partner or family member(s).
For the purposes of this section, "self-administration" shall include the ability of any ill, injured or infirm person who has sufficient understanding of their prescribed controlled substance(s); the indications and contraindications for such controlled substance(s); a recollection of the administration schedule for such controlled substance(s) and an ability to communicate this knowledge and the experienced effect of having taken a controlled substance, to supervise an unlicensed person in the direct administration of such controlled substance(s) to them.
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An Act improving front-line service coordinators quality of care
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H215
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HD3699
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:55:25.997'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:55:25.9966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T07:41:52.4566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-13T12:36:09.9533333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-13T12:36:26.85'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T12:35:28.6866667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-23T16:02:59.1566667'}]
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By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 215) of Jon Santiago and others that the Department of Developmental Services establish caseload ratios for certain human service coordinators. Children, Families and Persons with Disabilities.
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Chapter 123B of the General Laws as appearing in the 2016 Official Edition is hereby amended by adding the following
Section 1A: Caseload Ratio for DDS Human Service Coordinators.
The Department of Developmental Services shall establish a caseload ratio 55:1 for Human Service Coordinators A/B, D and 6:1 for Human Service Coordinator C no later than January 1, 2024.
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An Act relative to the definition of podiatry
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H2150
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HD2427
| 193
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:01:22.163'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:01:22.1633333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-28T09:20:55.3033333'}]
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 2150) of Paul J. Donato and Ryan C. Fattman relative to the definition of podiatry. Public Health.
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SECTION 1. Chapter 112 of the general laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 13, as so appearing, and inserting in place thereof the following section:-
Section 13. (a) As used in this chapter, "podiatry" shall mean the diagnosis and treatment, by medical, mechanical, electrical or surgical means, of ailments of the human foot and lower leg.
(b) As used in sections 12B, 12G and 80B, "physician" shall include a podiatrist registered under section 16.
(c) Sections 13 to 18, inclusive, shall not apply to surgeons of the United States army, United States navy or of the United States Public Health Service or to physicians registered in the commonwealth.
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An Act promoting community immunity
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H2151
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HD2749
| 193
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T16:04:48.943'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T16:04:48.9433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T20:12:48.9366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T16:24:13.21'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T15:15:16.4533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-07T16:08:28.6566667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T13:33:36.5766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-14T13:33:23.1933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T13:33:08.3333333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T15:09:35.3966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-27T15:16:59.2633333'}]
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-30T15:56:17.557'}
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 2151) of Paul J. Donato and others relative to immunizations against infectious disease which give rise to a declared public health state of emergency. Public Health.
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SECTION 1. Chapter 76 of the General Laws is hereby amended by striking out section 15, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 15. All schools shall comply with the requirements established in chapter 111P.
SECTION 2. Said chapter 76, as so appearing, is hereby further amended by striking out section 15C and inserting in place thereof the following section:-
Section 15C. All institutions of higher learning shall comply with the requirements established in chapter 111P.
SECTION 3. Section 15D of said chapter 76, as so appearing, is hereby repealed.
SECTION 4. Section 24N of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 32, by inserting after the word “24M” the following words:- , and to administer chapter 111P.
SECTION 5. The General Laws are hereby amended by inserting after chapter 111O the following chapter:-
CHAPTER 111P.
COMMUNITY IMMUNITY.
Section 1. This chapter shall be known and may be cited as the Community Immunity Act.
Section 2. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Covered program”, (a) a child care center, an early education and care program, a family child care home, a large family child care home, a public preschool program, or a school-aged child care program, as defined in section 1A of chapter 15D; (b) a school, whether public, private or charter, that provides education to students in any combination of grade levels from kindergarten to grade 12, inclusive, and including, but not limited to, any school activity open to children who are otherwise instructed in accordance with section 1 of chapter 76; (c) a recreational camp; or (d) an institution of higher education, whether public or private.
“Department”, the department of public health.
“Exemption”, written acknowledgement from the department that a participant is excused from the schedule.
“Herd immunity”, population-wide resistance to the spread of an infectious disease within that population, resulting from a sufficient percentage of people receiving one or more immunizations against the disease.
“Immunization”, an inoculation administered for the purpose of making a person resistant to an infectious disease.
“Participant”, a person who engages in 1 or more activities of a covered program through enrollment or other registration process.
“Provider”, a health care provider licensed by an agency, board or division of the commonwealth who, acting within their scope of practice, may lawfully administer an immunization.
“Responsible adult”, a parent or legal guardian of a participant, a participant who is an emancipated minor, or a participant who has achieved the age of majority.
“Schedule”, the immunization administration schedule established by the department and consistent with generally accepted medical practice.
Section 3. To enroll in a covered program, a participant’s records shall include: (a) documentation of immunizations in accordance with the schedule; (b) an exemption acknowledgement letter issued by the department, consistent with this chapter; (c) evidence that the participant is in the process of obtaining immunizations with the objective of compliance with the schedule; (d) for public schools only, evidence that the participant moved into the commonwealth not more than 90 days before the date of enrollment and the responsible adult is making a good faith effort to obtain the necessary immunization documentation or exemption acknowledgement; or (e) evidence that more than 30 days have elapsed since a declaration of exemption form was submitted to the department. A private covered program may implement immunization requirements more stringent than those set forth in this chapter; provided, that the program creates and maintains a written immunization policy, which shall be made available to all responsible adults; and provided further, that no private covered program shall refuse to accept medical exemptions.
Section 4. There shall be two types of immunization exemptions: (a) medical, for a participant whose medical conditions or circumstances preclude the administration of an immunization, as determined in the best medical judgment of a provider; and (b) religious, for a participant who holds, or whose family holds, sincere religious beliefs conflicting with immunizations.
Section 5. The department shall prepare and maintain separate standardized declaration of exemption forms for medical and religious exemptions to required vaccinations. The department shall make the forms available to covered programs and the public online and, as necessary, in
hard copy. Covered programs shall provide a declaration of exemption form to a responsible adult or a participant only upon request.
Section 6. The declaration of medical exemption form shall include, without limitation: (i) a checklist of generally accepted contraindications to immunizations that shall be completed by a provider; (ii) a statement that the provider has an established provider-patient relationship with the participant; (iii) a request for the signature of the provider; (iv) a request for a unique government-issued professional identification number assigned to the provider; (v) a request for the signature of the responsible adult; and (vi) requests for dates for all signatures.
Section 7. The declaration of religious exemption form shall include, without limitation: (i) a statement that the participant or responsible adult has a sincere religious belief conflicting with immunizations; (ii) a certification that the responsible adult has provided a complete and accurate copy of the religious exemption declaration to the participant’s primary health care provider, including the provider’s name and contact information; (iii) an acknowledgement of receipt from a provider on the participant’s primary health care team; and (iv) a request for the dated signature of the responsible adult. The form shall include a statement from the department that refusing to immunize is against public health policy and may result in serious illness or death of the participant or others. The department may provide alternative requirements to clauses (ii) and (iii) of this section if a participant does not have a primary health care provider. The form shall not require disclosure of a participant’s particular religious beliefs.
Section 8. A responsible adult shall submit a completed declaration of exemption form to the department for review. The department shall determine the method of submission, whether electronic, hard copy, or both.
Section 9. The department shall review each declaration of exemption form submitted in accordance with this chapter. The department shall acknowledge each validly executed and accurately completed form with a letter indicating that the participant is exempt from required vaccinations and including the expiration date of the exemption. If the declaration of exemption form is improperly completed, the department shall advise the responsible adult of the remedial action necessary for resubmission.
