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An Act relative to income calculation of certain benefits
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H217
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HD983
| 193
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{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:41:23.283'}
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[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:41:23.2833333'}]
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Bill
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By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 217) of Paul A. Schmid, III relative to income calculation for certain benefits paid for necessary work-related travel expenses for certain persons with developmental or intellectual disabilities. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 123B Section 16 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding following 2 paragraphs: -
For the purposes of this section, the term “necessary work-related travel expenses” shall mean any expenses incurred for the purposes of commuting to work.
The department shall deduct certain necessary work-related travel expenses for persons with a developmental disability or an intellectual disability when calculating an individual’s income for the purposes of determining charges pursuant to this section. Necessary work-related travel expenses shall be deducted if:
(i) an individual uses a vehicle to travel to work and that vehicle requires structural or operational modifications that are directly related to the individual’s disability and critical to the individual’s operation or use of the vehicle. The department shall deduct the costs of the modifications and a mileage allowance at a rate determined by the Federal Highway Administration;
(ii) an individual uses driver assistance, taxicabs, or other hired vehicles to travel to work. The department shall deduct amounts paid for the hired vehicle service;
(iii) an individual uses public transportation to travel to work. The department shall deduct amounts paid for public transportation services; or
(iv) an individual is unable to use public transportation or a hired vehicle service to travel to work due to their disability and uses an unmodified vehicle to travel to work. The department shall request documentation from a physician or other source to verify that the need to drive is caused by the individual’s disability. If the department receives verification, the department shall deduct a mileage allowance at a rate determined by the Federal Highway Administration.
SECTION 2. Section 9A of chapter 118E of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
(17) For the purposes of determining financial eligibility for persons with a developmental disability or an intellectual disability, as defined in section 1 of chapter 123B, the division shall deduct certain necessary work-related travel expenses pursuant to section 16 of chapter 123B from the applicant’s income, if applicable.
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An Act relative to Parkinson's Disease public awareness and education
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H2170
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HD164
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:48:31.44'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:48:31.44'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-10T16:11:35.0233333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-25T09:41:37.5266667'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-25T15:58:17.8766667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T11:43:54.1433333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-26T16:35:29.09'}]
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Bill
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By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 2170) of William C. Galvin and others that the Department of Public Health be authorized to establish a Parkinson's disease public information and education program. Public Health.
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SECTION 1. The department of public health, in consultation with the Massachusetts Chapter of the American Parkinson Disease Association, shall establish a Parkinson's disease public information and education program to promote public awareness of Parkinson's disease and the value of early detection.
The department's outreach campaign shall include, but is not limited to, the following subjects:
(i) the cause and nature of the disease; (ii) diagnostic procedures and appropriate indications for their use; (iii) lifestyle issues relating to how a person copes with Parkinson's disease, including, but not limited to, nutrition, diet, and physical exercise; (iv) environmental safety and injury prevention; and (v) availability of Parkinson's disease diagnostic and treatment services in the community.
Section 2. The department of public health shall develop informational booklets about Parkinson's disease and make the booklets available to all licensed health care facilities engaged in the diagnosis or treatment of Parkinson's disease, as well as, to health care professionals, community health centers, and members of the public upon their request. The department shall publicize and make available the booklet to the maximum extent possible, and shall make the booklet available electronically on its Internet website in English and Spanish. This information may be revised by the department whenever new information about Parkinson's disease becomes available.
Section 3. The department of public health shall develop educational programs for other personnel, including judicial staff, police officers, fire fighters, and social services and emergency medical service providers, to assist them in recognizing the symptoms of Parkinson's disease and understanding how to respond to the needs of persons with the disease in the course of performing their duties, including dissemination of the informational booklet mandated by Section 2 of this chapter.
Section 4. The department of public health shall create and maintain a list of current providers of specialized services for the diagnosis and treatment of Parkinson's disease. Dissemination of the list shall be accompanied by a description of diagnostic procedures. The statement shall also indicate that the department does not endorse specific Parkinson's disease programs or centers in this State.
Section 5. This act shall take effect on the 180th day following enactment.
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An Act relative to non-medical healthcare expenses related to prevention of disease
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H2171
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HD180
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T14:41:55.06'}
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[{'Id': None, 'Name': ' Danae Isbister', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-10T14:41:55.06'}]
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Bill
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By Representative Galvin of Canton (by request), a petition (accompanied by bill, House, No. 2171) of Danae Isbister relative to non-medical healthcare expenses related to prevention of disease. Public Health.
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Chapter 111 of the General Laws is hereby amended by inserting after section 228 the following section:-
Section 228A. (a) No health care provider shall charge a patient for non-medical expenses related to prevention of disease, including but not limited to: (1) personal protective equipment worn by a health care provider during a medical procedure or in-person visit and (2) increased cleaning and sterilization costs.
(b) The department shall promulgate regulations to implement this section.
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An Act relative to pupil dental health
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H2172
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HD2224
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T14:10:00.293'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T14:10:00.2933333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T11:36:02.0833333'}]
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-17T14:10:00.293'}
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Bill
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By Representatives Garballey of Arlington and Barber of Somerville, a petition (accompanied by bill, House, No. 2172) of Sean Garballey and Christine P. Barber relative to oral health examinations for public school students. Public Health.
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SECTION 1: Chapter 71 Section 57 of the General Laws is hereby amended by inserting the following after the first paragraph:
Upon entering kindergarten or within 30 days of the start of the school year, the parent or guardian of each child shall present to school health personnel certification that the child within the previous 12 months has received a dental screening by a qualified licensed dental professional that was performed no earlier than 12 months prior to the date of initial enrollment of the pupil.
The parent or legal guardian of a pupil may be excused from complying by indicating that the dental screening could not be completed because of one or more of these reasons:
(A) Completion of a screening poses an undue financial burden on the parent or legal guardian.
(B) Parents or legal guardians does not consent to a dental screening.
SECTION 2: Chapter 71 of the General Laws is hereby amended by inserting after Section 34H, the following new section:-
Section 34I. A public school shall notify the parent or legal guardian of a pupil described in the second paragraph of Section 57 of Chapter 71 concerning the screening required. The notification shall, at a minimum, consist of a letter that includes all of the following:
(1) An explanation of the administrative requirements of this section.
(2) Information on the importance of primary teeth.
(3) Information on the importance of oral health to overall health as it relates to learning.
(4) Contact information for public health departments.
(5) A statement of privacy applicable under state and federal laws and regulations.
SECTION 3: Chapter 111 of the General Laws is hereby amended in Section 185A by inserting at the end of the Section the following sentence:-
The department shall provide information to parents and legal guardians about programs and services to access affordable dental care.
SECTION 4: In order to ensure uniform data collection, the department of public health, in consultation with interested persons, shall develop and make available on the internet website of the department, a standardized notification form as specified in section 2 that shall be used by each school district. The standardized form shall include all of the following:
(1) A section that can be used by the licensed dental professional performing the dental screening to record information that includes, but is not limited to, the following:
(A) Date of the dental screening
(B) School name
(C) Name and address of the licensed dental professional performing the screening
(D) Grade
(E) Age
(F) Gender
(G) Race/ethnicity
(H) Charting of untreated cavities
(I) Number of missing teeth
(J) Number of filled cavities
(K) Presence of sealants on permanent molars
(L) Treatment urgency
(2) A section in which the parent or legal guardian of a pupil can indicate the reason why a screening could not be completed by marking the box next to the appropriate reason. The reasons for not completing a screening shall include those detailed in section 1 subparagraphs (A) and (B).
SECTION 5: Upon receiving completed screening forms, all school districts shall, by December 31 of each year, submit a report to the department of public health. The department of public health shall create, in consultation with interested persons, an internet-based application for the collection of the reports. The report shall include all of the following:
(1) The total number of pupils in the district, by school, who are subject to the requirement to present proof of having received an oral health assessment pursuant to Section 1.
(2) The total number of pupils described in paragraph (1) who present proof of a screening.
(3) The total number of pupils described in paragraph (1) who could not complete a screening due to financial burden.
(4) The total number of pupils described in paragraph (1) who could not complete a screening due to lack of access to a licensed dentist.
(5) The total number of pupils described in paragraph (1) who could not complete a screening because their parents or legal guardians did not consent to their child receiving the screening.
(6) The total number of pupils described in paragraph (1) who are screened and found to have untreated decay.
(7) The total number of pupils described in paragraph (1) who did not return either the screening form or the waiver request to the school.
SECTION 6: The department of public health shall maintain the data described in section 5 in a manner that allows the department to release it upon request. This section does not prohibit any of the following:
(1) The department of public health from sharing aggregate data collected pursuant to section 5 with other governmental agencies, philanthropic organizations, or other nonprofit organizations for the purpose of data analysis.
(2) Use of the screening data that is compliant with the federal Health Insurance Portability and Accountability Act of 1996 for the purposes of conducting research and analysis on the oral health status of public school pupils in the commonwealth.
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An Act requiring automatic external defibrillator devices in health clubs
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H2173
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HD2574
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:21:18.2'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:21:18.2'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T14:31:55.63'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-25T10:31:52.5366667'}]
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Bill
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By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 2173) of Sean Garballey and Jessica Ann Giannino relative to health clubs and the use and deployment of defibrillators. Public Health.
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SECTION 1. Section 78 of chapter 93 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 1, the words “section seventy-nine to eighty-eight” and inserting in place thereof the following words:- sections 78A to 88.
SECTION 2. Said chapter 93 is hereby further amended by inserting after section 78, as so appearing, the following section:-
Section 78A. A health club shall have on the premises at least 1 AED, as defined in section 12V½ of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section 12V½ of said chapter 112.
Section 78B. A health club shall have a written emergency response policies and procedures, which shall be reviewed regularly and rehearsed. The written plan should be publicly available to all health club members.
Section 78C
The location of each AED shall have the following characteristics: secure and easily accessible; well marked, publicized, and known among trained staff; and near a communication line (telephone, radio, etc.) that may be used to contact backup, security, EMS, or 911.
SECTION 3. Section 86 of said chapter 93, as so appearing, is hereby amended by adding the following paragraph:-
Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.
SECTION 4. Chapter 112 of the General Laws is hereby amended by striking out section 12V, as so appearing, and inserting in place thereof the following section:-
Section 12V. Any person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, 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.
SECTION 5. Sections 1 and 2 of this act shall not apply to a health club, as defined by section 78 of chapter 93 of the General Laws, if that health club employs 5 or fewer full-time equivalent employees, until 2 years after the effective date of this act. Sections 1 and 2 of this act shall not apply to a health club, as so defined by said section 78 of said chapter 93, if that health club employs more than 5 full-time equivalent employees, until 1 year after the effective date of this act. For the purposes of this section, the term “full-time equivalent employee” shall equal 40 labor hours per week.
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An Act relative to liability protection for disaster volunteers
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H2174
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HD2582
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:25:43.617'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:25:43.6166667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-24T15:24:42.2733333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-25T16:50:24.41'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T09:38:02.3866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T16:32:46.7333333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-02T11:07:53.0933333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T10:39:35.56'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T16:58:07.85'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:46:18.68'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T15:08:50.5166667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-22T14:53:12.7966667'}]
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By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 2174) of Sean Garballey and others relative to liability protection for disaster volunteers. Public Health.
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SECTION 1. Chapter 112 of the General Laws is hereby amended by adding the following sections:-
Section 12C ½. Whereas licensed registered nurses are critical, necessary volunteers in disasters and emergencies occurring in the commonwealth, in order to provide for community need, as volunteers they require protection from the commonwealth for licensure board discipline; for civil and/or criminal liability and/or prosecution for injury or harm caused to a patient cared for while serving as a volunteer; and for protection from injury or harm he/she personally suffers during the course or as a result of his/her volunteer service.;
(a) As used in this section, the following words, shall, unless the context clearly requires otherwise, have the following meanings:-
“Disaster”, an emergency detrimental to the public health declared by the governor of the commonwealth of Massachusetts under section 2A of Chapter 17; a state of emergency declared by the governor under chapter 639 of the Acts of 1950 (“Civil Defense Act”); and/or a public health incident where local public health authorities have issued a request for volunteers because local resources have been or are expected to be exhausted or are insufficient.
“Patient'', an individual who receives health services from a licensed registered nurse during a declared disaster or emergency.
“Volunteer”, a licensed registered nurse in good standing who volunteers his/her services in a disaster or emergency without compensation or expectation of payment.
(b) A registered nurse licensed in the commonwealth of Massachusetts with no encumbrance on his/her license who provides oversight or direct care to patients who are victims of a disaster or emergency declared by the governor of the commonwealth of Massachusetts or local public health authorities is not subject to licensure board discipline under sections 74 to 81C of chapter 112 of the general laws, or to civil or criminal liability or prosecution for any injury or harm that results from any act or omission that does not amount to criminal negligence:
(c) A volunteer as defined in subsection (a) who sustains injury, disability or who dies while serving as a volunteer shall be construed to be an employee of the commonwealth and shall be compensated in like manner as state employees are compensated under the provisions of sections 69 through 75 of chapter 152 of the general laws.
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An Act relative to medical physics
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H2175
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HD3996
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T15:59:49.13'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T15:59:49.13'}]
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By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 2175) of Sean Garballey for legislation to establish a board of registration in medical physics. Public Health.
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SECTION 1. Chapter 13 of the General Laws is hereby amended by inserting after section 108 the following section:
Section 109. (a) There shall be a board of registration in medical physics, hereinafter referred to as the board. The board shall consist of 9 members to be appointed by the commissioner of the department of public health. Members shall be residents of the commonwealth. The board shall be comprised of: 5 licensed medical physicists; 3 licensed physicians registered pursuant to chapter 112; and 1 representative of the general public, subject to the provisions of section 9B. The 5 licensed medical physicist board members shall represent the following specialties: diagnostic radiological physics; therapeutic radiological or radiation oncology physics; medical nuclear physics; and medical health physics. The 3 licensed physicians shall represent the following specialties: diagnostic radiology; radiation therapy or radiation oncology; and nuclear medicine.
(b) Members of the board shall be appointed for a term of 3 years, except of the members of the first board, 5 members shall be appointed for terms of 3 years, and 4 members shall be appointed for terms of 2 years. No member shall be appointed to more than 2 consecutive full-terms, provided, however, that a member appointed for less than a full-term may serve 2 full-terms in addition to such of a part of a full-term, and a former member shall again be eligible for appointment after a lapse of 1 or more years.
(c) The board shall meet not less than 2 times per calendar year. At its first meeting and annually thereafter, the board shall elect from among its members a chairperson, a vice-chairperson and secretary who shall each serve for 1 year and until a successor is appointed and qualified. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The board shall undertake the duties as the rules and regulations of said board shall direct, including the provisions included in sections 265 to 275 of chapter 112. Notwithstanding these provisions, the board shall assist the board of medicine solely in medical physics matters. The licensure requirements for licensed medical physicists shall be waived for the initial state board appointees, provided that such appointees shall have received national certification in their specialty.
SECTION 2. Chapter 112 of the General Laws is hereby amended by adding the following 11 sections:-
Section 265. For the purposes of sections 265 to 275, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Board”, the board of registration in medical physics established under section 109 of chapter 13.
"Clinical", activities directly relating to the treatment or diagnosis of human ailments.
“Direct Supervision”, a licensed medical physicist must exercise general supervision and be present in the facility and immediately available to furnish assistance and direction throughout the performance of the procedure but is not required to be present in the room when the procedure is being performed.
“General Supervision”, a procedure performed under a licensed medical physicist’s overall direction and control but the licensed medical physicist’s presence is not required during the performance of the procedure. The training of the personnel who actually perform the procedure and the maintenance of the necessary equipment and supplies are the continuing responsibility of the licensed medical physicist.
"Medical physics", a branch of physics that is associated with the practice of medicine by the use of principles and accepted protocols of physics to provide the quality, quantity, and placement of radiation during the performance of a radiological procedure.
“Personal Supervision”, a licensed medical physicist must exercise general supervision and be present in the room during the performance of the procedure.
“Radiation”, the ionizing or non-ionizing radiation above background levels which is used to perform a diagnostic or therapeutic medical or dental radiological procedure.
"Radiological Physics", shall consist of diagnostic radiological physics, therapeutic radiological physics or radiation oncology physics, medical nuclear physics and medical health physics.
"Radiological Procedure", a test, measurement, calculation, or radiation exposure used in the diagnosis or treatment of diseases or other medical or dental conditions in human beings that includes therapeutic radiation, diagnostic radiation, nuclear magnetic resonance, or nuclear medicine procedures.