Section 10. Whenever practicable, the department shall review and issue a response in accordance with section 9 of this chapter not more than 30 days after receipt of the declaration of exemption form. An exemption acknowledged by the department shall be valid for a period of not more than 1 year from the final signature date on the declaration. The department may, in its sole discretion, require covered programs to exclude exempted participants during a public health emergency.
Section 11. All covered programs shall annually report total numbers of participants who have been immunized and participants who are exempt from immunization requirements, delineated
by exemption type, as applicable, to the department, in a method determined by the department, and shall distribute the data from the report to all responsible adults electronically or in hard copy. Distribution shall not be required if it would result in disclosure of personal information as defined in section 1 of chapter 93H or otherwise violate applicable privacy laws.
Section 12. The department shall annually publish immunizations and exemptions data, delineated by exemption type, as applicable, for each covered program and school district on its website and may publish such data in hard copy. The department may also publish data by municipality, county, or other geographic designation, or by other criteria in its discretion. Publication shall not be required whenever doing so would result in disclosure of personal information as defined in section 1 of chapter 93H or otherwise violate applicable privacy laws. The department shall directly disseminate electronic copies of any published data to the school physician or nurse assigned to any public covered program pursuant to section 53 of chapter 71.
Section 13. Any covered program that has not achieved herd immunity shall be designated as an elevated risk program. Any covered program that fails to report immunization and exemption rates consistent with this chapter shall be designated an elevated risk program. Elevated risk program designations shall remain in place until the department, in its sole discretion, determines that the covered program has sufficiently improved immunity rates in the covered program population. The department shall maintain a public, online list of elevated risk programs.
Section 14. The department shall create a notice to responsible adults about an elevated risk designation. An elevated risk program shall issue the notice to all responsible adults for participants or those seeking enrollment in the program during the period in which the designation is in place not more than 10 days after receiving an elevated risk program designation. The department may require elevated risk programs to organize and invite all responsible adults to a presentation by the department about immunization safety, immunization efficacy and herd immunity. Whenever practicable, the presentation shall be conducted within 45 days after the designation is received.
Section 15. The department shall develop and make available online an informational pamphlet about immunization safety and immunization efficacy. The department shall distribute the informational pamphlet, either electronically or in hard copy, to every responsible adult who submits a declaration of exemption form pursuant to this chapter. All elevated risk programs shall distribute the informational pamphlet, either electronically or in hard copy, to all responsible adults for participants or those seeking enrollment in the program during the period in which the designation is in place.
Section 16. The department shall promulgate regulations to implement this chapter, except that the department of early education and care, department of elementary and secondary education,
and department of higher education shall promulgate regulations to implement application of this chapter to covered programs falling within each department’s jurisdiction.
Section 17. In conjunction with and as facilitated by the departments listed in section 16 of this chapter, as well as partnerships with trusted community-based organizations and local public health departments, health care providers, or clergy, the department shall conduct outreach to support the delivery of medically accurate information about immunizations, including but not limited to the availability of programs funded through the Vaccine Purchase Trust Fund established in section 24N of chapter 111. Such outreach shall focus on, but not be limited to, immunization gap populations in under-vaccinated communities.
Section 18. The department shall collect and report data on immunizations against any infectious disease which has given rise to a declared public health state of emergency in the commonwealth. Daily immunization data reports, which the department shall publish on its website, shall include the number of individuals receiving the immunization, delineated by age and geographic location, including municipal, county, and statewide counts. The department shall collect infectious disease immunization data by key socioeconomic and demographic indicators, including race, gender, ethnicity, disability, sexual orientation and gender identity, primary language, occupation, household income, residence in elder care facilities and other congregate care settings, and housing status, and report such data on its website not less than weekly, except where publication would result in disclosure of personal information as defined in section 1 of chapter 93H or would otherwise violate applicable privacy laws.
SECTION 6. Section 12F of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 14 and 15, the words “have come in contact with” and inserting in place thereof the following words:- be at risk of contracting.
SECTION 7. Said section 12F of said chapter 112, as so appearing, is hereby further amended by inserting after the word “diagnosis”, in line 18, the following word:- , prevention.
SECTION 8. Chapter 5 of the Acts of 1995 is hereby amended by striking out section 122.
SECTION 9. Sections 1 through 5, inclusive, of this act shall take effect on July 1, 2025. Remaining sections of this act shall take effect upon its passage.
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An Act regulating surgical assistants
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H2152
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HD951
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T13:39:21.197'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T13:39:21.1966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T14:29:36.31'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T11:14:42.93'}]
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 2152) of William J. Driscoll, Jr., and Lindsay N. Sabadosa relative to regulating surgical assistants. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 237 the following new sections:-
Section 238. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
''Board'', the board of registration in surgical assistants established in section 110 of chapter 13.
“Health care practitioner”, a person licensed or registered under section 2, 16, 74 or 74A of chapter 112 who conducts or assists with the performance of surgery; provided, however, that ''health care practitioner'' shall also include an intern, resident, fellow or medical officer.
“Surgical facility'', an entity that provides surgical health care services, whether inpatient or outpatient and whether overnight or ambulatory, including, but not limited to, a hospital, clinic or private office of a health care practitioner, whether conducted for charity or for profit and whether or not subject to section 25C, and any organization, partnership, association, corporation, trust or the commonwealth, or any subdivision thereof.
"Surgical assistant", an individual who has met the requirements of the Board for licensure as a surgical assistant and who works under the direct supervision of a licensed doctor of medicine, osteopathy, or podiatry.
"Surgical assisting", surgical patient care, including, but not limited to, any of the following: (i) manipulation of organs; (ii) suturing of tissue; (iii) placement of hemostatic agents; (iv) injection of local anesthetic; (v) harvesting of veins; (vi) implementation of devices; and, (vii) other duties as directed by a licensed doctor of medicine, osteopathy, or podiatry under the direct supervision of a licensed doctor of medicine, osteopathy, or podiatry.
(b) A surgical facility shall not employ or otherwise retain the services of a surgical assistant unless such person is licensed by the board of registration in surgical assistants.
(c) Nothing in this section shall prohibit a registered nurse, licensed or registered health care provider or other health care practitioner from performing surgical assistant tasks or functions if such person is acting within the scope of such person's license.
(d) Notwithstanding subsection (b), a surgical facility may employ as a surgical assistant an individual who does not meet the requirements of this section if said individual receives a waiver from the department certifying that the individual has met special circumstances as determined by the department: The department, in consultation with an advisory committee of clinicians, shall establish criteria for such waiver. Said waivers shall be valid for not longer than three months; provided however said waivers may be renewed upon determination by the department.
Section 239. The board shall have the following powers and duties:
(a) to promulgate regulations and adopt such rules as are necessary to regulate the field and practice of surgical assisting and surgical assistants;
(b) to receive, review, approve or disapprove applications for licensing and to issue licenses;
(c) to establish administrative procedures for processing applications for licenses and license renewals and to hire or appoint such agents as are appropriate for processing applications for licenses and license renewals;
(d) to retain records of its actions and proceedings in accordance with public records laws;
(e) to fine, censure, revoke, suspend or deny a license, place on probation, reprimand or otherwise discipline licensees for violations of the code of ethics or the rules of the board;
(f) to summarily suspend the license of a licensee who poses an imminent danger to the public but a hearing shall be afforded to the licensee within seven days of an action by the board to determine whether such summary action is warranted;
(g) to establish standards for continued licensure of surgical assistants, including continuing education requirements;
(h) to establish standards relating to the professional conduct, termination and reinstatement and renewal of licenses of surgical assistants;
(g) to perform such other functions and duties as may be required to carry out the provisions of this section and sections 238 to 241, inclusive.