"Specialty" or "specialty area", includes the following branch or branches of special competence within medical physics: (1)"Therapeutic Radiological Physics" or "Radiation Oncology Physics", a branch of medical physics relating to the therapeutic applications of x-rays, gamma rays, electron and charged particle beams, neutrons and radiations from sealed radionuclide sources; the equipment associated with their production, use, measurement and evaluation; the quality of images resulting from their production and use; and the medical health physics associated with this subfield. (2) "Diagnostic Radiological Physics", a branch of medical physics relating to the diagnostic applications of x rays, gamma rays from sealed sources, ultrasonic radiation, radio frequency radiation and magnetic fields; the equipment associated with their production, use, measurement and evaluation; the quality of images resulting from their production and the use of medical health physics associated with this subfield; (3) "Medical Nuclear Physics", a branch of medical physics pertaining to the therapeutic and diagnostic applications of radionuclides, except those used in sealed sources for therapeutic purposes, the equipment associated with their production, use, measurement and evaluation; the quality of images resulting from their production and use and the medical health physics associated with this subfield; and (4) "Medical Health Physics", a branch of medical physics pertaining to the safe use of x rays, gamma rays, electron and other charged particle beams or neutrons or radionuclides and of radiation from sealed radionuclide sources for both diagnostic and therapeutic purposes, except with regard to the application of radiation to patients for diagnostic or therapeutic purposes and the instrumentation required to perform appropriate radiation surveys.
Section 266. The board shall adopt, amend and rescind rules and regulations as it deems necessary for the proper conduct of its duties. The board shall keep a full record of its proceedings and keep a register of all persons licensed by it, which shall be available for public inspection. The register shall contain the name of every active licensee, the licensee’s last known place of business and last known place of residence, and the date and number of the licensee’s license as a medical physicist.
Section 267. The board shall: (1) adopt rules and regulations establishing licensing requirements; (2) issue licenses to those applicants it finds qualified; (3) investigate complaints against persons licensed under this section; (4) hold hearings and order the disciplinary sanction of any person who violates any of the provisions of sections 265 to 275, inclusive, or a regulation of the board; (5) approve education and training programs that meet the requirements of the board and sections 265 to 275, inclusive, and deny revoke, or suspend approval of such programs for failure to meet the requirements; (6) adopt standards for approved medical physicist education and training; (7) adopt professional continuing education requirements for medical physicists; and (8) adopt ethical standards.
Section 268. The practice of the profession of medical physics, as referred to in sections 265 to 275, inclusive, shall mean the use of principles and accepted protocols of physics to provide the quality, quantity, and placement of radiation during the performance of a radiological procedure. A license to practice medical physics shall be issued with special competency in one or more specialty areas in which the licensee has satisfied the requirements of section 270. The practice in any specialty by a person whose license is not issued with special competency for such specialty shall be deemed the unauthorized practice of the profession of medical physics. Only a person licensed under section 270 shall practice the profession of medical physics and shall use the title “licensed medical physicist”.
Section 269. A person who desires to be licensed as a medical physicist shall apply to the board in writing on an application form prescribed and furnished by the board. The applicant shall include in the application statements under oath satisfactory to the board showing that the applicant possesses the qualification required by section 270. At the time of filing the application, an applicant shall pay to the board a fee which shall be set by the secretary of administration and finance.
Section 270. To be eligible for licensure as a medical physicist, an applicant shall fulfill the following requirements:
(a) file an application with the board;
(b) have received an education including a graduate degree from an accredited college or university in accordance with regulations and have completed such courses as defined by the board in the medical physics specialty in which the applicant has applied for a license;
(c) have experience in his or her medical physics specialty satisfactory to the board and in accordance with regulations;
(d) receive and maintain board certification in his or her medical physics specialty satisfactory to the board; and
(e) pay the fees associated with licensing for a medical physicist.
Section 271. (a) The board may issue a provisional license to any person who:
(1) fulfills all requirements for a licensed medical physicist under section 270 except those relating to board certification or experience; or
(2) is enrolled in a graduate or post-graduate program approved by the board; or
(3) has been licensed or certified in good standing as a practitioner in a subspecialty of medical physics for at least 2 years in another jurisdiction, including a foreign country, that has licensing or certification requirements substantially equivalent to the requirements of sections 265 to 275 as determined by the board, and
(i) has passed a national or other examination recognized by the board relating to the subspecialties of medical physics; and
(ii) is sponsored by a person licensed under sections 265 to 275 with whom the provisional license holder will practice during the time the person holds a provisional license.
(b) An individual with a provisional license shall be authorized to practice medical physics only under the direct supervision of a licensed medical physicist and only in the sub-specialty of such licensed medical physicist.
(c) A provisional license permit shall be valid for two years. It may be renewed at the discretion of the board.
(d) Medical physics experience obtained in the commonwealth to be credited towards the experience requirement for licensure shall be obtained under a provisional license.
Section 272. Nothing in sections 265 to 275 shall be construed to:
(a) Affect, prevent or in any manner expand or limit the authority of any person otherwise authorized by law or regulation to practice any function of a medical physicist, or any department or agency authorized by law or regulation to regulate the use of radiation, nor
(b) Prohibit the repair or calibration of any test equipment used by licensed medical physicists by any person otherwise allowed to do so under state or federal law, nor
(c) Serve to limit radiologic and/or imaging technologists or any individual otherwise authorized by law or regulation from performing quality control measurements or obtaining quality control data under the supervision of a licensed medical physicist, nor
(d) Serve to limit neither a service engineer in the repair of radiation producing equipment nor an installation engineer in the installation of radiation producing equipment.
Section 273. Within time frame determined by the effective date of regulations implementing the provisions of sections 265 to 275, the board may issue a license to practice medical physics within one or more specialties in this state, without board certification, to a person who meets the requirements of paragraphs (a) and (b) of section 270 and who in addition has earned a bachelor's, master's or doctoral degree from an accredited college or university that signifies the completion of a course of study acceptable to the board, and has demonstrated to the board’s satisfaction, in the case of an earned bachelor's degree, the completion of at least 15 years of full-time work experience in the medical physics specialty for which application is made, or, in the case of an earned master's or doctoral degree, the completion of at least 2 years of full-time work experience in the 7 years preceding the date of application in the medical physics specialty for which application is made and the equivalent of 1 year or more of full-time work experience in the 10 years preceding the date of application for each additional specialty for which application is made. Applicants for licensure under this section shall be filed with the board not later than 18 months after the effective date of this act.
Section 274. The board shall require continuing education sufficient to maintain professional certification as defined by the board by regulation.
Section 275. (a) The board may, after a hearing pursuant to chapter 30A, revoke, suspend, or cancel the license of a medical physicist, or reprimand or censure a medical physicist, or place any medical physicist licensed under section 270 on probation, upon proof satisfactory to a majority of the board that said medical physicist:
(1) fraudulently or deceptively obtained or attempted to obtain licensure as a medical physicist;
(2) fraudulently violated any provision of law relating to the practice of medicine or medical physics, or any rule of regulation adopted hereunder;
(3) acted with gross misconduct in the practice of medical physics or of practicing medical physics fraudulently, or beyond its authorized scope, or with gross incompetence, or with gross negligence on a particular occasion or negligence on repeated occasions;
(4) practiced medical physics while the ability to practice is impaired by a physical or mental illness, alcohol abuse or substance abuse;
(5) knowingly permitted, aided or abetted an unlicensed person to perform activities requiring a license for purposes of fraud, deception or personal gain;
(6) has been convicted of a criminal offense which reasonably calls into question the ability to practice medical physics;
(7) violated any rule or regulation of the board; or
(8) acted in a manner which is professionally unethical according to ethical standards of the professional of medical physics or violated any provisions of section 265 to 275.
(b) If after hearing the board finds that there are grounds to suspend or revoke a license to practice medical physics, or to reprimand a licensed medical physicist, the board may impose a fine instead of suspending the license or in addition to suspending or revoking the license or reprimanding the licensee.
(c) Unless the board agrees to accept the surrender of a license of an individual the board licenses, the individual may not surrender the license nor may the license lapse by operation of law while the individual is under investigation or while charges are pending. The board may set conditions on its agreement to accept surrender of a license.
SECTION 3. Nothing in this act shall preclude any person who was practicing medical physics before the effective date of this act from practicing medical physics in the commonwealth until the board of medical physics establishes procedures for the licensure of medical physics pursuant to sections 265 to 275, inclusive, of chapter 112.
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An Act relative to emergency medical services oversight
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H2176
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HD1823
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T18:13:20.217'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T18:13:20.2166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:27:23.2966667'}]
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 2176) of Denise C. Garlick and Vanna Howard relative to emergency medical services oversight. Public Health.
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SECTION 1. Paragraph (6) of subsection (b) of section 3 of chapter 111C, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “years”, in line 32, the following words:- , provided that, such plan shall include guidelines for clear and streamlined communication between the regional councils and the department.
SECTION 2. Subsection (c) of said section 3 of said chapter 111C, as so appearing, is hereby amended by striking out the word “board”, in line 101, and inserting in place thereof the following words:- “executive council”.
SECTION 3. Section 4 of said chapter 111C, as so appearing, is hereby amended by striking out paragraph (3) of subsection (c) in its entirety.
SECTION 4. Paragraph (6) of subsection (c) of said section 4 of said chapter 111C, as so appearing, is hereby amended by inserting after the words “input from”, in line 50, the following words:- , and communication to, .
SECTION 5. Said section 4 of said chapter 111C, as so appearing, is hereby amended by inserting after subsection (c) the following section:-
(d) Each regional EMS council shall prepare and annually file with the department and the executive council, on or before May 30, a regional EMS services and support plan outlining the regional EMS council’s planned efforts to meet and advance the regional EMS council’s roles and responsibilities, as outlined in section 4(c) of this chapter. Each regional EMS plan shall be consistent with the state EMS plan, although it may reflect regional differences. Each regional EMS system plan shall also include, without limitation, a trauma plan consisting of, at a minimum, trauma point of entry guidelines and scene triage criteria.
Upon submission, the department may amend each regional EMS council contract, subject to appropriation and to the guidelines provided by section 5 of this chapter, to reflect and respond to the submitted regional EMS plans.
SECTION 6. Subsection (d) of section 5 of said chapter 111C, as so appearing, is hereby amended by inserting after the word “regions”, in line 18, the following words:- , as well as the regional council’s annual submitted regional EMS plan.
SECTION 7. Section 13 of said chapter 111C, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The board shall meet, at a minimum, once annually and serve in a general advisory capacity to the executive council established in section 13A, and the department, in coordinating the efforts of all persons and agencies in the state concerned with the EMS system, and shall render advice on the development of the EMS system where needed. At least one-half of the total appointed members shall constitute a quorum for the transaction of business.
SECTION 8. Said chapter 111C, as so appearing, is hereby amended by inserting after section 13 the following section:-
Section 13A. (a) There shall be within the department an Emergency Medical Services System Executive Council, consisting of the commissioner or a designee; the state medical director, or a designee; 2 directors of regional emergency medical services councils, or their designees, provided that each regional emergency medical service council shall be represented on the executive council for at least 1 term every 10 years; 2 medical directors of regional emergency medical services councils, or their designee, provided that, each regional emergency medical service council shall be represented on the executive council for at least 1 term every 10 years; the director of the office of preparedness and emergency management at the department of public health, or a designee; and 12 members appointed by the commissioner, or their designees, as follows: 1 each from the Professional Fire Fighters of Massachusetts, the Massachusetts Ambulance Association, the Fire Chiefs Association of Massachusetts, the International Association of EMTs and Paramedics, the Massachusetts Call/Volunteer Firefighters Association, the Massachusetts Association of Hospital-Based Paramedic Services, Massachusetts Chapter of the American College of Emergency Physicians, the Massachusetts Chapter of the American College of Surgeons, the Massachusetts Medical Society, and the Massachusetts Municipal Association; 1 from the volunteer ambulance associations; and, a representative of the state 911 department.
The commissioner shall appoint the chair of the executive council. Each appointed member of the executive council shall serve a term of 3 years, or until a successor is appointed and qualified. At least one-half of the total appointed members of executive council shall constitute a quorum for the transaction of business. No appointed member shall serve more than 3 terms. Appointees shall serve without compensation.
(b) The executive council shall meet, at a minimum, once quarterly, and, in addition to other powers conferred in this chapter, including, without limitation, in subsection (c) of section 3, shall assist in coordinating the efforts of all persons and agencies in the state concerned with the EMS system, and shall render advice on the development of the EMS system where needed, including, but not limited to, review of and recommendations on the submitted regional EMS plans.
The executive council, in consultation with the department, shall submit an annual report to the commissioner and to the clerks of the house of representatives and senate, on or before June 30. There shall be established by the executive council, in consultation with the department, advisory committees to the executive council, including, without limitation, a trauma systems committee. The trauma systems committee shall be chaired by the commissioner or a designee and shall be composed of several individuals, each identified as representing: (1) regional EMS councils; (2) trauma centers; and (3) community hospitals. Other committees may be established and constituted by the executive council, in its discretion.
SECTION 9. Section 14 of said chapter 111C, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-
The department shall make available on the office of emergency medical services website information regarding the complaint resolution process for complaints made pursuant to this section, as well as any forms or other materials required to make a complaint against any person certified, licensed, designated, or otherwise approved by the department under this chapter.
SECTION 10. The department, in consultation with the executive council and the regional councils, shall study and make recommendations for potential permanent funding sources and mechanisms to support the office of emergency medical services, the regional councils, and central medical emergency direction centers. The department shall issue a report, with findings and recommendations, to the clerks of the house of representatives and senate, as well as the house and senate committees on ways and means, by December 1, 2019.
SECTION 11. There shall be an emergency medical services peer licensure advisory committee, which shall consist of the commissioner or a designee, the director of the office of emergency medical services or a designee, and 6 members appointed by the commissioner, or their designees, as follows: 1 each from the Professional Fire Fighters of Massachusetts, the Massachusetts Call/Volunteer Firefighters Association, the Professional Fire Chiefs Association of Massachusetts, the Massachusetts Ambulance Association, the Massachusetts Association of Hospital-Based Paramedic Services, and the International Association of EMTs and Paramedics.
The advisory committee shall meet, at a minimum, twice annually to advise the department on the complaint resolution process and disciplinary actions relative to persons certified, licensed, designated or otherwise approved by the department under chapter 111C. Each appointed member of this advisory council shall serve a term of 3 years, or until a successor is appointed and qualified. At least one-half of the total appointed members of this advisory council shall constitute a quorum for the transaction of business. No appointed member shall serve more than 3 terms. Appointees shall serve without compensation.
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An Act relative to healthcare worker and first responder safety
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H2177
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HD1833
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T18:47:08.867'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T18:47:08.8666667'}]
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 2177) of Denise C. Garlick relative to written consent for HLTV 111 tests. Public Health.
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SECTION 1. Section 70F of chapter 111 of the General Laws is hereby amended by adding, after line 11, the following paragraph:-
Notwithstanding the above, if a healthcare provider, first responder, police officer, fire official, prison guard, or other public officer in the line of duty comes in contact with the blood or bodily fluid of a patient or person who may be infected, such tests may be performed and the result made known to the person who may have been infected despite the inability or refusal of the patient or person to give written consent.