Section 240. An application for original license, a license renewal or for the licensing examination shall be made on forms approved by the board and accompanied by the appropriate fee. The fee for original license and renewal shall be determined by the secretary of administration and finance. An application for original license shall be sworn and shall furnish satisfactory proof if the applicant is: (i) at least 18 years of age; (ii) of good moral character and; (iii) has met the educational and professional experience requirements. Requirements for licensing shall include:
(a) a current credential as a surgical assistant or surgical first assistant issued by the National Board of Surgical Technology and Surgical Assisting, the National Surgical Assistant Association, or the National Commission for Certification of Surgical Assistants or their successors;
(b) successful completion of a surgical assistant training program during the person's service as a member of any branch of the armed forces of the United States; or
(c) at least one year of experience as a surgical assistant in the Commonwealth and practice as a surgical assistant at any time in the twelve months immediately prior to July 1, 2023, provided the applicant registers with the Board by July 1, 2025.
Section 241. (a) For renewal of a license as a surgical assistant, a licensee shall attest to having successfully completed 38 hours of continuing education in courses directly related to the practice of surgical assisting as approved and documented by a provider recognized by one of the following: (i) the National Board of Surgical Technology and Surgical Assisting; (ii) the National Commission for the Certification of Surgical Assistants; or (iii) the National Surgical Assistant Association;
(b) the practitioner shall retain a completed form with all supporting documentation in his or her records for a period of four years following the renewal of an active license.
(c) the board shall periodically conduct a random audit of its active licensees to determine compliance and the practitioners selected for the audit shall provide all supporting documentation within 30 days of receiving notification of the audit;
(d) failure to comply with these requirements may subject the licensee to disciplinary action by the board;
(e) the board may grant an extension of the deadline for continuing competency requirements, for up to one year, for good cause shown upon a written request from the licensee prior to the renewal date; and,
(f) the board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.
SECTION 2. Chapter 13 of the General Laws is hereby amended by adding after section 109 the following new section:-
Section 110. There shall be a board of registration of surgical assistants, herein called the board, to consist of five members to be appointed by the governor. Three members of the Board shall be, at the time of appointment, surgical assistants who have practiced in the Commonwealth for not less than three years; one member shall be a doctor of medicine, osteopathy, or podiatry whose practice shall include surgery; and one member shall be a citizen member appointed from the Commonwealth at large. No member shall be an employee of a trade association in the field of health care and no member who is a representative of the general public shall be engaged in the practice of any health care profession. Members shall be appointed for terms of four years. No member shall be appointed to more than two consecutive full terms but a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of at least one year. A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against him and an opportunity to be heard. The board shall, at its first meeting and annually thereafter, elect from among its members a chairman, vice chairman and secretary. Officers shall serve until successors are elected and qualified. The board shall meet at the call of the chairman or upon request of three members of the board. The board shall meet at least two times annually. A quorum shall consist of three members present. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties
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An Act to promote economic opportunity by licensing home kitchens
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H2153
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HD3178
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-18T12:06:01.2'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-18T12:06:01.2'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-27T11:11:56.0433333'}]
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 2153) of William J. Driscoll, Jr., relative to the licensing of home kitchens. Public Health.
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SECTION 1. Section 146 of chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 11, after the word “health.”, the following words:- Neither local boards of health nor zoning boards shall establish rules or regulations for home kitchen operations.
SECTION 2. Section 1 of chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 329 the following section:-
Section 330.
(a) For the purposes of this section and Section 146, the following words shall have the meanings:
“Department” means the Massachusetts Department of Public Health.
"Home kitchen operation" means an enterprise in a private home that is controlled and operated by a resident that stores, handles, prepares and packages, and may serve ready-to-eat food for consumers.
"Licensed area" means the kitchen of a private home and any other area of the home used for the preparation, packaging, storage, handling or sanitation of food, equipment, and utensils used in the home kitchen operation.
“Online food marketplace” means a registered entity that provides a platform on its internet website or mobile application through which a home kitchen operation may choose to offer food for sale and from which the online food marketplace derives revenues. An online food marketplace must register with the Department and must clearly and conspicuously post on its internet website or mobile application the fees associated with using its marketplace or delivery service in a manner that allows both the consumer and the home cooking operation to see and understand the amount being charged for the services provided by the online food marketplace. Merely publishing an advertisement for the home kitchen operation or food cooked therein does not make the publisher an online food marketplace.
"Ready-to-eat food" means food that is in a form that is edible and safe to eat without washing, cooking or additional preparation by the consumer and that is reasonably expected to be consumed in the form in which it is provided to the consumer or after reheating by the consumer.
(b) A home kitchen operation must meet the following conditions:
(1) the operation must be licensed and inspected by the department;
(2) only the permittee, and individuals under the supervision of the permittee, may be engaged in the processing, preparing, packaging, or handling of food;
(3) the home kitchen must sell only to consumers and not to any other business for retail or wholesale;
(4) all food sold or otherwise provided to consumers by the home kitchen operation is ready-to-eat food;
(5) any meat products contained in the food are from a facility licensed by the United States Department of Agriculture or, for meat sourced from outside the state, from a state-licensed facility;
(6) the operation does not produce alcoholic beverages;
(7) the operation does not produce milk or milk products, as by a dairy, except the inclusion of milk products from approved sources in ready-to-eat food;
(8) does not produce food items containing raw shellfish;
(9) the operation does not produce any food that requires a hazard analysis and critical control point (HACCP) plan under applicable federal, state or local law, or any low-acid canned food or acidified food that requires a scheduled process under applicable federal, state or local law;
(10) the operation is not a cottage food operation, food service establishment, temporary food service establishment, a bed and breakfast, a caterer, or residential group home facility.
(b) A home kitchen operation must deliver food directly to an informed end consumer. Home kitchens may sell food online or by phone order and may deliver in person or through an agent or third-party delivery service, including through an online food marketplace.
(c) Within 180 days of the effective date of this act, the Department shall establish food safety and labeling requirements for home kitchen operations. Such rules must:
1) be reasonably necessary to ensure food safety and reasonably feasible for ordinary home kitchen facilities;
2) not require home kitchen operations to have or to use facilities or equipment not ordinarily used in private homes; and
3) not prevent or restrict persons who live in the home and their guests from accessing and being present in the licensed area while food for the home kitchen operation is being stored, handled, prepared or packaged, so long as such persons are supervised by the licensed operator and not known to have symptoms of acute gastrointestinal illness or to be infected with a disease that is transmissible through food.
4) If food safety training is required, the commissioner shall ensure that the training content and any required examination are available in languages other than English that are commonly spoken by Massachusetts residents as their primary language.
(d) The Department shall inspect and issue a license to any home food operation that meets the requirements of this Section and the regulations promulgated by the Department. After the initial inspection, the inspecting authority may access, for inspection purposes, the licensed area of a microenterprise home kitchen operation if the inspecting authority has a valid reason, such as a consumer complaint, to suspect that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation, or that the microenterprise home kitchen operation has otherwise been in violation of this section. The Department may charge a license fee not to exceed one hundred dollars.
(e) The Department must maintain a registry of home kitchen operations licensed under its authority, including a registration number for each license, which may be used to identify home kitchen operations. Home kitchen operations may, but are not required, to use this personal identification number in lieu of address on online food marketplaces or on any labels required by the Department.
(f) The Department shall establish a registry for online food marketplaces selling food produced by licensed home kitchen operations. The Department shall establish a registry for online food marketplaces selling food produced by licensed home kitchen operations. Requirements for registration must include:
(1) disclosure to the consumer that the cottage food product is produced at a home kitchen operation and may contain allergens; and
(2) clearly and conspicuously posting on the online food marketplace’s internet website or mobile application the fees associated with using its marketplace or delivery service in a manner that allows both the consumer and the home cooking operation to see and understand the amount being charged for the services provided by the online food marketplace.