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An Act to strengthen our public health infrastructure to address Alzheimer’s and all dementia
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H2178
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HD3108
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T17:26:23.83'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T17:26:23.83'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-06T14:59:08.7166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T14:42:51.8433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T17:08:39.8933333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T10:08:19.9233333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-09T15:02:47.1166667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-10T09:16:25.55'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-10T09:16:25.55'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-10T09:16:25.55'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-10T09:16:25.55'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-10T09:16:25.55'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-10T09:16:25.55'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-10T09:16:25.55'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-13T11:08:26.47'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T11:08:26.47'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-13T11:08:26.47'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-13T11:08:26.47'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-13T11:08:26.47'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-13T11:08:26.47'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-13T11:08:26.47'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-13T11:08:26.47'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-13T11:51:01.78'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-14T12:11:17.7366667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-16T09:14:15.9833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T11:41:48.73'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-17T11:41:48.73'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-17T11:41:48.73'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T11:41:48.73'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T15:57:37.77'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T15:57:37.77'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-23T13:41:14.62'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-23T13:41:14.62'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:41:14.62'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-01T12:41:01.5566667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-03-01T12:41:01.5566667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-07T11:36:49.7366667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-07T11:36:49.7366667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-07T11:36:49.7366667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-07T11:36:49.7366667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-07T11:36:49.7366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-07T11:36:49.7366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-09T17:06:25.3433333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-14T13:19:26'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T13:35:53.45'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-24T16:23:16.5233333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-24T16:23:16.5233333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-04-10T11:17:50.5533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-10T11:17:50.5533333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-10T11:17:50.5533333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-13T14:13:59.6266667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-27T14:29:01.69'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-13T10:56:54.07'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-06-13T10:56:54.07'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-06-13T10:56:54.07'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-10-15T20:56:49.39'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-10-15T20:56:49.39'}]
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 2178) of Denise C. Garlick and others for legislation to strengthen the public health infrastructure to address Alzheimer’s Disease and dementia. 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 24N the following section:
Section 24O: Alzheimer’s Disease and Related Dementias Awareness
(a) The Department of Public Health, in partnership with the Executive Office of Elder Affairs, the Massachusetts Advisory Council on Alzheimer’s Disease and All Other Dementias, and the Alzheimer's Association, shall develop a public awareness campaign on brain health, Alzheimer’s disease and related dementias, and incorporate the campaign into its existing, relevant public health outreach programs on an ongoing basis. The public awareness campaign shall:
(i) Educate health care providers on the importance of early detection and timely diagnosis of cognitive impairment, validated cognitive assessment tools, current and emerging treatment options, the value of a Medicare Annual Wellness visit for cognitive health, and the Medicare care planning billing code for individuals with cognitive impairment;
(ii) Increase public understanding and awareness of early warning signs of Alzheimer's disease and other types of dementia, the value of early detection and diagnosis, and how to reduce the risk of cognitive decline, particularly among persons in diverse communities who are at greater risk of developing Alzheimer's disease and other types of dementia; and
(iii) Inform health care professionals and the general public of dementia care coordination services for those living with Alzheimer’s disease and related dementias and other resources and services available to individuals living with dementia and their families and caregivers, in partnership with the Executive Office of Elder Affairs, the Massachusetts Advisory Council on Alzheimer’s Disease and All Other Dementias, and the Alzheimer's Association.
(b) The department shall strive to provide uniform, consistent guidance on Alzheimer’s and other dementia in nonclinical terms, with an emphasis on cultural relevancy and health literacy, specifically targeting diverse populations who are at higher risk for developing dementia in its public awareness and educational outreach programs.
SECTION 2. Section 16AA of chapter 6A of the General Laws, as amended by Section 7 of Chapter 154 of the Acts of 2018 is hereby further amended in subsection (f) by inserting after the words “shall detail such progress on a regional basis” the following:-
The annual report shall include data on the racial and ethnic disparities in morbidity and mortality rates for Alzheimer’s disease and related dementias and other diseases identified by the Office of Health Equity.
SECTION 3. Said section 16AA of Chapter 6A of the General Laws, as amended by Section 1 of Chapter 2020 of the Acts of 2018, is hereby further amended by adding the following paragraph:-
The department of public health shall include the Caregiver Module and Cognitive Decline Module in the annual Behavioral Risk Factor Surveillance System (BRFSS) survey on a rotating annual basis to collect prevalence data, track trends over time and analyze data to direct public health programs and resources.
SECTION 4. Chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 16CC the following section:-
Section 16DD: Massachusetts Director of Dementia Care and Coordination
The position of Director of Dementia Care and Coordination is created within the Executive Office of Health and Human Services. The Secretary of Health and Human Services shall appoint the director who shall serve at the pleasure of the secretary. The director may call upon appropriate agencies of the state government for assistance as is needed. Duties and responsibilities of the director shall include, but not be limited to, the following:
(a) Coordinate the successful implementation of the Alzheimer’s Disease State Plan.
(b) In coordination with relevant departments and Chair of the Massachusetts Advisory Council on Alzheimer’s Disease and All Other Dementias, support the council’s work and annual updates to the Alzheimer’s state plan.
(c) Coordinate the public awareness efforts as directed in Section 1; Facilitate and support coordination of outreach programs and services between agencies, area agencies on aging, aging services access points and other interested groups for the purpose of fostering public awareness and education regarding Alzheimer's disease and other forms of dementia.
(d) Coordinate with relevant state agencies and organizations to ensure coordination of services, access to services and a high quality of care for individuals with dementia and their family caregivers to meet the needs of the affected population and prevent duplication of services; Facilitate coordination of services and activities between organizations interested in dementia programs and services, including, but not limited to, area agencies on aging, aging services access points, service providers, advocacy groups, legal services, emergency personnel and law enforcement.
(f) Assess dementia-related training requirements for healthcare, long term care and home and community based services professionals on a biannual basis, including hours required, frequency of training required and content of training, to determine whether existing training requirements meet the needs of the dementia community in Massachusetts; the assessment shall also include whether trainings incorporate Dementia Care Practice Recommendations and person centered care best practices; Upon completion of the assessment, provide recommendations to the Department of Public Health, the Executive Office of Elder Affairs, the Massachusetts Advisory Council on Alzheimer’s Disease and All Other Dementias, the Board of Registration in Nursing and the Board of Registration in Medicine for additional training necessary to adequately support the dementia community in Massachusetts.
(g) Work with the Commissioner of the Department of Public Health, the Board of Registration in Nursing and the Board of Registration in Medicine to ensure healthcare professionals are in compliance with dementia training requirements; work with the Commissioner of the Department of Public Health to ensure that hospitals are dementia capable and in compliance with Chapter 220 of the General Laws.
(h) Identify and manage grants to assist Massachusetts in becoming dementia-capable.
(i) Collect, monitor and report on data related to the impact of Alzheimer's disease in the commonwealth; work with the Department's Behavioral Risk Factor Surveillance System Coordinator in identifying available funds to execute appropriate modules for critical data collection and research; coordinate with the Department of Public Health to improve public health outcomes utilizing relevant dementia data.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to address Alzheimer's and all dementia, 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 protecting victims of sexual assault
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H2179
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HD1356
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:56:52.08'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:56:52.08'}]
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2179) of Colleen M. Garry relative to testing persons convicted of sexual assault for the HIV virus. Public Health.
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SECTION 1. Chapter 265 of the General Laws, is hereby amended by inserting after section 24C the following section:— Section 24D. (a) Within 14 days after conviction of any crime listed in section 13B, 13F, 13H, 22, 22A, 23, 24, or 24B of this Chapter, the person convicted shall submit to medical testing to determine the presence of Human Immune Deficiency Virus and the results of said testing shall be made available to the person tested and to the complaining witness of the crimes for which the conviction stands. (b) Said testing shall be conducted under the direction of the Superintendent, Warden or Sheriff of any institution in which the convicted person is held in custody, or under the direction of the Probation Department of the Court in which the conviction occurred, if the person convicted is not held in custody. (c) Notwithstanding any general or special law to the contrary, no person required to be tested under this Section may be eligible for parole, work release, education release, or transfer to any facility except a maximum or medium security facility, nor shall said person accrue any credits for deductions for early release from his sentence until such time said testing is completed. (d) Any person refusing to submit to testing under this section shall be returned to the Court of his conviction within seven days following such refusal, and shall show cause why said person shall not be held in contempt of said Court. At said hearing, the Court may, in its discretion, sentence said person for contempt, revoke and revise the person’s sentence, or both. Such refusal shall also constitute sufficient grounds for a Court to find a person in violation of any period if probation.
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An Act relative to autism education reform
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H218
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HD1149
| 193
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{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:10:44.863'}
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[{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:10:44.8633333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T12:53:11.6633333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-30T12:52:44.9233333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T09:42:00.5333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-31T12:55:34.2633333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T12:50:36.41'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T14:49:41.0266667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-06-23T12:15:25.7533333'}]
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By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 218) of Alan Silvia and others relative to autism education reform and to facilitate appropriate interactions with persons on the autism spectrum. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 116I the following section:-
Section 116I½. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Autism spectrum”, any of the pervasive developmental disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including autistic disorder, Asperger's disorder and pervasive developmental disorders not otherwise specified.
“Correction officer”, any officer employed by a correctional facility who is tasked with the custody, care, or transport of incarcerated or detained persons.
“Correctional facility”, as defined in section 1 of chapter 125.
“Law enforcement agency”, (i) a state, county, municipal or district law enforcement agency, including, but not limited to: a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department; (ii) a sheriff’s department in its performance of police duties and functions; or (iii) a public or private college, university or other educational institution or hospital police department.
“Law enforcement officer” or “officer”, any officer of a law enforcement agency, including the head of the law enforcement agency; a special state police officer appointed pursuant to section 58 or section 63 of chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police duties and functions; a constable executing an arrest for any reason; or any other special, reserve or intermittent police officer.
(b) The municipal police training committee shall establish an in-service training curriculum on or before January 1, 2022 for the training of law enforcement officers and correction officers in appropriate interactions with persons on the autism spectrum; provided, that this training shall not increase the currently required hours of in-service training. The municipal police training committee shall develop guidelines for law enforcement response to persons on the autism spectrum who are victims or witnesses to crime, or suspected or convicted of a crime or who are in the custody of a law enforcement agency or officer. The course of instruction and the guidelines shall emphasize: (1) positive responses to persons on the autism spectrum; (2) de-escalating potentially dangerous situations; (3) understanding of the different manner by which persons on the autism spectrum process sensory stimuli and language; and (4) appropriate methods of interrogation. The training shall address the best practices for interactions with the broad range of persons on the autism spectrum, including those with intersecting marginalized identities.
SECTION 2. Section 38G½ of chapter 71 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
The board shall provide an endorsement in autism which shall include no less than 2 years of coursework and field experience for licensed special education teachers to acquire the competencies necessary to conduct assessments, develop appropriate individualized education programs, supervise paraprofessionals and teacher assistants in classrooms with students with autism, provide specially designed instruction and related services and consult and collaborate with other educators, including general education teachers, in order to meet the unique and complex educational needs of students with autism in the least restrictive environment. The board shall provide an endorsement in autism for paraprofessionals and teacher assistants, which shall include no less than 2 years of coursework and field experience to acquire the competencies necessary in order to meet the unique and complicated educational needs of students with autism in the least restrictive environment; provided, however, that to be eligible for an endorsement in autism, the paraprofessional or teacher assistant shall hold an associate’s degree or bachelor’s degree in arts or sciences from an accredited community college, college or university with a major course in the arts or sciences appropriate to the instruction of students with autism. Competencies shall also include, but not be limited to, the impact of autism on verbal and nonverbal communication, social interaction, sensory experiences, behaviors, literacy and academic achievement. All content taught as part of this specialization shall be consistent with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., for evidence based practices. The requirements for the endorsement in autism, as promulgated by the board, may also be used to satisfy course requirements necessary to obtain a professional license. The board shall promulgate regulations specifying the subject matter knowledge, skills and competencies required for such endorsement, including requirements to incorporate renewal of the endorsement as part of the individual professional development plan required pursuant to section 38G. Said regulations shall also specify components necessary for preparation programs offering an endorsement in autism, which shall be included in the department's process for approving preparation programs.
SECTION 3. Section 3 of chapter 71B of the General Laws, as so appearing, is hereby amended by inserting after the word “development”, in line 145, the following sentence:- Whenever an evaluation indicates that a child has a disability on the autism spectrum, the child’s Individualized Education Program shall be periodically reviewed by an independent review panel comprised of 3 educators appointed by the administrator of special education with an endorsement in autism pursuant to section 38G½ of chapter 71.
SECTION 4. Said section 3 of said chapter 71B, as so appearing, is hereby amended by adding the following 2 paragraphs:-
Whenever an evaluation indicates that a child has a disability on the autism spectrum, which includes autistic disorder, Asperger’s disorder, pervasive developmental disorder not otherwise specified, childhood disintegrative disorder, or Rhett’s Syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association, the child shall be placed in a special education program specific to children on the autism spectrum; provided, however, that the special education program is the least restrictive environment for that child. All teachers, paraprofessionals and teacher assistants assigned to classrooms where children who have a disability on the autism spectrum are taught shall have an endorsement in autism pursuant to section 38G½ of chapter 71.
Notwithstanding any general or special law to the contrary, video cameras shall be installed in all classrooms and quiet rooms where children who have a disability on the autism spectrum are taught. The school administrator shall maintain all recordings generated by the video camera as education records pursuant to 20 USC §1232G(a)(4)(A).
SECTION 5. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
The registrar shall furnish without charge, upon application, to owners of private passenger motor vehicles and motorcycles who have been diagnosed with a health condition or disability, such as autism spectrum disorder, as defined in section 116I½ of chapter 6, that may impede effective communication with a law enforcement officer and upon presentation of evidence deemed satisfactory by the registrar, distinctive registration plates bearing a blue puzzle piece or the words, “COMMUNICATION IMPEDIMENT”.
SECTION 6. Section 8 of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-
Each applicant for a license or renewal thereof shall be asked in writing whether they wish to voluntarily indicate on their license that the applicant has a health condition or disability, such as autism spectrum disorder as defined in section 116I½ of chapter 6, that may impede effective communication with a law enforcement officer. Any request for a communication impediment indicator shall be accompanied by a form prescribed by the registrar and completed by a licensed physician.
SECTION 7. Section 8B of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-
Each applicant or family member shall be asked in writing whether they wish to voluntarily indicate on their learner’s permit that the applicant has a health condition or disability, such as autism spectrum disorder as defined in section 116I½ of chapter 6, that may impede effective communication with a law enforcement officer. Any request for a communication impediment indicator shall be accompanied by a form prescribed by the registrar and completed by a licensed physician.
SECTION 8. Section 8E of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-
Each applicant or family member for an identification card or renewal thereof shall be asked in writing whether they wish to voluntarily indicate on their identification card that the applicant has a health condition or disability, such as autism spectrum disorder as defined in section 116I½ of chapter 6, that may impede effective communication with a law enforcement officer. Any request for a communication impediment indicator shall be accompanied by a form prescribed by the registrar and completed by a licensed physician.
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An Act including Krabbe Disease in newborn screening
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H2180
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HD1357
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:56:16.643'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:56:16.6433333'}]
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2180) of Colleen M. Garry for legislation to require the screening of newborns for Krabbe Disease and other lysomal storage disorders. Public Health.
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SECTION 1. Section 110A of Chapter 111 of the General Laws, , is hereby amended by inserting after the word “ phenylketonuria ,” in line 2, the following words:- Krabbe Leukodystrophy and other lysomal storage disorders, “
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An Act protecting the health of the mother and a born alive fetus after the second trimester
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H2181
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HD1840
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T16:50:31.543'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T16:50:31.5433333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T13:54:15.13'}]
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2181) of Colleen M. Garry and Kelly W. Pease relative to the health of mothers and born alive fetuses after the second trimester. Public Health.
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SECTION 1. Section 12N of Chapter 112 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out section 12N, as amended by section 12N of chapter 263 of the Acts of 2020, and inserting in place thereof the following section:-
Section 12N. Protecting women’s health
Notwithstanding section 12L, for the purpose of preventing maternal death from abortion or miscarriage as pregnancy progresses, no physician may perform or induce, or attempt to perform or induce an abortion or cause a miscarriage on any female in a stage of pregnancy after the second trimester unless the following conditions are met: (a) the procedure is performed in a hospital and (b) the physician and two consulting physicians certify, and so enter in the hospital record of the female, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the female. Nothing in this section shall prevent the medically necessary procedures to care for the mother after a miscarriage occurring before 20 weeks or a stillbirth or fetal death occurring after 20 weeks.
SECTION 2. Section 12O of Chapter 112 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out section 12O, as amended by section 12O of chapter 263 of the Acts of 2020, and inserting in place thereof the following section:-
Section 12O. Preserving the life of a fetus born alive after miscarriage or abortion
Notwithstanding section 12L, if an abortion is performed or an intentional miscarriage is caused pursuant to section 12N, the hospital where the procedure is performed shall provide all life-saving measures and equipment, as defined by the department of public health, and the physician performing the abortion or causing the miscarriage shall employ all the life-saving measures and equipment to preserve the life and health of the fetus born alive if it exhibits any clearly visible, audible, or otherwise discernable evidence of viability.
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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 reduce incidence and death from pancreatic cancer
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H2182
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HD393
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T14:52:35.543'}
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-12T14:52:35.543'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2182/DocumentHistoryActions
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Bill
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By Representatives Gentile of Sudbury and Kane of Shrewsbury, a petition (accompanied by bill, House, No. 2182) of Carmine Lawrence Gentile, Hannah Kane and others for legislation to reduce incidence and death from pancreatic cancer. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 238. (a) The department shall administer a comprehensive pancreatic cancer initiative to provide coordinated pancreatic cancer prevention, screening, education and support programs in the commonwealth. The department may develop and implement other initiatives regarding pancreatic cancer awareness, research and care that the department determines will further the purposes of this section.