(g) Zoning regulations shall not prohibit the operation in a residential zone of any cottage food.
(h) Counties and municipalities shall allow commercial delivery services to pick up food from home kitchen operations.
(i) Counties and municipalities may not impose additional or different requirements or restrictions on home kitchen operations than this law and rules of the Department.
SECTION 3. This act shall take effect upon its passage.
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An Act establishing a task force to study the sustainability of emergency medical services
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H2154
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HD3484
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T13:02:07.36'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T13:02:07.36'}]
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 2154) of William J. Driscoll, Jr., relative to establishing a task force to study the sustainability of emergency medical services. Public Health.
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SECTION XX. (a) Notwithstanding the provisions of any general or special law to the contrary, the executive office of health and human services, in collaboration with the department of public health and the emergency medical care advisory board, shall establish a special task force to issue a report and make recommendations on the structure, support and delivery of emergency medical services in the commonwealth. The commission shall look at all aspects of emergency medical services and impact on patient quality of care, including but not limited to: the ability to designate emergency medical services as an essential service in the commonwealth; workforce development initiatives; training; compensation; retention; costs versus expenses of care; reimbursement rates; organization of EMS services; the feasibility of reorganizing the emergency medical care advisory board within the executive office of public safety and security, and; local and state support. The task force shall consist of the following members: the secretary of health and human services or their designee, who shall serve as co-chair; the commissioner of the department of public health or their designee, who shall service as co-chair; and one representative from each of the following organizations: the Massachusetts Health & Hospital Association; the Massachusetts Ambulance Association; the Professional Fire Fighters of Massachusetts; the Massachusetts Association of Behavioral Health Systems; the Association for Behavioral Health Care; the Massachusetts College of Emergency Physicians, the Massachusetts Emergency Nurses Association, and; the Massachusetts Senior Care Association.
(b) The task force shall conduct an analysis and issue a report which shall include but not be limited to: (i) a review of the methodologies used for determining reimbursement rates affecting the availability of emergency and non-emergency ambulance transport, including a review of a cost-based method for rate determination, and the potential need to reimburse certain transports requiring longer transport-times or further geographical distances at a higher rate, including but not limited to transports to and within the behavioral health system; (ii) an assessment on the efficacy of the MassHealth non-emergency wheelchair van brokerage program; (iii) industry-wide workforce initiatives including, but not limited to, strategies to improve recruitment, training, including but not limited to, transitional training opportunities for emergency medical services, and cost of training, certification, and licensure ; (iv) impact of municipal ambulance service contracts being exempt from public bidding requirements; (v) impact of administrative barriers on access and utilization of non-emergency ambulance transport; (vi) the role of external economic factors on the development, sustainability, and retention of the emergency medical service workforce such as the increases in the minimum wage and competition from other industries; and (vii) recommendations on coverage and reimbursement methodology for emerging models, including but not limited to mobile integrated health and alternative behavioral health transportation.
(c) The task force shall convene its first meeting within 30 days of the effective date of this act. The task force shall submit its report, including recommendations to address any statutory, regulatory, budgetary, or other barriers to implementing said recommendations, with the clerks of the house of representatives and senate, the joint committee on health care financing, the joint committee on labor and workforce development, joint committee on public safety and homeland security, and the house and senate committees on ways and means within six months of the effective date of this act.
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An Act to create an at home test reporting system in the Commonwealth
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H2155
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HD4027
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T16:12:03.097'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T16:12:03.0966667'}]
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 2155) of William J. Driscoll, Jr., for legislation to create an at home test reporting system. Public Health.
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Notwithstanding any general or special law to the contrary, the department of public health shall, in collaboration with the executive office of technology services and security, establish a mechanism to gather data from at-home, self-administered tests for COVID-19, influenza, and other illnesses that the department deems detrimental to public health, provided that an FDA approved, or otherwise authorized, at-home test exists for said illness. The department shall work with the necessary partners to establish an online portal on the mass.gov website and an automated telephone line designed for this purpose. Residents shall be able to report up to two-tests per-day, per-illness, per-individual in the household, including themselves, any dependents in their care, and any other member of the household. Additionally, there shall be a separate mechanism for institutional reporting of self-test results for use by pre-K programs, K-12 schools, colleges, and universities in the Commonwealth conducting testing through the school health office or officials. These results shall be tracked and reported separately from tests reported by residential users. There shall also be a mechanism for the institutional reporting outside of the education context, including for congregate care settings, rehabilitation centers, correctional facilities, and others deemed fit by the department. The department shall use these mechanisms to track (1) the total number of at home tests reported, (2) the number of those tests that had positive results, (3) the average positivity rate of at-home tests, and (4) the number of repeat or duplicative tests, including those testing positive after two or more positive tests. The department shall store and maintain this data for an appropriate period, and report weekly on the data gathered. At the discretion of the department, the reporting interval may be increased or changed, provided that reports are published at least once per week. The department shall collaborate with local boards of public health, school districts, and other stakeholders to ensure that the critical data is accessible to the public and decision makers. At the request of a local board of public health or local public health director, the department shall, to the best of its ability, provide localized data specific to the municipality requesting the data.
The department shall ensure that each reporting method is also able to provide immediate guidance to those who report a positive test, including instructions for following up with medical providers, ways to access treatments for the illness in question, and any addition guidance that may be needed for high-risk persons. Simplified reporting instructions for positive test results shall be provided for at-home tests distributed by the department of public health, department of elementary and secondary education, or other state agency, and posted on the mass.gov website.
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An Act relative to enhancing statewide hospital capacity coordination
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H2156
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HD4070
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T16:51:40.603'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T16:51:40.6033333'}]
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 2156) of William J. Driscoll, Jr., relative to enhancing statewide hospital capacity coordination. Public Health.
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SECTION 1. Notwithstanding any general or special law to the contrary, the department of public health (“the department”) shall create a real-time, statewide, Hospital Capacity Coordination Dashboard. To support these efforts, the department of public health shall collaborate with healthcare providers with clinical, emergency management, and hospital operations expertise and members of the legislature. This dashboard shall be a real-time, electronic tool to, at a minimum, gather, report, and facilitate data related to managing hospital capacity, capability, and available beds in hospitals across the Commonwealth in the event of a public health emergency or other surge in patient need.
Said data should ensure and understanding of relevant individual hospital, regional, and statewide bed availability. The department may also include other data points as deemed relevant to the purpose of monitoring local, regional, and statewide hospital capacity and capability, situational awareness, and facilitation of patient load balancing efforts.
SECTION 2. The department, the executive office of technology services, and the executive office of health and human services shall provide the staffing and funding for this dashboard and the operational costs for the final Hospital Capacity Coordination Dashboard, subject to future appropriation by the legislature explicitly for this purpose.
SECTION 3. Upon completion of the electronic Hospital Capacity Coordination Dashboard tool and any corresponding governance or use guideline documents, a healthcare coalition, representing medical providers broadly, shall assume control of the Dashboard, and manage the operations of this tool, and be given administrative control of the tool, including the data produced for and by the Hospital Capacity Coordination Dashboard.
SECTION 4. Within 1 year following the effective date of this act, the department shall complete the electronic tool.
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An Act prohibiting the burning of construction and demolition waste as fuel
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H2157
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HD2540
| 193
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{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T14:28:37.41'}
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[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T14:28:37.41'}]
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Bill
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By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 2157) of Michelle M. DuBois relative to the burning of construction and demolition waste as biofuel and further regulating the permitting or operation of energy-generating facilities. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sections:-
Section 142P. Whereas construction materials are frequently treated with toxic preservatives, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol, and the burning of construction and demolition waste as biofuel needlessly risks the release of such toxic substances into the environment and communities, the burning of construction and demolition waste as a source of biofuel in energy generating facilities shall be prohibited. Notwithstanding any general or special law, rule or regulation to the contrary, no energy-generating facility, as defined by Section 69G of Chapter 164, shall be permitted to burn any manner of construction or demolition waste or any manner of material intended for use principally in construction as fuel.
Section 142Q. By no later than 60 days after the effective date of this Act, the Secretary of Energy and Environmental Affairs shall amend any regulations or policies regarding the permitting or operation of energy-generating facilities to be in conformity with this Act. The Secretary may temporarily suspend or modify any permitting proceeding to be in conformity with this Act. The Secretary may deem such amendments, suspensions, or modifications to be emergency regulations or measures in the interest in immediate public health.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect the public health, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
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An Act recognizing EMS as a disease dangerous to the public health, requiring inclusion in MAVEN, establishing the Massachusetts EMS registry and requiring biennial reporting as part of population health trends
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H2158
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HD1373
| 193
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{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T16:25:28.163'}
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[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-18T13:09:13.9533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:18:48.2566667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:31:56.4166667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-05-05T10:31:50.5066667'}]
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By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 2158) of Tricia Farley-Bouvier, Vanna Howard and Mary S. Keefe that the Department of Public Health add electromagnetic sensitivity (EMS) to the list of diseases dangerous to the public health. Public Health.
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Chapter 111 of the General Laws is hereby amended by inserting after section 243 the following section:-
SECTION 244 EMS Disease Classification and Registry
(a) The department shall add Electromagnetic Sensitivity (EMS) to the list of diseases dangerous to the public health in 105 CMR 300.000 and 300.100 in order to facilitate reporting and surveillance requirements within the Disease Surveillance and Case Management System (MAVEN) implemented in 105 CMR 300.050 and identification of incidences that are part of a cluster or outbreak for purposes of 105 CMR 300.134.
(b) The department shall include EMS to the list of diseases possibly linked to environmental exposures in 105 CMR 300.192.
(c) The department shall collect and disseminate to health care providers (including but not limited to pediatricians) and the public recommended educational materials and diagnosis guidelines for identification of the symptoms associated with EMS. These materials shall include, but not be limited to the EUROPAEM EMF Guideline 2016 for the prevention, diagnosis and treatment of EMF-related health problems and illnesses, Clinical Practice Guidelines in the Diagnosis and Management of Electromagnetic Field Hypersensitivity, Environmental Health Clinic, Women’s College Hospital (Toronto, CA) and Guideline of the Austrian Medical Association for the diagnosis and treatment of EMF related health problems and illnesses (EMF syndrome).
(d) (1) The department shall establish an EMS disease registry for the collection of information necessary to determine the incidence and prevalence of EMS in the commonwealth.
(2) There shall be within the department an EMS disease registry advisory committee to advise and assist in the development, implementation and progress of the EMS disease registry established in subsection (d)(1). The committee shall review and submit recommendations on: (i) what data shall be collected, including, but not limited to, demographic information and data by areas and regions of the commonwealth, with specific data from urban, low and median income communities and minority communities of the commonwealth; (ii) the means of collecting and disseminating such data; (iii) how to ensure privacy and confidentiality of such data; (iv) the purpose, design and functionality of the registry; and (v) the implementation of the registry. The committee shall recommend to the department any information deemed necessary and appropriate for the statistical identification and planning for treatment and education of health care providers and persons diagnosed with EMS.
(3) The committee shall consist of the commissioner, or a designee, and 10 members to be appointed by the commissioner as follows: 3 physicians, 1 of whom shall be a general neurologist, 1 of whom shall be an environmental health specialist and 1 of whom shall be a pediatrician; 1 health informaticist; 2 population health researchers familiar with registries; 2 EMS researchers; and 2 persons diagnosed with EMS. The committee shall meet at least bi-annually to assess registry progress and recommend changes.
(e) The commissioner shall include EMS as part of the data systems and biennial reports required by each population health trends required by chapter 111 section 237.
(f) Definition: for purposes of this section “Electromagnetic Sensitivity” (EMS), also known as EMF Syndrome, Electromagnetic Field Hypersensitivity or Nonionizing Radiation Sickness, means the recognized constellation of mainly neurological spectrum condition symptoms that have been associated with exposure to nonionizing electromagnetic energy. They include headaches, memory, cognitive and sleep problems, heart palpitations and/or increased heart rate, ringing in the ears, fatigue, skin rashes, tingling, nose bleeds, unremitting flu-like symptoms, dizziness, and burning sensations.
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An Act relative to food labeling
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H2159
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HD386
| 193
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{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-06T13:27:54.93'}
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[{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-06T13:27:54.93'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-27T08:00:44.99'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:38:34.97'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:39:54.05'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:10:27.47'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-17T09:30:29.9733333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:34:28.5633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T20:11:01.2233333'}]
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Bill
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By Representative Ferguson of Holden, a petition (accompanied by bill, House, No. 2159) of Kimberly N. Ferguson and others that the Department of Public Health be directed to implement a food labeling program for commercially caught, landed and sold saltwater fish. Public Health.
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SECTION 1. Notwithstanding any special or general law to the contrary, the Department of Public Health shall implement a food labeling program for commercially caught, landed and sold saltwater fish including but not limited to tuna, mackerel, swordfish, grouper, striped bass and bluefish. The label shall provide the consumer with information concerning the safety and the risk factors of consumption of the fish based on toxin levels in the fish and their hazards to human health, in particular the health of young children, women of child-bearing age and pregnant women.
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[]
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[]
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An Act allowing spouses to serve as caregivers
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H216
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HD3284
| 193
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{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-20T11:43:05.81'}
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[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-20T11:43:05.81'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-20T12:01:20.3766667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-19T17:34:53.5433333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-01T14:48:44.75'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-21T11:38:44.4966667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-11T12:24:46.85'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-04-08T18:17:43.0133333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:33:58.0233333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-30T11:06:01.5233333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-13T11:21:43.26'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-05-17T14:12:38.44'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-23T10:36:03.3166667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T13:02:27.6966667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:25:26.7966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:29:44.4'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-10T11:24:48.9366667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-05-04T10:11:19.03'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T13:47:58.0733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:32:23.9266667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-23T21:28:45.26'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-10T10:32:56.64'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-17T10:59:12.6966667'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-05-08T10:23:25.4633333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T12:54:18.8133333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-02T16:27:45.93'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-14T10:08:56.6966667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-25T04:20:03.6833333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-22T06:31:09.43'}]
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{'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-20T12:01:20.36'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H216/DocumentHistoryActions
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Bill
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By Representatives Scanlon of North Attleborough and Orrall of Lakeville, a petition (accompanied by bill, House, No. 216) of Adam Scanlon, Norman J. Orrall and others relative to allowing spouses to serve as caregivers in the MassHealth program for home-based care and services. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 118E of the General Laws is hereby amended by inserting after section 13L the following section:-
Section 13M. To the extent permitted under federal law, spouses shall be authorized to serve as paid caregivers in the MassHealth program for the provision of certain home-based care and services.
SECTION 2. The executive office of health and human services shall file a state plan amendment or waiver application, as may be required, to implement this act no later than 6 months following the effective date of this act.