(b) There shall be a pancreatic cancer advisory council within the department. The council shall be appointed and convened by the commissioner and shall consist of 13 members representing interdisciplinary fields including, but not limited to, oncology, palliative care, medicine, nursing, social work, pharmacy, spirituality and the area of patient and family caregiver advocacy, including health professionals having expertise treating pancreatic cancer patients and their families; provided, at least 1 member shall be a representative of the Pancreatic Cancer Action Network and 1 member shall be a representative of the American Cancer Society Cancer Action Network. The commissioner may appoint other members that the commissioner deems appropriate. Council members shall serve for a period of 3 years at the pleasure of the commissioner. The members shall elect a chair and vice chair whose duties shall be established by the council. The department shall provide a place for regular meetings of the council, which shall meet at least monthly.
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:
(1) Investigate and make recommendations for a system to certify and approve hospital systems that meet National Pancreatic Cancer Foundation criteria and post this information on an appropriate state website and on advocacy organization websites.
(2) Identify institutions and hospital systems which could meet the criteria in areas that are geographically underserved and provide them with incentives to develop the necessary resources to comply in order to assure that all residents have access to hospitals that meet the criteria.
(3) Investigate and make recommendations for the establishment of a multi-provider consortium to develop and disseminate amongst each other best practice algorithms, decision aids for electronic health record systems, and quality metrics for all phases of care in pancreatic cancer. The consortium shall partner with other entities including, but not limited to, patient organizations, National Institute of Health and the American Cancer Society Cancer Action Network to develop and maintain a portfolio of statewide clinical trials in pancreatic cancer.
(4) Disseminate targeted communications to primary care providers and their office staff to connect them with the consortium members and resources which are local to their practices.
(5) Utilize the local resources of the consortium members to fully operationalize existing state initiatives to identify existing cancer support services, survivorship care and counseling and to expand these initiatives to meet current needs.
(6) Develop and support the use in all hospitals of a standard consent form for pancreatic cancer patients to consent to donate their tissue samples without restrictions for tissue collection and banking for research.
(b) The department, in conjunction with the pancreatic cancer advisory council, shall conduct a comprehensive study to ascertain the prevalence and incidence of pancreatic cancer in the commonwealth, the unmet needs of persons with pancreatic cancer and their families, time-of-diagnosis statistics and likely risks for pancreatic cancer. Information collected by the study shall include, but not be limited to, the following:
(1) germline testing results;
(2) molecular tumor analysis in patients with metastatic disease;
(3) hospitals treating the highest volume of pancreatic cancer patients;
(4) information on stage of diagnosis;
(5) treatment rendered, including chemotherapy, radiation therapy, surgical treatment, neoadjuvant and adjuvant therapy;
(6) patient outcomes;
(7) number of patients diagnosed who did not receive any treatment or palliative care; and
(8) number of pancreatic resections performed at each hospital and associated outcomes.
(c) The department, in conjunction with the pancreatic cancer advisory council, shall develop and implement a statewide public education and community outreach program to inform the general public about genetic risks, signs, symptoms, and pre-malignant conditions associated with pancreatic cancer, including new-onset diabetes, and the availability of clinical trials for those with pancreatic cancer. In developing and implementing the program, the commissioner shall consult with similar programs including, but not limited to, anti-tobacco, obesity and other pre-malignant conditions associated with pancreatic cancer. The department shall add pancreatic cancer to the list of diseases that its programs target with counseling for tobacco discontinuation, diet and weight management.
SECTION 2. The commissioner of insurance shall survey health insurers in the commonwealth to ascertain coverage benefits of genetic testing for pancreatic cancer across health insurance plans, and present its findings to the committee on health care financing and the committee on financial services no later than June 30, 2022.
SECTION 3. The center for health information and analysis shall conduct a review and update of its mandated benefit review of pancreatic cancer screenings as reported in the center’s report titled “Mandated Benefit Review of S.B. 471: An Act relative to pancreatic cancer screening,” dated July 2014, including an update of the cost analysis for pancreatic cancer screening for high-risk individuals. The center shall present its findings and update to the committee on health care financing and the committee on financial services no later than June 30, 2022.
SECTION 4. The initial meeting of the pancreatic cancer advisory council shall convene no later than 60 days after the effective day of this act.
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An Act to improve food allergy awareness
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H2183
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HD1609
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T16:13:04.7266667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-17T13:35:43.5466667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-04-05T11:42:41.0433333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-04-05T12:34:17'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-02T10:26:56.6933333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-04-06T14:07:21.7066667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-14T14:44:00.2066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-07T12:45:23.89'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-04-07T11:31:28.9733333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-09-13T15:24:15.8'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T12:22:43.7233333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-06-13T11:34:10.0533333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-05-18T09:54:20.42'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:41:12.0866667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-05-20T00:57:10.5233333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T09:33:40.1233333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-04-06T19:59:12.04'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T12:35:46.8666667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-03-17T12:52:56.7966667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:42:50.2666667'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-09-13T15:18:48.61'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-04-13T12:14:47.2933333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-17T15:18:40.69'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:08:10.4633333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-05-19T12:08:26.1433333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T19:31:36.76'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T08:36:45.6633333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-06T09:26:18.91'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-23T09:27:59.41'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T10:59:22.72'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-08-31T10:55:41.7266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-07-05T16:12:48.1866667'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-02-02T08:44:23.23'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T18:54:31.8866667'}]
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Bill
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By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 2183) of Carmine Lawrence Gentile and others for legislation to improve food allergy awareness. Public Health.
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SECTION 1. Section 6B of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (c) and inserting in place thereof the following:-
“(c) A person in charge and certified food protection manager, as those terms are used in the state sanitary code for food establishments, in order to obtain certification, shall view, as part of an otherwise approved food protection manager course, a video concerning food allergies. The department shall approve the video in consultation with the Massachusetts Restaurant Association, Food Allergy Research & Education, and the Asthma and Allergy Foundation of America, New England Chapter, and the video shall: (1) be approved or accredited by one of the following entities: (i) the American National Standards Institute; (ii) ASTM International; or (iii) the ANSI National Accreditation Board; (2) be interactive; (3) include a knowledge check or other means of verifying that the viewer has carefully reviewed and understood the video; and (4) feature the most up-to-date information on food allergies, including information related to additions to the list of allergens labeled under the Food Allergy Label Consumer Protection Act. The department shall review its approval of the video at least every 5 years and approve a new video if necessary to satisfy the requirements of this subsection. A person designated as an alternate person-in charge, as that term is used in the state sanitary code for food establishments, in addition to existing requirements, shall be knowledgeable with regard to the relevant issues concerning food allergies as they relate to food preparation, plating, and service. At all times when open and serving food, a person licensed as an innholder or common victualler shall have at least one employee present who has viewed the approved video concerning food allergies as part of an otherwise approved food protection manager course.”
SECTION 2. Said section 6B of said chapter 170 is hereby further amended by striking out, each time they appear, the words “Massachusetts Restaurant Association and the Food Allergy & Anaphylaxis Network” and inserting in place thereof, in each instance, the following:-
“Massachusetts Restaurant Association, Food Allergy Research & Education, and the Asthma and Allergy Foundation of America, New England Chapter”
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An Act authorizing pharmacists to provide opioid use disorder treatment
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H2184
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HD2552
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-19T14:31:08.073'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-19T14:31:08.0733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:46:34.6933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:52:36.4333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-27T15:09:03.4266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T08:35:49.33'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-09-21T18:23:02.06'}]
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Bill
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By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 2184) of Carmine Lawrence Gentile and others relative to authorizing pharmacists to provide opioid use disorder treatment. Public Health.
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SECTION 1. Section 24B ½ of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (c) and inserting thereof the following:-
(c) Collaborative drug therapy management shall only be allowed in the following settings: (1) hospitals licensed pursuant to section 51 of chapter 111, subject to approval by the medical staff executive committee at a licensed hospital or designee; (2) long-term care facilities licensed pursuant to section 71 of chapter 111, subject to approval by the long-term care facilities' medical director or designee; (3) inpatient or outpatient hospice settings licensed pursuant to section 57D of chapter 111, subject to approval by the hospice's medical director or designee; (4) ambulatory care clinics licensed pursuant to section 51 of chapter 111, with on-site supervision by the attending physician and a collaborating pharmacist, subject to approval by the ambulatory care clinic's medical staff executive committee or designee, or medical director or designee; (5) collaborating pharmacists in a retail drug business, as registered in section 38 of chapter 112 and limited by this section, with supervision by physicians according to the terms of their collaborative practice agreements and limited to the following: patients 18 years of age or older; an extension by 30 days of current drug therapy prescribed by the supervising physician; and administration of vaccines or initiation of medications pursuant to a diagnosis, discontinuation, and/or modification of dosages of medications prescribed by the supervising physicians for substance use disorders, asthma, chronic obstructive pulmonary disease, diabetes, hypertension, hyperlipidemia, congestive heart failure, HIV or AIDS, osteoporosis and co-morbidities identified by the supervising physician for the individual patient along with the primary diagnosis. The collaborative practice agreement shall specifically reference each disease state being co-managed. A patient shall be referred by supervising physicians to that physicians’ collaborating pharmacists and shall be given notice of the collaboration and shall consent to the collaboration. Pharmacists in the retail setting, who have a collaborative practice agreement with supervising physicians which specifically allows initial prescriptions for referred patients of the supervising physician, may issue prescriptions for schedule II-VI controlled substances, as defined in clause 6 of section 3 of chapter 94C. Collaborative Practice Agreements with pharmacists in a retail setting that include controlled substances shall only be used to treat substance use disorders as defined by section 35 of chapter 123 or any disorder described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. Such prescriptions shall be for a patient diagnosis specified in the supervising physician's individual referral of that patient. A copy of the prescription shall be sent to the supervising physician within 24 hours.
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An Act relative to the charitable donation of not readily marketable food
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H2185
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HD831
| 193
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{'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-17T13:45:40.657'}
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[{'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-17T13:45:40.6566667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:41:55.1566667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:34:56.7766667'}]
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By Representative Gifford of Wareham, a petition (accompanied by bill, House, No. 2185) of Susan Williams Gifford and Joseph D. McKenna relative to the charitable donation of not readily marketable food. Public Health.
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SECTION 1. Section 328 of Chapter 94 of the General Laws as appearing in the 2018 Official Edition is hereby amended by inserting, in line 1, before the words “No person”, the following paragraph: -
For the purpose of this section, the term "person" shall mean an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity; as defined by Paragraph (10) of Subsection (b) of Section 1791 of Chapter 13A of the 2015 United States Code, also known as the Bill Emerson Good Samaritan Food Donation Act.
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An Act relative to clinical laboratory testing
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H2186
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HD756
| 193
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{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T11:16:15.417'}
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[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T11:16:15.4166667'}]
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Bill
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By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 2186) of Kenneth I. Gordon relative to clinical laboratory testing. Public Health.
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SECTION 1. Section 8 of chapter 111D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 22 after the words “upon the written request of” the following:- the person from whose body the specimen was derived.
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An Act relative to conducting fetal and infant mortality review
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H2187
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HD749
| 193
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{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:06:06.833'}
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[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:06:06.8333333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T12:56:10.1966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T16:33:12.1066667'}]
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Bill
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By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 2187) of Patricia A. Haddad and Carole A. Fiola relative to conducting fetal and infant mortality review. Public Health.
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SECTION 1. Chapter 38 of the general laws is hereby amended by inserting after section 2A the following section: --
Section 2B. As used in this section, the term below shall have the following meaning: -
“Authorized local health agency”, shall mean a health board, department, or other governmental entity that is authorized by the department of public health to receive timely data relative to fetal and infant deaths for assessing, planning, improving and monitoring the service systems and community resources that support child and maternal health.
The department of public health shall establish a process for designating authorized local health agencies. This process may include reasonable criteria regarding the level of expertise, workforce capacity, or organizational capacity. Authorized local health agencies shall be authorized to conduct in-depth fetal infant mortality review of each individual infant and fetal death occurring within their jurisdiction, in order to identify local factors associated with fetal and infant deaths and inform public health policy programs.
For each case of fetal or infant death to be reviewed, authorized local health agencies are hereby authorized to collect relevant data from a variety of sources, which may include physician and hospital records in addition to relevant community program records. Authorized local health agencies are authorized to collect, and the department is authorized to provide, timely access to vital records and other data reasonably necessary for fetal and infant mortality review.
The department may issue additional guidance through policy or regulation, consistent with this section, regarding the process for conducting fetal infant mortality reviews by authorized local health agencies, which may include guidance from the National Fetal and Infant Mortality Review Program.
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An Act clarifying participation in athletic safety programs
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H2188
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HD769
| 193
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{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:33:42.943'}
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[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:33:42.9433333'}]
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Bill
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By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 2188) of Patricia A. Haddad for legislation to establish an interscholastic athletic head injury safety training program within the Department of Public Health. Public Health.
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Subsection (a) of section 222 of chapter 111 of the General Laws, as appearing in the 2012 Official Edition, is amended by inserting after the second sentence the following sentence:-
Notwithstanding the provisions of this section, coaches, athletic directors and parents or legal guardians of a child who participates in an extracurricular athletic activity shall be required to take such program every 2 years; provided however if the department has made changes to the program since the prior year, coaches, athletic directors and parents or legal guardians must participate in the updated program.
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An Act to update the prescription monitoring program
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H2189
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HD1112
| 193
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{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:02:36.993'}
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[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:02:36.9933333'}]
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Bill
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By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 2189) of Richard M. Haggerty relative to utilization of the prescription monitoring program. Public Health.
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The second paragraph of subsection (c) of section 24A of chapter 94C of the General Laws, as amended by section 41 of chapter 208 of the acts of 2018, is hereby further amended by adding the following sentence:- A registered participant required to utilize the prescription monitoring program prior to issuing a prescription under this subsection or regulations promulgated pursuant to this subsection who does not utilize such program as so required shall be fined in an amount to be set by the department in regulations promulgated pursuant to this subsection.
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An Act increasing collaboration amongst community organizations fighting hunger
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H219
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HD3138
| 193
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{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T09:59:29.773'}
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[{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T09:59:29.7733333'}]
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By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 219) of Priscila S. Sousa relative to increasing collaboration amongst community organizations fighting hunger. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 16CC the following section:-
Section 16DD. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Nonprofit service provider”, a charitable corporation constituting a public charity organized pursuant to chapter 180 or a nonprofit or charitable organization or an individual branch or division of a nonprofit or charitable organization exempt from taxation under section 501(c)3 of the federal Internal Revenue Code that provides social services, including, but not limited to: housing, food insecurity, child care, education, fuel assistance, substance abuse services, mental health assistance, job training, English language education, literacy education, transportation, financial literacy, elder services and immigration services.
“Personal data”, as defined in section 1 of chapter 66A.
“Shared client data bank” or “data bank”, a single centralized, shared repository of nonprofit service provider client information; provided, that no client information in the data bank shall be a public record as defined in clause Twenty-sixth of section 7 of chapter 4.
“State authority”, as defined in section 1 of chapter 29.
(b) There shall be a fee, to be determined by the secretary of health and human services, payable by a nonprofit service provider at the time of application for a grant program or loan administered by a state agency or state authority. The fee shall be deposited in the Healthy Communities Trust Fund established in section 2RRRRR of chapter 29.
(c) A nonprofit service provider shall only be eligible for a state contract to provide services, grants or loans administered by a state agency or state authority, including but not limited to any programs included in the general appropriation act, if they are a member of the shared client data bank.
(d) The executive office of health and human services shall establish and implement a shared client data bank. The data bank shall enable clients of nonprofit service providers to submit a standardized application for services through a centralized internet website, nonprofit service provider or the data bank. A client may designate a preference for nonprofit service providers from which to receive services.
The secretary shall provide the client with a data bank identification card for use at nonprofit service providers within 30 days of receiving the client’s information. A nonprofit service provider shall accept a data bank identification card for the purposes of verification for services provided by the nonprofit, except where prohibited by federal law.
(e) Upon the client’s written, informed consent, the data bank may provide client personal data to nonprofit service providers that are members of the bank. The data bank shall protect client information in accordance with state and federal laws regarding personal data, including but not limited to chapter 66A.
SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Healthy Communities Trust Fund, hereafter referred to as the fund. The fund shall provide, without prior appropriation, funds to support the shared client data bank for nonprofit service providers, as provided in section 16DD of chapter 6A.