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An Act relative to reciprocity of psychologists
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H2160
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HD387
| 193
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{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-06T13:29:03.383'}
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[{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-06T13:29:03.3833333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-27T08:01:30.0233333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-27T16:36:24.1333333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:40:53.0833333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:35:24.7933333'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:10:51.5633333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:12:34.9533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T08:10:41.98'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:35:00.2066667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T20:11:57.5166667'}]
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Bill
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By Representative Ferguson of Holden, a petition (accompanied by bill, House, No. 2160) of Kimberly N. Ferguson and others that the board of registration of psychologists be authorized to promulgate regulations relative to the reciprocity of psychologists. Public Health.
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SECTION1. Notwithstanding any general provisions or special laws to the contrary, the board of registration of psychologists shall promulgate regulations relative to the reciprocity of psychologists, which shall include the issuance of licenses, and the determination of substantial equivalency, to be consistent with, but not in excess of the National Standards as set forth by the American Psychological Association or the National Register of Health Service Psychologists, and in compliance with Gubernatorial Executive Order number 562 § 3(3) revoking and superseding Executive Order number 485.
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An Act governing not for profit hospital system or service operating an ambulance service
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H2161
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HD3493
| 193
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{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T13:07:43.047'}
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[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T13:07:43.0466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2161/DocumentHistoryActions
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Bill
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By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 2161) of Michael J. Finn for legislation to further regulate emergency or non-emergent medical transport services. Public Health.
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SECTION XXX. Emergency Medical Services. Notwithstanding the provisions of any regulation, rule or law to the contrary, any not for profit acute care hospital system or service, or provider licensed under Chapter 111 of the General Laws, shall comply with Chapter 111C, Chapter 154 of the Acts of 2003 and Chapter 54 of the Acts of 2000, respectively, in order to administer and operate an emergency or non-emergent medical transport service, so-called, in the Commonwealth; provided, that if any such not for profit hospital system or service that is licensed under Chapter 111 of the General Laws is awarded a 911 contract, so-called, by a municipality, such not for profit hospital system or service shall contribute a minimum of 33% of the gross ambulance receipts toward the cost of such municipality’s fire based service for the purposes of enhancing such city or town’s public safety infrastructure and fire based services; provided further, that if a not for profit hospital system or service licensed under Chapter 111 of the General Laws is awarded a 911 contract, so-called, by a municipality, not for profit hospital system or service shall pay no less than 50% of the cost to operate the Public Safety Answering Point (PSAP), so-called, in order to support the dispatching of 911 services in such municipality; provided further, that any acute care hospital operating an emergency or non-emergent medical transport service prior to this law shall comply with the provisions of this act. The Department of Public Health shall promulgate regulations to administer the provisions of this section not later than 30 days after the enactment of this law.
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An Act relative to acupuncture detoxification specialists
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H2162
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HD3114
| 193
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{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T15:24:29.887'}
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[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T15:24:29.8866667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-24T09:35:43.7266667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-09-27T12:24:16.1233333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-30T15:26:44.91'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-28T22:32:39.34'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-24T11:26:02.01'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:18:47.91'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:42:01.8366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T14:28:16.6066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:29:07.2266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T17:31:28.0166667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:44:29'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-24T13:45:49.8466667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:29:59.1866667'}]
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Bill
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By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 2162) of Carole A. Fiola and others for legislation relative to acupuncture detoxification specialists. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 243 the following section:-
Section 244. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Acupuncture detoxification specialist”, a qualified health care professional who is registered with the department to engage in the practice of auricular acupuncture detoxification pursuant to this section.
“Auricular acupuncture detoxification”, treatment by means of the subcutaneous insertion of sterile, disposable acupuncture needles in consistent, predetermined bilateral locations on the ear in accordance with the standardized auricular acupuncture detoxification protocol developed by the National Acupuncture Detoxification Association.
“General supervision”, supervision by phone or other electronic means during business hours with in-person site visits as determined necessary by a licensed acupuncturist.
“Licensed acupuncturist”, an individual who is licensed under sections 148 to 162, inclusive, of chapter 112 to practice as a licensed acupuncturist.
“National Acupuncture Detoxification Association training”, the standardized auricular acupuncture detoxification protocol training developed by the National Acupuncture Detoxification Association, effective as of January 1, 2019.
“Qualified health care professional”, a qualified individual who: (i) is a licensed physician, licensed psychologist, licensed independent clinical social worker, licensed clinical social worker, licensed mental health counselor, licensed psychiatric clinical nurse specialist, certified addictions registered nurse, licensed alcohol and drug counselor I or licensed alcohol and drug counselor II as defined in section 1 of chapter 111J, certified alcohol and drug abuse counselor or certified alcohol and drug abuse counselor II as certified by the Massachusetts Board of Substance Abuse Counselor Certification or an equivalent certifying body or a registered nurse or nurse practitioner certified by the board of registration in nursing pursuant to chapter 112; and (ii) has received training and a certificate of completion from the National Acupuncture Detoxification Association or from a state-recognized organization or agency that meets or exceeds National Acupuncture Detoxification Association training to engage in the practice of auricular acupuncture detoxification protocol for the treatment of addictions, mental and behavioral health, trauma as a result of a disaster and other emotional trauma.
(b) An individual who is not a licensed acupuncturist shall not engage in the practice of the auricular acupuncture detoxification or represent themself as an acupuncture detoxification specialist unless the individual: (i) has been issued: (A) an approved registration by the department to practice auricular acupuncture detoxification in accordance with this section; or (B) a license or certificate in another state with requirements that are at least equivalent to the requirements of this section, as determined by the commissioner; and (ii) has been trained in the standardized auricular acupuncture detoxification protocol in accordance with National Acupuncture Detoxification Association training or an equivalent training certificate by a state-recognized organization.
To engage in the practice of auricular acupuncture detoxification within the individual’s designated lawful scope of practice, a qualified health care professional shall file an application to register as an acupuncture detoxification specialist with the department on a form provided by the commissioner. Each application may be accompanied by the payment of a fee to be determined by the commissioner.
The applicant seeking to practice auricular acupuncture detoxification shall, at a minimum, furnish proof of: (i) relevant licensure or certification as a qualified health care professional; and (ii) completion of the National Acupuncture Detoxification Association training or an equivalent training certificate by a state-recognized organization. An applicant who is registered or certified in another state with requirements that are at least equivalent to the requirements of this section, as determined by the commissioner, shall be allowed to practice auricular acupuncture detoxification in accordance with this section. A registration issued under this section shall be valid for 2 years and subject to renewal as determined by the department.
(c) Auricular acupuncture detoxification shall only be performed by a licensed acupuncturist or a qualified health care professional within their designated lawful scope of practice for the purpose of providing integrated health care delivery interventions in substance abuse treatment and wellness promotion including, but not limited to, treating mental and emotional health, post and acute trauma, addiction or chemical dependency.
(d) A qualified health care professional registered in accordance with this section shall only practice under the general supervision of a licensed acupuncturist; provided, however, that no such individual shall use the title “acupuncturist” or otherwise represent themself or imply that they are a licensed acupuncturist and shall not perform or practice acupuncture outside of the scope of the auricular acupuncture detoxification as defined in this section.
(e) Nothing in this chapter or sections 149 to 162, inclusive, of chapter 112 shall prohibit, limit, interfere with or prevent a qualified health care professional from practicing or performing auricular acupuncture detoxification if the individual is acting within the lawful scope of practice in accordance with the individual’s license and the auricular acupuncture detoxification is performed in: (i) a private, freestanding facility licensed by the department that provides care or treatment for individuals with substance use disorders or other addictive disorders; (ii) a facility under the direction and supervision of the department of mental health; (iii) a setting approved or licensed by the department of mental health; or (iv) any other setting where auricular acupuncture detoxification is an appropriate adjunct therapy to a substance use disorder or behavioral health treatment program; provided, however, that individual or 1-on-1 appointments with a health care provider not within a setting pursuant to this subsection shall not be an appropriate setting in accordance with this section.