There shall be credited to the fund revenues received from fees paid by nonprofit service providers at the time of application for a grant program or loan administered by a state agency or state authority. The secretary of health and human services shall administer the fund.
No expenditure from the fund shall cause the fund to be in deficiency at the close of a fiscal year. Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
The secretary of health and human services shall deposit all revenue received pursuant to subsection (b) of section 16DD of chapter 6A into the fund. Annually, not later than October 1, the secretary of health and human services shall report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on housing, the joint committee on children, families and persons with disabilities and the joint committee on mental health, substance abuse and recovery on the fund’s activity.
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An Act relative to diabetes prevention
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H2190
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HD1124
| 193
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{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:04:30.737'}
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[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:04:30.7366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2190/DocumentHistoryActions
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Bill
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By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 2190) of Richard M. Haggerty relative to diabetes prevention. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following new section:-
Section 238. (a) Subject to appropriation, the commissioner of public health shall establish within the department a diabetes action plan. The department shall develop the plan in consultation with the health policy commission, the center for health information and analysis, the group insurance commission and the division of medical assistance.
(b) The diabetes action plan shall identify goals and benchmarks to reduce the prevalence and impact of diabetes in the commonwealth and develop appropriate state agency and department plans to reduce the incidence of diabetes in the commonwealth, improve diabetes care, and control complications associated with diabetes.
(c) The department, in consultation with the health policy commission, the center for health information and analysis, the group insurance commission and the division of medical assistance, shall submit a biennial report by July 1 of each odd-numbered year to the senate committee on ways and means, the house committee on ways and means, the joint committee on health care financing, and the joint committee on public health on
(i) the financial effect of diabetes in the commonwealth and its political subdivisions;
(ii) the number of persons affected by diabetes in the commonwealth;
(iii) the number of persons included in prevention and diabetes control programs implemented by the department and other state agencies, municipalities, non-governmental entities and others;
(iv) the effects and benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease;
(v) a description of the level of coordination existing between state agencies with respect to diabetes prevention, control and treatment and actions taken under the diabetes action plan;
(vi) a description of goals and benchmarks established pursuant to said plan;
(vii) the extent of progress made toward achieving the goals and benchmarks established pursuant to said plan;
(viii) a description of any additional actions that should be implemented relative to diabetes prevention, control and treatment;
(ix) a description of the funding needs for any programs established or recommended pursuant to said plan; and
(x) recommendations, if any, for legislation relative to diabetes prevention, control and treatment.
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An Act to protect little lungs
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H2191
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HD459
| 193
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{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-13T10:28:56.243'}
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[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-13T10:28:56.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2191/DocumentHistoryActions
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Bill
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By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 2191) of James K. Hawkins for legislation to prohibit smoking in motor vehicles in which young children are passengers. Public Health.
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SECTION 1. Section 7AA of Chapter 90 of the General Laws is hereby amended by adding the following subsection at the end thereof:
(1) No person or persons shall be allowed to smoke, as defined in Section 22, Chapter 270 of the General Laws, in a motor vehicle in which a child is required by the provisions of this chapter to be secured by a child passenger restraint.
An operator or passenger of a motor vehicle who violates the provisions of this section shall be subject to a fine of $100.
Law enforcement agencies shall enforce the provisions of this section. A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section. For a period of 90 days following the effective date of this act, any law enforcement official who stops a motorist solely because of a violation of this section shall not issue a citation but shall issue a verbal or written warning.
A violation of this section shall not be used as evidence of contributory negligence in any civil action.
A person who receives a citation for a violation of any of the provisions of this section may contest such citation pursuant to section three of chapter ninety C. A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section one hundred and thirteen B of chapter one hundred and seventy-five.
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An Act protecting patients and healthcare workers from exposure to surgical smoke
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H2192
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HD1065
| 193
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{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-18T10:37:22.86'}
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[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-18T10:37:22.86'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-26T10:16:21.8166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-26T10:16:21.8166667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-22T11:53:27.62'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:39:15.41'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T14:06:32.07'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T09:18:56.5666667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-08T06:35:41.16'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-08T06:35:41.16'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-08T06:35:41.16'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-09T08:27:01.0033333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-10T09:51:29.2966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T09:56:22.14'}]
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Bill
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By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 2192) of James K. Hawkins and others for legislation to protect patients and healthcare workers from exposure to surgical smoke. 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 243 the following section:-
Section 244. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Smoke evacuation system”, smoke evacuators, laser plume evacuators, or local exhaust ventilators that effectively capture and neutralize surgical smoke at the site of origin and before the smoke can make ocular contact or contact with the respiratory tract of the occupants of the room.
“Surgical smoke”, the by-product, including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and other lung-damaging dust, that results from contact with tissue by an energy-generating device.
(b) All hospitals and freestanding ambulatory surgical facilities licensed in the commonwealth under this chapter shall adopt policies to ensure the elimination of surgical smoke by use of a smoke evacuation system for any procedure that generates surgical smoke from the use of energy-based devices including, but not limited to, electrosurgery and lasers.
(c) Any hospital or freestanding ambulatory surgical facility that violates subsection (b) shall be punished by a fine of not less than $500 for each violation.
SECTION 2. (a) Section 244 of chapter 111 of the General Laws shall take effect as of January 1, 2024.
(b) Every hospital and freestanding ambulatory surgical center shall report to the department of public health by April 1, 2024 of the policies they have adopted to comply with said section 244 of said chapter 111.
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An Act expanding after-death care options
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H2193
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HD1224
| 193
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:47:22.32'}
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[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:47:22.32'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T11:47:58.6033333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-23T19:51:56.1866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-24T13:56:18.58'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T11:11:04.7766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-25T11:52:07.1766667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:08:31.3466667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T12:07:51.9966667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T12:07:51.9966667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-31T12:07:51.9966667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T12:07:51.9966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-01T10:27:22.55'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-01T14:10:39'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-01T14:11:23.47'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-07T12:49:33.4466667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-08T10:34:47.2333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-08T10:34:47.2333333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T13:47:46.84'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T09:48:43.5233333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T10:52:51.12'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-28T10:23:14.5'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-07T10:40:46.7833333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-20T08:37:59.0366667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-24T10:34:53.2033333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-31T10:03:04.8266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T12:32:00.6766667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-13T10:03:41.3033333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-05-25T19:26:15.29'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-06-23T10:06:11.0333333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-08-07T11:56:25.7866667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-25T09:50:02.42'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-10-02T12:51:05.4633333'}]
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T11:47:22.32'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2193/DocumentHistoryActions
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Bill
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By Representatives Higgins of Leominster and Lewis of Framingham, a petition (accompanied by bill, House, No. 2193) of Natalie M. Higgins, Jack Patrick Lewis and others relative to expanding after-death options and the disposal of human bodies. Public Health.
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SECTION 1. Section 14 of chapter 38 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “cremation”, in lines 6, 7 and 9, in each instance, the following words:- , alkaline hydrolysis, natural organic reduction.
SECTION 2. Said section 14 of said chapter 38, as so appearing, is hereby further amended by inserting after the word “cremation”, in lines 10, 14 and 16, in each instance, the following words:- , alkaline hydrolysis or natural organic reduction.
SECTION 3. Section 14A of chapter 85 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the following word:- cremated.
SECTION 4. Section 202 of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 43, the word “cremated” and inserting in place thereof the following words:- disposed of by cremation, alkaline hydrolysis or natural organic reduction.
SECTION 5. Said section 202 of said chapter 111, as so appearing, is hereby further amended by inserting after the word “entombment”, in line 55, the following words:-, alkaline hydrolysis, natural organic reduction.
SECTION 6. Section 82 of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word “cremation”, in line 10, the following words:- , alkaline hydrolysis, natural organic reduction.
SECTION 7. Section 83 of said chapter 112, as so appearing, is hereby amended by inserting after the word “cremation”, in line 40 the following words:- , alkaline hydrolysis, natural organic reduction.
SECTION 8. Section 83 of said chapter 112, as so appearing, is hereby further amended by inserting after the word “cremation”, in line 43 the following words:- alkaline hydrolysis, natural organic reduction.
SECTION 9. Section 4 of chapter 113 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “buried or cremated” and inserting in place thereof the following words:- disposed of by burial, cremation, alkaline hydrolysis or natural organic reduction.
SECTION 10. Section 14 of chapter 113A of the General Laws, as so appearing, is hereby amended by inserting after the word “burial”, in lines 49 and 50, in each instance, the following words:- , alkaline hydrolysis, natural organic reduction.
SECTION 11. Section 1 of chapter 114 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the introductory paragraph the definition:-
"Alkaline hydrolysis", the dissolution process which uses chemicals, heat, agitation, pressure or other methods to accelerate natural decomposition and reduces the composition of the body to inorganic bone fragments and a sterile solution.
SECTION 12. Said section 1 of said chapter 114, as so appearing, is hereby further amended by inserting after the definition of “Monument or memorial” the following definition:-
“Natural organic reduction", the contained, accelerated conversion of human remains to soil.
SECTION 13. Said section 1 of said chapter 114, as so appearing, is hereby further amended by striking out, in line 56, the following word:- cremated.
SECTION 14. Said chapter 114 is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-
Section 6. Such corporation may conduct cremation, alkaline hydrolysis or natural organic reduction upon the bodies of the dead. Such corporation may provide necessary buildings and appliances therefor and for the disposition of the remains of the dead on any land within its cemetery which the department of environmental protection determines is suitable therefor, subject to the section 43D, and such buildings and appliances shall be a part of the cemetery and be dedicated to the burial of the dead, and shall be held by said corporations subject to the duties, and with the privileges and immunities, which they now have by law.
SECTION 15. Section 7 of said chapter 114, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “cremation”, in line 3, the following words:- , alkaline hydrolysis or natural organic reduction.
SECTION 16. Section 9 of said chapter 114, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “of bodies of the dead and for the disposition of the ashes” and inserting in place thereof the following words:-, alkaline hydrolysis or natural organic reduction performed upon the bodies of the dead and for the disposition of the remains.
SECTION 17. Said section 9 of said chapter 114, as so appearing, is hereby further amended by inserting after the word “cremation”, in line 10, the following words:- , alkaline hydrolysis or natural organic reduction.
SECTION 18. Said chapter 114 is hereby amended by striking out section 43M, as so appearing, and inserting in place thereof the following section:-
Section 43M. Except as otherwise provided by law, or in case of a dead body being rightfully carried through or removed from the commonwealth for the purpose of burial or disposition elsewhere, every dead body of a human being dying within the commonwealth, and the remains of any body after dissection therein, shall be decently buried, entombed in a mausoleum, vault or tomb or disposed of by cremation, alkaline hydrolysis or natural organic reduction within a reasonable time after death. The permanent disposition of such bodies or remains shall be by interment in the earth or deposit in a chamber, vault or tomb of a cemetery owned, maintained and operated in accordance with the laws of this commonwealth, by deposit in a crypt of a mausoleum, or by cremation, alkaline hydrolysis or natural organic reduction. The remains of a human body after cremation, alkaline hydrolysis or natural organic reduction may be deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of in any manner not contrary to law. Notwithstanding any general or special law to the contrary, a funeral establishment in possession of the remains of a human body which is not claimed by a next-of-kin or duly authorized representative within 12 months after the date of cremation, alkaline hydrolysis or natural organic reduction may have the remains interred or placed in a common grave, niche or crypt in a cemetery, or scattered in an area of the cemetery designated for that purpose; provided, however, that if the deceased is a veteran of the United States Armed Forces the deceased shall be interred at a veterans' cemetery. Each cemetery and funeral establishment shall maintain permanent records of such disposition. There shall be no liability for a funeral establishment, cemetery or corporation described in section 6, or any employee or agent thereof that disposes of unclaimed remains in accordance with this section. Each municipality or cemetery corporation shall maintain records which identify the name, if known, of the dead human body or remains in each burial lot, tomb or vault under its control. No deposit of the bodies or remains of the human dead shall be made in a single chamber, vault or tomb wholly or partly above the natural surface of the ground unless the part thereof below such surface is of a permanent character, constructed of materials capable of withstanding extreme climatic conditions, waterproof and air tight, and capable of being sealed permanently to prevent all escape of effluvia, and unless the part thereof above the natural surface of the ground is constructed of natural stone of a standard not less than that required by the United States government for monuments erected in national cemeteries, of durability sufficient to withstand all conditions of weather.
Notwithstanding any general or special law to the contrary and for the purposes of this section, a board of health may serve as the duly authorized representative for the purpose of requesting cremation, alkaline hydrolysis or natural organic reduction of unclaimed remains by signing a form under the following circumstances: (i) the unclaimed remains shall be in a location that is within the jurisdiction of the board of health; (ii) the board of health has received notice from a licensed funeral director that either no person has come forward to claim the remains or that no person may legally claim the remains; provided, however, that the board of health shall wait 30 days after such notification under this clause prior to signing the form. The unclaimed remains shall then be viewed by a medical examiner or forensic investigator designated by the chief medical examiner pursuant to section 14 of chapter 38, who shall authorize the cremation, alkaline hydrolysis or natural organic reduction only when no further examination or judicial inquiry concerning the death is necessary. The office of the chief medical examiner may waive the fee set forth in said section 14 of said chapter 38 for cremation authorizations pursuant to this section. There shall be no liability for a board of health or an employee, agent, or licensee thereof that authorizes the disposal of unclaimed remains in accordance with this section. Nothing in this section shall supersede the obligations of the office of the chief medical examiner as set forth in this chapter and chapter 38.
SECTION 18. Said chapter 114 is hereby further amended by striking out section 44 and inserting in place thereof the following section:-
Section 44. Cremation, alkaline hydrolysis or natural organic reduction shall not be conducted upon the body of a deceased person within 48 hours after the person’s decease, unless the person died of a contagious or infectious disease. If the death occurred within the commonwealth, cremation, alkaline hydrolysis or natural organic reduction shall not be conducted upon the body by any corporation described in section 6 until the corporation’s officers have received (i) the certificate or burial permit required by law before burial; and (ii) a certificate from a medical examiner or similarly authorized person who has viewed the body and made personal inquiry into the cause and manner of death and is of opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurs without the commonwealth, the medical examiner's certificate may be provided by a medical examiner or similarly authorized person in whose jurisdiction the death occurred or the reception and cremation, alkaline hydrolysis or natural organic reduction of the body of a deceased person shall be governed by a by-law or regulation made or approved by the department of public health as provided in section 9.
SECTION 19. Section 44A of said chapter 114, as so appearing, is hereby amended by striking out, in line 1, the words “to be cremated” and inserting in place thereof the following words:- prior to cremation, alkaline hydrolysis or natural organic reduction.
SECTION 20. Said chapter 114 is hereby further amended by striking out section 47 and inserting in place thereof the following section:-
Section 47. No person having the care of a cemetery, burial ground, or crematory shall permit the burial, removal, alkaline hydrolysis, natural organic reduction or cremation of a human body until the permit for such burial, removal, alkaline hydrolysis, natural organic reduction or cremation has been delivered to him, nor permit the remains of a human body to be buried therein until there has been delivered to him a certificate that the burial permit and the certificate of the medical examiner prerequisite to the disposal of said body have been duly presented.
Upon the burial, removal, alkaline hydrolysis, natural organic reduction or cremation of a body, the superintendent or other officer in charge of the cemetery or crematory shall indorse upon the coupon accompanying the permit the fact of such burial, removal, alkaline hydrolysis, natural organic reduction or cremation, with the date thereof, shall make and preserve in the files of the cemetery or crematory a record of such burial, removal, alkaline hydrolysis, natural organic reduction or cremation, including any recital in the burial permit relative to service of the deceased as a veteran as defined in section 10 of chapter 46, and also the location of the grave or other receptacle of the body or remains of the deceased, and shall forthwith return the coupon to the office issuing the same; provided, that if there is no officer in charge of the cemetery or crematory, such duties shall be performed by the undertaker.
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An Act authorizing a 90-day supply of medically necessary testosterone therapy medication
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H2194
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HD748
| 193
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:04:50.807'}
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[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:04:50.8066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T10:40:06.0633333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:55:21.47'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T11:25:21.1833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-22T11:44:17.76'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-04-28T07:50:54.9166667'}]
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Bill
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By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2194) of Natalie M. Higgins and others relative to prescriptions for testosterone therapy medications. Public Health.
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Subsection (d) of section 23 of chapter 94C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “days” in line 19, the following words:-; and provided, further, that a prescription for medically necessary testosterone therapy medication may be filled for up to a 90-day supply upon a single filling, and medical necessity shall be determined by the treating clinician in consultation with the patient and specifically noted with the written prescription and in the patient’s medical record.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act relative to sexual assault counselor task force
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H2195
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HD1217
| 193
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:43:17.573'}
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[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:43:17.5733333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-24T13:20:47.02'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T13:52:59.8933333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-24T17:25:32.2233333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-24T19:24:50.3666667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:29:17.9066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:36:05.08'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:54:27.4033333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T14:30:56.63'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:26:47.65'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-10T09:31:04.67'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T12:51:07.97'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-10T09:00:41.1833333'}]
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Bill
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By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2195) of Natalie M. Higgins and others for legislation to establish a sexual assault counselor task force. Public Health.
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There shall be a task force to make recommendations on establishing statewide certification and updating training standards for sexual assault counselors.
The task force shall be comprised of the following members: the commissioner of the department of public health or a designee, who shall serve as chair; 1 member designated by the governor’s council, who shall address sexual assault and domestic violence issues; 1 member designated by Pathways for Change, Inc.; 1 member designated by Boston Area Rape Crisis Center; 1 member designated by the Center for Hope & Healing; 1 member from the Victim Rights Law Center, Inc.; 1 member designated by Jane Doe, Inc.; 1 member from the Massachusetts office of victim assistance; and no more than 3 members who shall be a sexual assault survivor(s) designated by consensus of Pathways for Change, Inc., the Boston Area Rape Crisis Center and the Center for Hope & Healing.
The task force shall make recommendations on: (i) updating the statutory definition of “rape crisis center” and “sexual assault counsellor” in section 20J of chapter 233 of the general laws; (ii) the curriculum and number of training hours required for certification of rape crisis center and program employees; (iii) the curriculum and number of training hours required for volunteer positions; (iv) the appropriateness of “levels” of certification and corresponding criteria for each if so; (v) a fee structure for certification; (vi) the feasibility of and costs associated with establishing and maintaining licensure of rape crisis centers; and (vii) the feasibility of providing continuing education and college credits with the completion of training programs.
The task force shall submit a report outlining its findings, along with any proposed legislation, to the clerks of the senate and the house of representatives and to the chairs of the senate and the house committees on ways and means not later than 12 months after the effective date of this act.
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An Act promoting patient safety and equitable access to care
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H2196
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HD2491
| 193
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-19T13:38:38.187'}
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[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-19T13:38:38.1866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-24T11:50:45.6233333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-24T13:14:16.3266667'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-24T13:20:25.6166667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-24T13:35:04.2133333'}, {'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-24T13:50:21.6466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-24T13:50:21.6466667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-24T17:19:24.8066667'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-24T17:19:24.8066667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-24T17:19:24.8066667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-24T17:19:24.8066667'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-24T17:19:24.8066667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-24T17:21:51.4333333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-24T18:58:53.9166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-24T19:02:02.68'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-24T19:34:13.28'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T11:21:45.27'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-25T11:53:00.1066667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-25T12:59:42.61'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T17:33:14.54'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-25T17:33:14.54'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:33:38.5533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-26T10:33:38.5533333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T10:33:38.5533333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-26T11:48:29.4766667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-27T08:39:35.8533333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-26T14:15:36.42'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-26T15:54:13.9366667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-26T15:54:13.9366667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T11:42:20.97'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T13:38:09.65'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-27T13:38:09.65'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-27T14:24:29.55'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-27T15:08:00.9833333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-27T15:08:00.9833333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-27T15:08:00.9833333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:08:00.9833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-29T17:51:29.0566667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-29T17:51:29.0566667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-01-30T11:24:39.7166667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-31T12:08:18.7766667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-31T12:08:18.7766667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-01T10:27:13.53'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-01T14:10:58.52'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-01T14:10:58.52'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-03T15:51:44.07'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-06T08:45:43.2366667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-08T10:01:19.8133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T10:01:19.8133333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T13:57:49.0466667'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-02-09T10:43:38.9666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:31:01.2033333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-14T09:52:07.52'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T14:58:06.3266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T09:48:17.1866667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T10:52:26'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-23T12:50:38.3'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-24T14:32:41.97'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-01T12:53:22.6533333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-06T09:40:52.69'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-14T08:49:17.9533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:40:41.9333333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-08-24T09:31:12.96'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-09-19T16:50:16.7633333'}]
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Bill
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By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2196) of Natalie M. Higgins and others relative to registered nurse patient assignment. Public Health.
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SECTION 1. Section 1 of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting before the definition of “Board of health” the following 2 definitions:-
“Hospital”, any hospital or psychiatric hospital providing inpatient care 24 hours per day, 7 days a week and including the teaching Hospital of the University of Massachusetts Medical School.
“Maternal Child Care Patients”, including antepartum, intrapartum, postpartum, and neonatal care.
SECTION 2. Said chapter 111 is hereby further amended by inserting after section 231 the following section:-
Section 231A. (a) There shall be a specific statewide limit on the number of patients a registered nurse shall be assigned to provide care for at 1 time, which shall be established under regulations promulgated by the department of public health, along with the department of mental health. The limit established by the department shall apply to hospitals.
This limit of patients shall be specific to each hospital unit and in effect at all times for each of the patient care areas, including, but not limited to, emergency services departments and units with step-down or intermediate care patients, post-anesthesia care patients, operating room patients, maternal child care patients, pediatric patients, psychiatric patients, medical, surgical and telemetry patients, observational and outpatient treatment patients, rehabilitation patients and any unit not otherwise listed.
(b) The limits established by the department shall not include a minimum number of patients assigned to a registered nurse at 1 time. Additional staff shall be assigned in accordance with nursing care requirements, including the severity of the illness, the need for specialized equipment and technology, the complexity of clinical judgment needed to design, implement and evaluate the patient care plan and the ability for self-care and the licensure of the personnel required for care.
(c) Prior to promulgating regulations, the department shall hold a series of public hearings throughout the commonwealth and invite comments from stakeholders.
(d) The regulations shall include mechanisms for enforcement of the limits by the attorney general, which shall include, but not be limited to, injunctive or declaratory relief and civil penalties in the amount of up to $25,000 per violation.
(e) Each day during which a violation continues following notice to the facility of such violation shall constitute a separate and distinct violation subject to any penalties established pursuant to subsection (d).
(f) Upon written notice by the department that a complaint has been made or a violation has occurred, a facility receiving such notice shall submit a written compliance plan to the department that demonstrates the manner in which the facility will ensure future compliance with all of the provisions of this act within the time frame required by the department.
(g) No employee shall be disciplined or retaliated against in any manner for complying with the patient limits set forth by the regulations established and any such employee so disciplined or retaliated against shall be entitled to the remedies under subsection (d) of section 185 of chapter 149 of the General Laws regardless of whether the employee satisfies any other terms or conditions set forth in said section 185 of said chapter 149.
(h) The regulations promulgated pursuant to this act shall provide for suspension during a state or national public health emergency.
SECTION 3. The department of public health shall promulgate regulations pursuant to section 231A of chapter 111 of the General Laws not later than 24 months after passage of this act.
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An Act to protect Massachusetts public health from PFAS
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H2197
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HD3324
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2197/DocumentHistoryActions
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Bill
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By Representative Hogan of Stow and Senator Cyr, a joint petition (accompanied by bill, House, No. 2197) of Kate Hogan, Julian Cyr and others for legislation to protect public health from PFAS. Public Health.
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SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35SSS the following section:-
Section 35TTT. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Board of health”, any body politic or political subdivision of the commonwealth that acts as a board of health, public health commission or a health department for a municipality, region or district, including, but not limited to, municipal boards of health, regional health districts established pursuant to G.L. c. 111, § 27B and boards of health that share services pursuant to G.L. c. 40, § 4A.
“Office”, executive office of energy and environmental affairs.
“Per- and polyfluoroalkyl substances” or “PFAS”, as defined in 310 CMR 22.07G.
“Regional system”, any system established by mutual agreement of 2 or more municipalities or by a county in which all municipalities of said county have an agreement to provide drinking water or wastewater services, or both, through shared facilities, sources or distribution networks.
“Secretary”, secretary of energy and environmental affairs.
(b) (1) There shall be a PFAS Remediation Trust Fund. Expenditures from the fund shall be made by the executive office of energy and environmental affairs, without further appropriation and consistent with the terms of settlements made in connection with claims arising from the manufacture, marketing or sale of PFAS-containing aqueous film-forming foam, as applicable. The secretary of energy and environmental affairs shall administer the fund.
(2) The fund shall be expended to mitigate the impacts of PFAS contamination in drinking water, groundwater, and soil in the commonwealth, including, but not limited to, assisting municipalities, private well owners, and public water systems with the cost of PFAS remediation projects. Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of the fiscal year shall not revert to the General Fund, but shall instead be available for expenditure during the next fiscal year. Any fiscal year-end balance in the fund shall be excluded from the calculation of the consolidated net surplus pursuant to G.L. c. 29, § 5C.
(3) There shall be credited to the fund: (i) amounts recovered by the commonwealth and credited thereto in connection with claims arising from the manufacture, marketing or sale of PFAS-containing aqueous film-forming foam; (ii) transfers from other funds authorized by the general court and so designated; (iii) funds from public or private sources, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth designated to the fund; and (iv) any interest earned on such amounts.
(c) The secretary shall award and administer grants from the fund, without further appropriation, for the purpose of addressing exceedances of state cleanup standards for PFAS in drinking water, groundwater and soil to: (i) municipalities for municipal use, including, but not limited to, establishing connections to regional systems and funds necessary to address the reasonable administrative costs of the municipality; (ii) boards of health for use in assisting private well users; (iii) community water systems for use on an existing system or to expand a system to assist additional water users; and (iv) non-transient non-community water systems.
(d) The office shall adopt rules, and include conditions in grant documents, to ensure that the applicant has made and will make reasonable efforts to obtain and use funds from any liable or potentially liable third party, excluding public sector fire departments for the use of Class B firefighting foam in emergency responses, prior to and after receiving a grant. In addition, the office shall adopt rules establishing criteria to ensure that an applicant shall not be eligible for grants for any project or portion of a project to the extent the negligence of the applicant caused the contamination that resulted in the exceedance of state cleanup standards for PFAS in drinking water, groundwater and soil.
(e) If the office provides a grant related to costs for a project for which a third party might otherwise be liable, the right to recover payment from such third party, excluding public sector fire departments for the use of Class B firefighting foam in emergency responses, shall be subrogated to the office to the extent of such forgiveness or grant. Any money recovered by the office from such third parties shall be deposited in the PFAS Remediation Trust Fund.
(f)(1) The office may collaborate with the department of public health to provide funding for boards of health to establish a program of rebates to private well users. Eligible spending for rebate shall include, but not be limited to, sampling of private well water for PFAS regulated by the department of environmental protection under 310 CMR 22.00 and purchase of point-of-entry or point-of-use treatment systems to remove PFAS from drinking water.
(2) Boards of health may opt in to receive funding from the office pursuant to paragraph (1), and may apply for and receive funds from the office necessary to cover reasonable administrative costs related to implementation of said paragraph (1). Boards of health that opt in shall amend their codes to require private well water quality testing for PFAS for property sales and new construction.
(3) Annually, not later than August 31, boards of health that opt in under paragraph (2) shall submit a report to the office including information demonstrating compliance during the preceding fiscal year with said paragraph (2).
(g) Annually, not later than October 1, the secretary shall file a report on the activity, revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the house of representatives and the senate and the house and senate committees on ways and means, and shall make the report available on the office’s website. The report shall include, but not be limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the administrative costs of the office; (iii) an itemized list of the funds expended from the fund; and (iv) data and an assessment of how well resources have been directed to environmental justice communities.
SECTION 2. Chapter 21 of the General Laws is hereby amended by inserting after section 43A the following section:-
Section 43B. (a) The department of environmental protection shall amend its groundwater discharge permits with requirements for quarterly monitoring and reporting of per- and polyfluoroalkyl substances, commonly referred to as “PFAS”.
(b) The department shall amend its surface water discharge permits and groundwater discharge permits issued to industrial permittees with requirements to implement best management practices for discharges of PFAS, including, but not limited to: (i) product elimination or substitution when a reasonable alternative to using PFAS is available in the industrial process; (ii) accidental discharge minimization; and (iii) equipment decontamination or replacement where PFAS products have historically been used.
(c) The department shall propose rules and regulations pursuant to G.L. c. 21, § 27 for effluent limitations and pre-treatment requirements for PFAS in groundwater discharge.
SECTION 3. Chapter 21A of the General Laws is hereby amended by inserting after section 28 the following section:-
Section 29. (a) The office, in collaboration with the executive office of health and human services, shall develop and implement a multilingual outreach program to promote the education of environmental justice populations impacted by per- and polyfluoroalkyl substances, commonly referred to as “PFAS”, contamination. This program shall include the development and distribution of educational materials, the content of which shall include, but not be limited to: (i) the health effects of PFAS exposure; (ii) the routes of PFAS exposure; (iii) a list of facilities required to prepare a toxics use reduction plan for PFAS within 10 miles of the environmental justice community; (iv) citizen involvement pursuant to G.L. c. 21I, § 18; and (v) state assistance programs for PFAS remediation.
(b) The educational materials shall be translated into the primary languages of impacted environmental justice populations. Such educational materials shall be made available to, but not be limited to: (i) community centers; (ii) health care centers; and (iii) schools.
(c) The office may contract or associate with public and private agencies and organizations for the preparation of said educational materials on PFAS exposure, other pertinent resource information on the matter of PFAS contamination and conducting educational programs.
SECTION 4. Chapter 111 of the General Laws is hereby amended by inserting after section 5S the following sections:-
Section 5T. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Food package", a package or packaging component that is intended for the marketing, protection or handling of a product intended for food contact or used to store food and foodstuffs for sale.
"Manufacturer", a person, firm, association, partnership, government entity, organization, joint venture or corporation that applies a package to a product for distribution or sale.
"Package", a container providing a means of marketing, protecting or handling a product which shall include a unit package, an intermediate package, a package used for shipping or transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs.
"Packaging component", an individual assembled part of a package including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels.
"Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom.
(b) No manufacturer shall sell, offer for sale, distribute for sale, or distribute for use in the commonwealth food packaging to which PFAS have been intentionally added in any amount.
Section 5U. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Child passenger restraint”, a child passenger restraint under G.L. c. 90, § 7AA.
“Children’s products”, a consumer product, including its product components, intended, made or marketed for use by children 12 years of age or under, not including medical devices.
“Consumer product,” any article that, to any significant extent, is distributed in commerce for personal use or consumption by individuals.
“Cookware”, durable houseware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls and cooking utensils.
“Current unavoidable use”, a use of PFAS that the department has determined under this section to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available.
“Distributor”, any person, firm or corporation who takes title to goods, produced either domestically or in a foreign country, purchased for resale or promotional purposes.
“Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart characteristics, including, but not limited to, stain resistance or water resistance.
“Intentionally added”, the addition of a chemical to a final product or product component for the purpose of providing a specific characteristic, appearance or quality or to perform a specific function in the product or product component, including PFAS that are intentional chemical breakdown products or derivatives of an added chemical that also have a specific function in the product or product component.
“Manufacturer”, any person, firm or corporation that manufactures a product whose brand name is affixed to the product. In the case of a product imported into the United States, “manufacturer” includes the importer or first domestic distributor of the product if the person that manufactured or assembled or whose brand name is affixed to the product does not have a presence in the United States.
“Per- and polyfluoroalkyl substances” or “PFAS”, a class of fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom.
“Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance. Personal care products shall include products such as skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and deodorants, as well as any material intended for use as a component of a cosmetic product. Personal care products shall also include disposable menstrual products such as sanitary napkins, tampons and underwear liners.
“Product component”, a component of a product, including the product’s ingredients or a part of the product, regardless of whether the manufacturer of the product is the manufacturer of the component.
“Product label”, a display of written, printed or graphic material that appears on, or is affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a consumer, if the product has an exterior container or wrapper.
“Retailer”, any person, firm or corporation to whom a consumer product is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such product for purposes other than resale.
“Rugs and carpets”, fabric used to or marketed to cover floors.
“Upholstered furniture'', as defined in G.L. c. 94, § 270.
“Wholesaler,” any person, firm or corporation to whom a consumer product is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such product for purposes of resale.
(b) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or distribute in the commonwealth any of the following products or product categories to which PFAS have been intentionally added: (i) child passenger restraints; (ii) cookware; (iii) fabric treatments; (iv) personal care products; (v) rugs and carpets; (vi) upholstered furniture; and (vii) children’s products.