(f) The department may promulgate regulations to implement this section.
SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after section 155 the following section:-
Section 155A. Nothing in this chapter shall prohibit, limit, interfere with or prevent a licensed physician or medical acupuncturist from practicing or performing auricular acupuncture detoxification, as defined in section 244 of chapter 111, if the physician or acupuncturist is acting within the lawful scope of practice in accordance with their license.
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An Act relative to postpartum depression screenings
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H2163
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HD3129
| 193
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{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-11T15:01:59.913'}
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[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-11T15:01:59.9133333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-28T11:17:18.8366667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T15:58:35.7433333'}, {'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-02-28T11:41:18.3066667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T14:40:15.3'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-30T11:50:32.2033333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-27T17:24:39.1933333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-31T13:56:47.7166667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-15T18:12:08.3033333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-09T13:35:03.53'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-31T12:53:35.1866667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:43:54.5233333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-06T16:35:52.13'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-06T09:52:42.3366667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-31T10:25:30.4133333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:08:02.96'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-31T17:06:00.11'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-31T14:25:43.44'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-02T12:14:38.8566667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-20T16:10:30.0166667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-20T17:17:36.54'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:09:14.6766667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-06T14:15:52.6266667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-24T12:08:55.7166667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:51:05.8566667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T13:19:09.4'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:00:00.6066667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-06-27T10:36:27.65'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:44:09.0166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:14:53.21'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-31T13:56:57.81'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-07T15:58:07.9566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:16:10.5566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-26T14:54:31.6066667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-25T14:45:23.6366667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T16:11:21.4'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-07T16:00:45.41'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-15T11:00:31.93'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T15:47:01.5533333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-03-28T16:43:38.7533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T13:27:25.4466667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-24T11:36:14.65'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:44:11.75'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-30T16:47:31.5466667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-30T10:48:40.59'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:40:20.2666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:07:52.0666667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-01T09:49:47.51'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-02-02T08:53:40.98'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-12T11:20:13.5166667'}, {'Id': 'JFM1', 'Name': 'John Francis Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFM1', 'ResponseDate': '2023-08-01T11:00:58.9266667'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-09-06T11:06:48.3366667'}]
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Bill
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By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 2163) of Carole A. Fiola and others that the Division of Medical Assistance be directed to provide coverage for screenings for postpartum depression. Public Health.
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SECTION 1. Chapter 118E of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 10N the following: -
Section 10O. The division shall provide coverage of screenings by pediatricians for postpartum depression in mothers of newly born children during any visit to a pediatrician’s office taking place for up to one year from the date of the child’s birth.
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An Act relative to patient assessment and notification prior to prescribing certain medications
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H2164
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HD3147
| 193
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{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-11T15:26:35.743'}
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[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-11T15:26:35.7433333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-07-24T10:40:41.3833333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-08-29T10:11:31.8366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:41:32.8166667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-08-29T20:06:16.65'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:17:26.3566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:22:20.1'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-08-29T11:13:52.11'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-30T09:03:41.3133333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:43:47.1166667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-19T12:32:15.0966667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-12T10:58:20.3866667'}, {'Id': 'JFM1', 'Name': 'John Francis Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFM1', 'ResponseDate': '2023-09-06T11:06:15.37'}]
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Bill
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By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 2164) of Carole A. Fiola and others relative to patient assessment and notification prior to prescribing certain medications. Public Health.
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SECTION 1. Section 1 of chapter 94C of the General Laws, as amended by section 8 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition of “Agent” the following definition:-
“Benzodiazepine”, any substance or drug that: (i) contains a benzene ring fused to a 7 member diazepine ring; (ii) results in the depression of the central nervous system; (iii) is primarily intended to treat insomnia, convulsions and anxiety; and (iv) is used for muscle relaxation and pre-operation treatment, including alprazolam, clonazepam, diazepam, lorazepam and temazepam.
SECTION 2. Said section 1 of said chapter 94C, as so amended, is hereby further amended by inserting after the definition of “Narcotic drug” the following definition:-
“Non-benzodiazepine hypnotic”, any substance or drug that produces effects similar to that of a benzodiazepine and is primarily intended to treat insomnia, including zaleplon, zopiclone and zolpidem.
SECTION 3. Section 18A of said chapter 94C, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Prior to prescribing an extended-release long-acting opioid in a non-abuse deterrent form for outpatient use for the first time, a practitioner registered under section 7, not including veterinarians, shall conduct a review with a patient, and if the patient is a minor, the patient’s parent or legal guardian, including: (i) an evaluation of the patient's current condition, risk factors, history of mental health or substance use disorder, if any, and whether the patient has taken or is currently taking medication to treat said disorder; (ii) an assessment of alternative treatments that may be available; and (iii) a discussion with the patient and, if the patient is a minor, the patient’s parent or legal guardian, of the risks associated with the medication, including, but not limited to the risks of addiction and overdose associated with opioid drugs. Following the review the practitioner, not including veterinarians, shall, in a form prescribed by the commissioner, obtain the patient’s written informed consent, and, if the patient is a minor, the written informed consent of the patient’s parent or legal guardian for the prescription of an extended-release long-acting opioid. The form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content, and shall include information regarding: (i) misuse and abuse of opioids by adults and children; (ii) risk of dependency and addiction; and (iii) risks associated with long-term use of the medication.
SECTION 4. Said chapter 94C is hereby amended by inserting after said section 18A the following section:-
Section 18A1/2. Prior to prescribing a benzodiazepine or a non-benzodiazepine hypnotic for the first time, a practitioner registered under section 7, not including veterinarians, shall conduct a review with a patient, and if the patient is a minor, the patient’s parent or legal guardian, including: (i) an evaluation of the patient's current condition, risk factors, history of mental health or substance use disorder, if any, and whether the patient has taken or is currently taking medication to treat said disorder; (ii) an assessment of alternative treatments that may be available; and (iii) a discussion with the patient and, if the patient is a minor, the patient’s parent or legal guardian, of the risks associated with the medication. Following the review, the practitioner, not including veterinarians, shall, in a form prescribed by the commissioner, obtain the patient’s written informed consent, and, if the patient is a minor, the written informed consent of the patient’s parent or legal guardian for the prescription of a benzodiazepine or non-benzodiazepine hypnotic. The form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content and shall include information regarding: (i) misuse and abuse of benzodiazepines and non-benzodiazepine hypnotics by adults and children; (ii) risk of dependency and addiction; and (iii) risks associated with long-term use of the medication.
SECTION 5. Said chapter 94C is hereby further amended by striking out section 18C and inserting in place thereof the following section:-
Section 18C. Prior to prescribing an opioid contained in Schedule II or any other opioid pain reliever for the first time, a practitioner registered under section 7, not including veterinarians, shall conduct a review with a patient, and if the patient is a minor, the patient’s parent or legal guardian, including: (i) an evaluation of the patient's current condition, risk factors, history of mental health or substance use disorder, if any, and whether the patient has taken or is currently taking medications to treat any such disorders; (ii) an assessment of alternative treatments that may be available; and (iii) a discussion with the patient and, if the patient is a minor, the patient’s parent or legal guardian, of the risks associated with the medication, including, but not limited to the risks of addiction and overdose associated with opioid drugs. Prior to issuing a third prescription for an opioid contained in Schedule II or any other opioid to a patient, the practitioner, not including veterinarians, shall conduct another review with the patient, and if the patient is a minor, the patient’s parent or legal guardian, including: (i) an assessment of alternative treatments that may be available; and (ii) a discussion with the patient and, if the patient is a minor, the patient’s parent or legal guardian, of the risks associated with the medication, including but not limited to the risks of addiction and overdose associated with opioid drugs. Following each review, the practitioner, not including veterinarians, shall, in a form to be prescribed by the commissioner, obtain the patient’s written informed consent, and, if the patient is a minor, the written informed consent of the patient’s parent or legal guardian. This form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content and shall include information regarding: (i) misuse and abuse of opioids by adults and children; (ii) risk of dependency and addiction; and (iii) risks associated with long-term use of the medication.