(2) The prohibitions of this subsection shall not apply to the sale or resale of used products.
(3) Products or product categories in which the use of PFAS is a currently unavoidable use, as determined by the department, may be exempted by the department at intervals of no more than 3 years.
(c) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or distribute in the commonwealth any products to which PFAS have been intentionally added, unless the department has determined that the use of PFAS in the product is a currently unavoidable use and grants a temporary exemption at intervals of no more than 3 years.
(2) The prohibitions of this subsection shall not apply to the sale or resale of used products.
(d) The department shall adopt regulations to implement this section.
(e) The attorney general shall have the authority to enforce the provisions of this section pursuant to G.L. c. 93A, § 4.
(f) (1) Notwithstanding any general or special law to the contrary, the department of public health shall establish, on or before June 1, 2025, a publicly accessible reporting platform to collect information about per- and polyfluoroalkyl substances, or “PFAS”, and products or product components containing PFAS being sold, offered for sale, distributed or offered for promotional purposes in, or imported into, the state. The department may consult with Interstate Chemicals Clearinghouse to establish such a platform.
(2) On or before June 1, 2026, and on or before June 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS that is sold, offered for sale, distributed or offered for promotional purposes in, or imported into, the state shall register the PFAS or the product or product component containing intentionally added PFAS on the publicly accessible reporting platform created pursuant to paragraph (1), along with all of the following information, as applicable: (i) the name and type of product or product component containing intentionally added PFAS; (ii) the universal product code, or “UPC,” of the product or product component containing intentionally added PFAS; (iii) how the PFAS are, or the product or product component containing intentionally added PFAS are, used by businesses or consumers; (iv) the specific names of all PFAS compounds in the product or product component containing intentionally added PFAS and the Chemical Abstracts Service Registry Number, also known as a “CAS Registry Number” or “CAS RN,” of each PFAS compound; (v) the amount of the product or the product component or the numbers of products or product components sold, delivered or imported into the state; (vi) the name and address of the manufacturer, and the name, address and phone number of the contact person for the manufacturer; and (vii) any additional information established by the department as necessary to implement the requirements of this section.
(3) With the approval of the department, a manufacturer may supply the information required in paragraph (2) for a category or type of product rather than for each individual product.
(4) In a manner determined by the department, a manufacturer shall update and revise the information required under paragraph (2) whenever there is a significant change in the information or when requested to do so by the department.
(5) The department may establish by regulation and assess a fee payable by a manufacturer upon submission of the notification required under paragraph (2) to cover the department’s reasonable costs in developing and administering this section.
(g) (1) A manufacturer of products registered under paragraph (2) of subsection (f) shall send an electronic notification to distributors and wholesalers of the product that the product contains PFAS.
(2) A distributor or wholesaler who receives a notification pursuant to paragraph (1) shall send an electronic notification to retailers of the product that the product contains PFAS.
(3) The department shall adopt regulations to implement this subsection.
(4) The attorney general shall have the authority to enforce the provisions of this subsection under G.L. c. 93A, § 4.
(h) A manufacturer of products registered under paragraph (2) of subsection (f) shall state the presence of PFAS on a product label that is visible and legible to the consumer, including on the product listing for online sales. Products that meet both of the following requirements are exempt from the requirements of this section: (i) the surface area of the product cannot fit a product label of at least two square inches; and (ii) the product does not have either (1) an exterior container or wrapper on which a product label can appear or be affixed, or (2) a tag or other attachment with information about the product attached to the product.
(i) A manufacturer of any of the following products that is sold, offered for sale, distributed or offered for promotional purposes in, or imported into, the state shall test for the presence of unintentionally added PFAS using analytical methods approved by the department: (i) child passenger restraints; (ii) cookware; (iii) fabric treatments; (iv) personal care products; (v) rugs and carpets; (vi) upholstered furniture; and (vii) children’s products.
SECTION 5. Chapter 111 of the General Laws is hereby amended by inserting after section 244 the following sections:-
Section 245. (a) The department, in consultation with the department of environmental protection, shall design and implement a public awareness campaign to inform Massachusetts residents of per- and polyfluoroalkyl substances, commonly referred to as “PFAS”, contamination across the commonwealth and potential health impacts of PFAS exposure. The campaign shall include, but is not limited to, the following subjects: (i) PFAS exposure pathways, including drinking water, groundwater, surface water, wastewater, land application of biosolids, landfills, air and fish tissue; (ii) consumer products that are known to contain PFAS; (iii) PFAS in Class B firefighting foam; (iv) facilities that are known and potential sources of PFAS in the commonwealth; (v) potential health impacts of PFAS exposure; and (vi) state assistance programs for PFAS remediation.
(b) The department of public health shall develop informational booklets about PFAS and make the booklets available to all health care professionals, community health centers, and members of the public upon their request. The department shall publicize and make available the booklet to the maximum extent possible, and shall make the booklet available electronically on its website in English and Spanish. This information may be revised by the department whenever new information about the health impacts of PFAS becomes available.
Section 246. (a) The following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Firefighting personal protective equipment” means any clothing designed, intended or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets and respiratory equipment.
“Local governments” includes any county, city, town, fire district, regional fire protection authority, or special purpose district that provides firefighting services.
“Manufacturer”, any person, firm or corporation that manufactures or distributes firefighting agents or firefighting equipment. In the case of a product imported into the United States, “manufacturer” includes the importer or first domestic distributor of the product if the person that manufactured or assembled or whose brand name is affixed to the product does not have a presence in the United States.
"Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom.
(b) (1) A manufacturer or other person that sells firefighting personal protective equipment containing PFAS to any person, local government or state agency shall provide written notice to the purchaser at the time of sale: (i) that the firefighting personal protective equipment contains PFAS; and (ii) the reason PFAS are added to the equipment.
(2) The manufacturer or other person selling firefighting personal protective equipment and the purchaser of the equipment shall retain a copy of the notice required pursuant to this subsection on file for at least 3 years from the date of the purchase. Upon the request of the department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales documentation to the department within 60 days of such request.
SECTION 6. Said section 246 of said chapter 111 of the General Laws, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency shall not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal protective equipment containing intentionally added PFAS.
SECTION 7. (a) Notwithstanding any general or special law to the contrary, no person, local government or state agency shall use a Class B firefighting foam that contains intentionally added PFAS in any amount for training or testing purposes.
(b) Any person, unit of local government, fire department, or state agency that discharges or releases Class B firefighting foam that contains intentionally added PFAS must notify the department of environmental protection’s emergency response line within 48 hours of the discharge or release.
(c) The department of public health shall collect data on occupational exposure to PFAS, including, but not limited to, firefighters, and shall report data through the Massachusetts Cancer Registry.
SECTION 8. The department of environmental protection shall amend the private well guidelines, last updated July 2018, and model BOH regulation for private wells, last updated July 2018, to include language for testing, monitoring, and remediation of per- and polyfluoroalkyl substances regulated by the department under 310 CMR 22.07G(3).
SECTION 9. Subsection (a) of section 43B of chapter 21 of the General Laws shall take effect six months after United States Environmental Protection Agency Method 1633 is available to the public.
SECTION 10. Subsection (b) of said section 43B of said chapter 21 shall take effect on the 180th day following enactment.
SECTION 11. Subsection (c) of said section 43B of said chapter 21 shall take effect two years after United States Environmental Protection Agency Method 1633 is available to the public.
SECTION 12. Section 5T of said chapter 111 shall take effect January 1, 2026.
SECTION 13. Subsection (b) of said section 5U of said chapter 111 shall take effect January 1, 2026.
SECTION 14. Subsection (c) of said section 5U of said chapter 111 shall take effect January 1, 2030.
SECTION 15. Paragraph (1) of said subsection (g) of said section 5U of said chapter 111 shall take effect June 1, 2026.
SECTION 16. Subsection (h) of said section 5U of said chapter 111 shall take effect January 1, 2026.
SECTION 17. Subsection (i) of said section 5U of said chapter 111 shall take effect January 1, 2030.
SECTION 18. Section 245 of said chapter 111 shall take effect on the 180th day following enactment.
SECTION 19. Section 246 of said chapter 111 shall take effect January 1, 2025.
SECTION 20. Section 6 shall take effect January 1, 2026
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An Act to improve access to family physicians
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H2198
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HD3329
| 193
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{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T14:59:12.477'}
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[{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T14:59:12.4766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2198/DocumentHistoryActions
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Bill
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By Representative Hogan of Stow, a petition (accompanied by bill, House, No. 2198) of Kate Hogan relative to requirements of certain health care applicants and trainees. Public Health.
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SECTION 1. Section 25N ½ of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended in subsection (b) by inserting after the words “primary care” in line 8 the words “and family medicine”.
SECTION 2. Said subsection (b) of section 25N ½, as so appearing, is hereby further amended by adding the phrase “and family physicians” after “primary care providers” at the end of the first sentence of the first paragraph.
SECTION 3. Said subsection (b) of section 25N ½, as so appearing, is hereby further amended by striking out in line 23 the number “50” and inserting in place thereof “95”.
SECTION 4. Said subsection (b) of section 25N ½, as so appearing, is hereby further amended by inserting after the second paragraph the following new paragraph:—
The health care workforce center shall require applicants to include the following information and give preference to those applicants whom meet at least one of the following criteria: (1) Have a proven record of placing graduates in areas of unmet need; (2) Have a record or written plan of attracting and admitting underrepresented minorities and/or economically disadvantaged groups; or (3) host their programs and/or clinical training sites in areas of unmet need.
SECTION 5. Said subsection (b) of section 25N ½, as so appearing, is hereby further amended by striking out the phrase “9 to 12 month” in line 30 and inserting in placing thereof “3 to 4 year”.
SECTION 6. Said subsection (b) of section 25N ½, as so appearing, is hereby further amended by adding at the end of the third paragraph:—
All resident trainees shall be assigned as the primary care provider for a continuity panel of patients and see those patients in that location no less than 40 weeks per academic year for each year of the residency.
SECTION 7. Said subsection (b) of section 25N ½, as so appearing, is hereby further amended by striking out the first sentence and inserting in place thereof:—
The health care workforce center shall determine through regulation grant amounts per full-time resident, provided that grant amounts per resident are no less than 85% of the average CMS annual reimbursement rate per year and funding is provided for all of the 3 or 4 year residency.
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An Act exempting barber shops from certain system sewage flow design criteria
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H2199
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HD1032
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T09:20:26.64'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T09:20:26.64'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2199/DocumentHistoryActions
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 2199) of Steven S. Howitt relative to exempting barber shops from certain system sewage flow design criteria. Public Health.
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SECTION 1. Section 13 of chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the first paragraph, the following paragraph:-
The department shall not classify barber shops and beauty salons together so as to require the same system sewage flow design criteria for on-site subsurface sewage disposal. Until such time as the department classifies barber shops and beauty salons as two distinct types of commercial uses, businesses that operate exclusively as barber shops pursuant to section 87T of chapter 112, shall be exempt from any rule related to the system sewage flow design criteria for beauty salons; provided further, that any qualified barber shop as described herein shall apply to the department for a unique determination of system sewage design flow.
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An Act to extend the opportunity to purchase teaching service in all territories of the U.S
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H22
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HD22
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{'Id': None, 'Name': "Massachusetts Teachers' Retirement System", 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-07T16:38:34.683'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H22/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 extend the opportunity to purchase teaching service in all territories of the U.S. Public Service.
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SECTION 1. The subdivision (4) of section 3 of Chapter 32 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:
For the purposes of this subdivision the words "service in any other state for any previous period as a teacher, principal, supervisor or superintendent in the public day schools or other day school under exclusive public control and supervision'' shall be deemed to include service rendered in an overseas dependent school conducted under the supervision of the department of defense of the government of the United States, and service rendered in the public schools of any of the Territories of the United States; provided, that any credit to be allowed shall not exceed five years of the maximum credit of ten years allowable for service in other states as provided in this section.
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An Act relative to studying best practices for ensuring the safety of blind persons
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H220
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HD1323
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{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:32:00.053'}
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[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:32:00.0533333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-31T12:20:01.25'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:39:21.1866667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:08:14.13'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-14T15:20:40.64'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H220/DocumentHistoryActions
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Bill
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By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 220) of Alyson M. Sullivan-Almeida and others for legislation to establish a special commission to study and determine best practices to ensure the safety of blind persons. Children, Families and Persons with Disabilities.
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SECTION 1. (a) Notwithstanding any general or special law to the contrary, there shall be a special commission established to study and determine best practices to ensure the safety of blind persons in public walkways and intersections. The commission, in conjunction with the Massachusetts Commission for the Blind, shall be tasked with, but not be limited to, reviewing the following: existing roadway and traffic policies aimed at ensuring the safety of the blind and visually impaired; current use of accessible pedestrian signals; and new technology available to improve upon the safety of blind and visually impaired persons, particularly in cities and highly congested areas.
(b) The commission shall consist of 9 members: the commissioner of the Massachusetts commission for the blind, or a designee; the chief executive officer of the Massachusetts department of transportation, or a designee; the commissioner of the department of conservation and recreation, or a designee; the executive director of the disability law center, or a designee; the secretary of the executive office of public safety and security, or a designee, and four people to be appointed by the governor, two of whom must be advocates for the blind and visually 3 of 3 impaired community, and two of whom must be experts in roadway safety and accessibility technology.
(c) The commission shall file its report and findings, along with any recommendations for legislation or executive action, with the secretary of administration and finance, and the chairs of committees as appropriate in light of the recommendations, which may include but shall not be limited to the joint committee on children, families, and persons with disabilities, the joint committee on transportation, the joint committee on public safety and homeland security, the chair of the senate and house committees on bonding, capital expenditures and state assets, and the clerks of the senate and the house of representatives within 1 year of the passage of this act.
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An Act regulating central service technicians
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H2200
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HD1874
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:20:16.643'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:20:16.6433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2200/DocumentHistoryActions
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 2200) of Daniel J. Hunt relative to central service technicians in health care facilities. Public Health.
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SECTION 1. Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 234 the following section:-
Section 235.
(a) For purposes of this section, the following terms shall have the following meanings:
“Central Service Technician,” any person, who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices being used by a health care facility.
“Health care practitioner,” any person licensed or registered under chapter 111 or 112, including any intern, resident, fellow or medical officer who conducts or assists with the performance of surgery.
“Health care facility,” shall mean any “hospital" as defined in section 52 of chapter 111 or any “rural hospital" as defined in section 52 of chapter 111 or surgical services that are provided by a free-standing ambulatory surgery center, whether inpatient or outpatient, conducted for charity or for profit and whether or not subject to section 25C. “Health care facility" shall not include dental or private office of a health care practitioner.
(b) A health care facility shall not employ or otherwise retain the services of a central service technician unless such person:
(1) Has successfully passed a nationally accredited central service exam for central service technicians, and holds and maintains one of the following credentials administered by a nationally accredited central service technician credentialing organization: the certified registered central service technician credential, the certified sterile processing and distribution technician credential or a substantially equivalent credential; or
(2) Provides evidence that the person was employed or retained the services of a central service technician by a health care facility on or before December 31, 2024.
(c) A central service technician who does not meet the requirements of paragraph (b)(2) of this section shall have 18 months from the date of hire to obtain the certified registered central service technician credential or the certified sterile processing and distribution technician.
(d) A person who qualifies to function as a central service technician in a health care facility under paragraphs (b)(1) and (2) of this section must annually complete 10 hours of continuing education credits to remain qualified to function as a central service technician. The continuing education required under this subsection shall be in the area related to the functions of a central service technician.
(e) Nothing in this section shall prohibit the following persons from performing the tasks or functions of a central service technicians:
(1) A health care practitioner;
(2) A student or intern performing the functions of a central service technician under the direct supervision of a health care practitioner as part of the student’s or intern’s training or internship; or
(3) A person who holds or maintains a registration, certification, or license by a nationally accredited credentialing organization to perform health services.
(f) A health care facility shall, upon the written request of a central service technician, verify, in writing, the central service technician's dates of employment or the contract period during which the central service technician provided services to the health care facility.
SECTION 2. The commissioner of the department of public health may adopt regulations necessary to carry out this act. Such regulations shall be adopted not later than 90 days after the effective date of this act.
SECTION 3. Section 1 shall take effect 180 days after the effective date of this act.