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An Act to reduce fraud in prescription drug abuse testing and help prevent substance abuse
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H2165
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HD3151
| 193
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{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T10:14:45.563'}
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[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T10:14:45.5633333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:43:33.7133333'}]
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Bill
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By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 2165) of Carole A. Fiola and Paul A. Schmid, III that the Office of Medicaid be authorized to require laboratories providing toxicology testing to demonstrate functional and operational test-utilization and test-frequency control programs. Public Health.
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SECTION ##. Chapter 118E of the general laws is hereby amended by adding at the end thereof the following new Section:
SECTION ##. To ensure appropriate and responsible use of drug testing, for laboratories providing toxicology testing, the Office of Medicaid is authorized to require that these providers demonstrate a functional and operational test-utilization and test-frequency control program that will ensure compliance with MassHealth’s utilization and frequency requirements for clinical drug testing.
Notwithstanding any general or special law to the contrary, an independent clinical laboratory, licensed under the Clinical Laboratory Improvement Amendments (CLIA) by the U.S. Centers for Medicare and Medicaid (CMS) that is located out-of-state and accredited by both the College of American Pathologists (CAP) and the New York State Clinical Laboratory Evaluation Program (CLEP), and providing and being reimbursed for managed Medicaid services in Massachusetts, shall be deemed eligible and qualified to participate as a MassHealth fee-for-service provider and eligible for payment for clinical toxicology testing purposes. Payments made to qualified laboratories under this section will only apply when a qualified laboratory provides toxicology test results to the referring health care provider within two business days of receipt of the test specimen.
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An Act relative to local boards of health and the sale of legal tobacco products in the Commonwealth
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H2166
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HD3546
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:20:03.04'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:20:03.04'}]
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 2166) of Paul K. Frost for legislation to prohibit local boards of health from banning the sale of tobacco products sold legally in the Commonwealth. Public Health.
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Notwithstanding any general or special law to the contrary, Boards of Health in cities and towns shall not have the power to ban the community-wide sale of legal tobacco products by authorized stores, establishments and any other entities legally allowed to sell tobacco in the Commonwealth and within the existing by-laws of the community, wholesale or retail, without receiving the approval of town meeting or city council to create such a by-law within the city or town. This provision shall not interfere with a Board of Health’s ability to take action for an emergency and immediate health concern for a certain brand of the tobacco product or from a specific location if a health code violation has otherwise occurred or some other emergency health issue should arise so long as such action is not to ban the legal sale for the sake of doing so.
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An Act requiring identification of food allergens in eating establishments
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H2167
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HD3563
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:27:39.087'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:27:39.0866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2167/DocumentHistoryActions
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 2167) of Paul K. Frost for legislation to require restaurants to identify for customers the presence and origin of food allergens contained in the list of products offered by such restaurants. Public Health.
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Chapter 94 of the General Laws is hereby amended by inserting after section 48E the following section:-
Section 48F. All establishments which serve food will be required to identify in English the presence of ingredients that contain protein derived from milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans in the list of ingredients or to say “contains” followed by the name of the source of the food allergen after or adjacent to the list of food products offered. Said list shall be listed on menus or separate food allergen list readily available to patrons and employees or posted in a location easily viewable by all patrons and employees. Food allergen list requirements may be modified by direction of the department of public health.
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An Act relative to preventing death by drug overdose
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H2168
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HD150
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:32:50.393'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:32:50.3933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T09:47:31.1433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2168/DocumentHistoryActions
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Bill
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By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 2168) of William C. Galvin and Carol A. Doherty for legislation to authorize emergency medical technicians to restrain patients who present immediate or serious threats of bodily harm to themselves or others. Public Health.
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SECTION 1. Chapter 111C of the General Laws is hereby amended by striking out section 18, as appearing in the 2012 Official Edition, and inserting in place thereof the following 2 sections:
Section 18. Subject to regulations and guidelines promulgated by the department, an emergency medical technician may restrain a patient who presents an immediate or serious threat of bodily harm to himself or others. Upon request by an EMT, a law enforcement official shall assist in the restraint of a patient. The minimum necessary restraint shall be used. Any such restraint shall be noted in the written report of said emergency medical technician.
Section 18A. If a law enforcement official, firefighter or EMS personnel administers an opioid antagonist, as defined in section 19B of chapter 94C, to a person suffering from an apparent drug overdose, such person shall be transported, with or without the person’s consent, by ambulance to a hospital for monitoring, observation and possible treatment until such time as the treating physician determines that the overdose has been reversed and the person is not in imminent danger. Law enforcement officials or EMS personnel may restrain a person transported pursuant to this section in accordance with the provisions of section 18. If a law enforcement official reasonably believes that his or her safety or the safety of other persons present so requires, the officer may search the person and the immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapons which may on that occasion be used against the officer or other person present.
SECTION 2. Said chapter 111C is hereby further amended by striking out section 21, as so appearing, and inserting in place thereof the following section:-
Section 21. No EMS personnel certified, accredited or otherwise approved under this chapter, and no additional personnel certified or authorized under section 9, who in the performance of their duties and in good faith render emergency first aid, cardiopulmonary resuscitation, transportation, including the transportation of a person suffering from an apparent drug overdose pursuant to section 18A, or other EMS, to an injured person or to a person incapacitated by illness shall be personally liable as a result of rendering such aid or services or, in the case of an emergency medical technician or additional personnel, as a result of transporting such person to a hospital or other health care facility, nor shall they be liable to a hospital for its expenses if, under emergency conditions, including expenses incurred in monitoring, observing or treating a person pursuant to section 18A, they cause the admission of such person to said hospital.
SECTION 3. Chapter 112 of the General Laws is hereby amended by striking out section 12V, as amended by chapter 38 of section 2014, and inserting in place thereof the following section:-
Section 12V. Any person who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation, defibrillation, transport to a hospital, or administration of an opioid antagonist, as defined in section 19B of chapter 94C, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.
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An Act relative to patient access to information regarding breast reconstructive surgery
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H2169
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HD158
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:42:52.13'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:42:52.13'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2169/DocumentHistoryActions
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Bill
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By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 2169) of William C. Galvin relative to patient information regarding reconstructive surgery. Public Health.
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Section 70E of chapter 111 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following section:
Every facility that provides mastectomy surgery, lymph node dissection or a lumpectomy shall provide information to the patient concerning the option of reconstructive surgery following such procedures, including the availability of coverage for reconstructive surgery. The information shall be provided to the patient in writing and in advance of obtaining consent to the surgical procedure. The information provided shall include at least the following:
1. A description of the various reconstructive options and the advantages and disadvantages of each;
2. A description of any required health coverage benefits related to reconstructive surgery under Federal and State law;
3. A description of how a patient may access reconstructive care, including the potential of transferring care to a facility that provides reconstructive care or choosing to pursue reconstruction after completion if breast cancer surgery and chemo/radiotherapy if warranted.
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