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An Act relative to the promotion of food donation
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H2201
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HD1734
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:32:21.89'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:32:21.89'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-19T10:15:06.26'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:32:48.54'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:43:51.2333333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:51:17.13'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:29:38.7833333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:04:25.81'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:45:38.7833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-18T00:11:06.78'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-10T00:02:29.9933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-17T20:51:59.36'}]
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-17T16:32:21.89'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2201/DocumentHistoryActions
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Bill
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By Representatives Jones of North Reading and Kane of Shrewsbury, a petition (accompanied by bill, House, No. 2201) of Bradley H. Jones, Jr., Hannah Kane and others relative to authorizing the Department of Public Health to provide guidance to businesses regarding best practices for food donation. Public Health.
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SECTION 1. The department of public health shall issue guidance to businesses in the commonwealth regarding best practices for food donation, and state and federal policies concerning liability protections when donating food.
The guidance shall include, but not be limited to, a review of:
(i) state and federal liability protection laws in place concerning food donation;
(ii) the community benefits of food donation, including, but not limited to, reducing food waste, and providing food for those in need;
(iii) incentives for businesses to donate surplus food;
(iv) federal, state, and local regulations for safe food handling of food donations;
(v) best practices of food donation;
(vi) the types of food and produce that may be donated by businesses;
(vii) and contact information for staff at the department of public health that businesses can reach out to with questions regarding food donation best practices and liability protections.
SECTION 2. The commissioner of the department of public health shall establish how said guidelines regarding food donation by businesses be distributed to Massachusetts establishments in a manner that ensures that they are easily accessible. The commissioner shall also ensure that said guidelines are posted on the department of public health’s website. The guidelines shall be developed, distributed, and posted by the department of public health no later than 6 months within the passage of this act.
SECTION 3. The department of public health shall conduct educational webinars for health agents and local boards of health regarding best practices and strategies for implementing effective and safe policies and programs regarding food donation. The commissioner of the department of public health shall determine the educational content that shall be included in said webinars, and the frequency with which they shall be held, provided that, said webinars are held a minimum of 4 times per calendar year.
SECTION 4. The department of public health shall develop and implement a state-wide educational campaign to conduct targeted outreach to Massachusetts businesses and consumers to teach them about the importance of reducing food waste and how they can play a role in reducing food waste. The commissioner of the department of public health shall ensure that the campaign is developed and implemented no later than 12 months within the passage of this act.
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An Act establishing a commission to study the encouragement of organ donation
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H2202
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HD1753
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:27:30.883'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:27:30.8833333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:43:24.3933333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:48:32.92'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:39:39.05'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:02:14.4633333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:55:02.99'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T17:01:18.84'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 2202) of Bradley H. Jones, Jr., and others relative to establishing a commission (including members of the General Court) to study the encouragement of organ donation. Public Health.
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SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a commission to study and provide recommendations on ways to incentivize organ donation.
SECTION 2. The commission shall consist of the house and senate chairs of the joint committee on health care financing, who shall serve as the co-chairs; one member to be appointed by the speaker of the house of representatives; one member to be appointed by the president of the senate; one member to be appointed by the house minority leader; one member to be appointed by the senate minority leader; the director of the health policy commission or a designee; the commissioner of the department of public health or a designee; and the executive director of the center for health information and analysis or a designee.
SECTION 3. The commission shall study and make recommendations on ways to increase voluntary organ donation, including but not limited to examining the implementation of an organ donation program with direct or indirect monetary incentives in the commonwealth. The commission shall assess various organ donation incentives currently in place in other states.
SECTION 4. The commission shall submit its report and findings, along with any recommendations and drafted legislation, to the house and senate committees on ways and means, the joint committee on health care financing, and the clerks of the house of representatives and senate within 12 months of the passage of this act.
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An Act relative to informed consent for concurrent surgical procedures
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H2203
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HD210
| 193
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T16:16:49.853'}
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[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T16:16:49.8533333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-24T10:33:27.23'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-26T11:38:49.37'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-07T10:02:29.5333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:27:20.1133333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:29:29.59'}, {'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-02-06T10:42:50.2233333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T12:58:48.34'}]
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{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-10T16:16:49.853'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2203/DocumentHistoryActions
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Bill
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By Representatives Kane of Shrewsbury and Fiola of Fall River, a petition (accompanied by bill, House, No. 2203) of Hannah Kane, Carole A. Fiola and others relative to informed consent for concurrent surgical procedures. Public Health.
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SECTION 1. Section 70E of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
As used in this section, the terms “Attending physician”, “Concurrent surgical procedure”, “Elective surgical procedure”, “Emergency surgical procedure”, and “Secondary emergency surgical procedure” shall have the same meanings as defined in section 70i.
SECTION 2. Said section 70E of said chapter 111, as so appearing, is hereby further amended by striking out, in line 105, the word “and”.
SECTION 3. The fifth paragraph of said section 70E of said chapter 111, as so appearing, is hereby amended by striking out clause(o) and inserting in place thereof the following 2 clauses:-
(o) if the patient is a female rape victim of childbearing age, to receive medically and factually accurate written information prepared by the commissioner of public health about emergency contraception; to be promptly offered emergency contraception; and to be provided with emergency contraception upon request; and
(p) to refuse to undergo a concurrent surgical procedure, except in cases of an emergency surgical procedure.
SECTION 4. The sixth paragraph of said section 70E of said chapter 111, as so appearing, is hereby amended by striking out clause (h) and inserting in place thereof the following 3 clauses:-
(h) in the case of a patient suffering from any form of breast cancer, to complete information on all alternative treatments which are medically viable;
(i) in the case of a patient scheduled for an elective concurrent surgical procedure, to written notice and informed consent of such concurrent scheduling, and a detailed account of the attending physician’s participation in the surgical procedure, at least 14 days prior to the surgical procedure pursuant to section 70i; and
(j) in the case of a patient scheduled for a secondary emergency concurrent surgical procedure, to written notice and informed consent of such concurrent scheduling, and a detailed account of the attending physician’s participation in the surgical procedure, at least 48 hours prior to the surgical procedure pursuant to section 70i.
SECTION 5. Said chapter 111 is hereby further amended by inserting after section 70H the following section:-
Section 70I. (a) As used in this section, the following words shall have the following meanings:
“Attending physician”, the physician licensed under sections 2 through 9B of chapter 112, who has been credentialed by the facility to independently perform the patient’s procedure and to supervise physician trainees or physician extenders.
“Concurrent surgical procedure”, any surgical procedure during which the attending physician is scheduled to leave the operating room at any point between incision and skin closure of the procedure to participate in the performance or supervision of a different surgical procedure on a different patient in a different operating room, where critical portions of the operations are performed concurrently.
“Elective surgical procedure”, a surgical procedure that is scheduled at least 14 days in advance, that is not urgent in nature and is not an emergency procedure.
“Emergency surgical procedure”, an urgent surgical procedure that must be performed immediately upon the patient’s arrival at the facility, and is not scheduled in advance.
“Facility”, any hospital, institution for the care of unwed mothers, clinic, infirmary maintained in a town, convalescent or nursing home, rest home, or charitable home for the aged, licensed or subject to licensing by the department; any state hospital operated by the department; any “facility” as defined in section 3 of chapter 111B; any private, county or municipal facility, department or ward which is licensed or subject to licensing by the department of mental health pursuant to section 19 of chapter 19; or by the department of developmental services pursuant to section 15 of chapter 19B; any “facility” as defined in section 1 of chapter 123; the Soldiers Home in Holyoke, the Soldiers’ Home in Massachusetts; and any facility set forth in section 1 of chapter 19 or section 1 of chapter 19B.
“Overlapping surgical procedure”, a surgical procedure during which the attending physician is scheduled to leave the operating room at any point between incision and skin closure of the procedure to participate in the performance or supervision of a different surgical procedure on a different patient in a different operating room at the same time, where critical portions of the operations are not performed concurrently.
“Physician”, a person licensed to practice medicine under sections 2 through 9B of chapter 112.
“Physician Extender”, a person who is participating in the patient’s procedure who is under the direct supervision of the attending physician. A physician extender may be a resident, a fellow, a physician assistant, an advanced practice registered nurse or other person authorized by the facility to participate in the procedure, and who is directly supervised by the attending physician.
“Secondary emergency surgical procedure”, a surgical procedure that is scheduled at least 48 hours in advance, but is still more urgent in nature than an elective surgical procedure.
“Staggered surgical procedure”, a surgical procedure during which the attending physician performs different surgical procedures on different patients in different operating rooms, one procedure directly after another, where no portions of the operations are performed concurrently.
(b) At least 14 days before the attending physician operates on a patient scheduled for an elective concurrent surgical procedure, and at least 48 hours before the attending physician operates on a patient scheduled for a secondary emergency concurrent surgical procedure, the attending physician shall inform the patient, in writing, of the concurrent scheduling and the involvement of the attending physician in the patient’s procedure, and shall obtain written informed consent from the patient prior to performing such procedure; provided, that the attending physician shall provide to the patient, in writing, a detailed description of what specific steps of the surgery said physician will and will not be performing, including, but not limited to critical surgical steps. The department shall develop a standardized written summary and consent form for use in obtaining informed consent for concurrent surgical procedures. This summary and consent form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content and shall inform the patient that they are scheduled to undergo a concurrent surgical procedure. The department shall update the form as necessary, and distribute such forms to each facility in the commonwealth in which the department knows or has reason to know concurrent surgical procedures are performed.
(c) The attending physician shall include in the patient’s medical record written documentation of the attending physician’s presence or absence during the surgical procedure. If the attending physician was absent for any part of the surgical procedure, the medical record shall accurately reflect the time of the absence or absences and who was the attending physician during the absence, if any.
(d) Any facility that performs concurrent surgical procedures shall publish, on their website, notice that said facility performs concurrent surgical procedures, and shall publish such notice on the individual webpages of each physician who performs concurrent surgeries at said facility.
SECTION 6. The department of public health shall promulgate rules and regulations necessary to implement this act.
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An Act relative to accelerating improvements to the local and regional public health system to address disparities in the delivery of public health services
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H2204
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HD712
| 193
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-17T10:06:14.32'}
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[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-17T10:06:14.32'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T10:46:31.0333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:01:09.1133333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-24T07:10:38.36'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-25T14:30:08.1266667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-31T15:50:17.1366667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-09T14:28:19.1633333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-19T17:34:38.9066667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-03T16:20:28.57'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. 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Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-08T12:57:18.1233333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:30:10.38'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-08T08:18:54.15'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-02-06T09:36:33.1833333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-06T14:35:15.3433333'}, {'Id': 'PAD1', 'Name': 'Patricia A. 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http://malegislature.gov/api/GeneralCourts/193/Documents/H2204/DocumentHistoryActions
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Bill
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By Representatives Kane of Shrewsbury and Garlick of Needham, a petition (accompanied by bill, House, No. 2204) of Hannah Kane, Denise C. Garlick and others relative to accelerating improvements to the local and regional public health system to address disparities in the delivery of public health services. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by striking out section 27D, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 27D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Board of health”, any body politic or political subdivision of the commonwealth that acts as a board of health, public health commission or a health department for a municipality, region or district, including, but not limited to, municipal boards of health, regional health districts established pursuant to section 27B and boards of health that share services pursuant to section 4A of chapter 40.
“Foundational capabilities”, cross-cutting skills and capacities needed to support basic public health programs and other protections and activities including, but not limited to: (i) assessment and surveillance; (ii) emergency preparedness and response; (iii) policy development; (iv) communications; (v) community partnership development; (vi) organizational administrative competences; (vii) data-driven interventions; or (viii) accountability and performance management.
“Foundational public health services”, a nationally recognized framework for a minimum set of public health services, including, but not limited to, public health programs and foundational capabilities.
“Public health programs”, programs including, but not limited to: (i) communicable disease control; (ii) public health nursing services; (iii) epidemiology; (iv) food and water protection; (v) chronic disease and injury prevention; (vi) environmental public health; (vii) maternal, child and family health; or (viii) access to and linkage with clinical care, where applicable.
(b) The department, in consultation with municipalities and other stakeholders, shall establish a state action for public health excellence program to: (i) provide uniform access for every resident of the commonwealth foundational public health services; provided, that foundational public health services shall further racial and health equity, including for historically underrepresented communities; (ii) assist boards of health to adopt practices to improve the efficiency and effectiveness of the delivery of foundational public health services; (iii) develop a set of standards for foundational public health services across the commonwealth; and (iv) promote and provide adequate resources for boards of health that shall include, but shall not be limited to:
(A) supporting boards of health to meet the standards established pursuant to subsection (c) to improve the municipal and regional health systems;
(B) increasing cross-jurisdictional sharing of public health programs to strengthen the service delivery capabilities of the municipal and regional public health systems;
(C) improving planning and system accountability of the municipal and regional public health systems, including, but not limited to, statewide data collection and reporting systems;
(D) establishing workforce credentialing standards, including, but not limited to, education and training standards for municipal and regional public health officials and staff; and
(E) expanding access to professional development, training and technical assistance for municipal and regional public health officials and staff.
(c) The standards for local foundational public health services developed pursuant to clause (iii) of subsection (b) shall include, but not be limited to, the standards for: (i) inspections, epidemiology and communicable disease investigation and reporting, permitting and other local public health responsibilities as required by law or under regulations of the department or the department of environmental protection; (ii) workforce education, training and credentialing standards; and (iii) contributing required data. The standards shall consider national standards and shall be developed in consultation with local boards of health, public health organizations, academic experts in the field of public health and members of the special commission on local and regional public health established in chapter 3 of the resolves of 2016.
(d)(i) Subject to appropriation, boards of health shall implement and comply with the standards developed pursuant to subsections (b) and (c), individually or through cross-jurisdictional sharing of public health programs in the form of comprehensive public health districts, formal shared services or other arrangements for sharing public health programs.
(ii) Annually, not later than August 31, boards of health shall submit a report to the department including information demonstrating compliance during the preceding fiscal year with the standards pursuant to subsections (b) and (c).
(e) Subject to appropriation, the department and the department of environmental protection shall, according to each agency’s jurisdiction and authority, provide comprehensive core public health educational and training opportunities and technical assistance to municipal and regional public health officials and staff to support them in obtaining credentials and foundational capabilities required by the standards developed pursuant to subsections (b) and (c); provided, that said educational and training opportunities and technical assistance shall be offered in diverse geographic locations throughout the commonwealth or online. The department and the department of environmental protection shall provide such training and technical assistance opportunities free of charge. The department and the department of environmental protection may contract with other state agencies or external entities to provide said educational and training and technical assistance.
(f)(1) Subject to appropriation, the department shall provide funds to boards of health to implement and comply with the standards developed pursuant to subsections (b) and (c), including through cross-jurisdictional sharing of public health programs in the form of comprehensive public health districts, formal shared services and other arrangements for sharing public health programs.
(2) The funds may be used to provide:
(i) grants and technical assistance to municipalities that demonstrate limited operational capacity to meet local public health responsibilities as required by law or regulations;
(ii) competitive grants to increase the efficiency and effectiveness of the delivery of public health programs across 3 or more municipalities through:
(A) expanding shared services arrangements to include more municipalities;
(B) expanding shared services arrangements to provide a more comprehensive and equitable set of public health programs or sustainable business model; or
(C) supporting new cross-jurisdictional sharing arrangements; provided however, that grants provided pursuant to this clause shall supplement and shall not replace existing state, local, private or federal funding to boards of health and regional health districts; provided further, that boards of health shall apply for funds pursuant to this clause in a manner determined by the department; provided further, that the application shall include, but not be limited to: (1) a description of how the applicant will increase the efficiency and effectiveness in the delivery of public health programs; (2) certification that, at the time of the application, the applicant meets or will use funding to meet workforce standards as determined by the department; (3) certification that the applicant shall submit written documentation on the implementation of systems to increase efficiency in providing local public health programs, including data, to the department in a manner to be prescribed by the department; and (4) a plan for the long-term sustainability of strengthening local public health programs; provided further, that the department shall adopt rules, regulations or guidelines for the administration and enforcement of this clause, including, but not limited to, establishing applicant selection criteria, funding priorities, application forms and procedures, grant distribution and other requirements; and provided further, that not less than 33 per cent of the grants awarded shall be distributed to municipalities with a median household income below the median income of the commonwealth; and
(iii) annual non-competitive funding to ensure that all residents of the commonwealth are provided with foundational public health services that meet or exceed the standards set pursuant to this section; provided, however, that funds provided pursuant to this clause shall be distributed based on the level of implementation of the standards established in this section and using a formula based on population, level of cross-jurisdictional sharing and sociodemographic data; provided further, that, to receive funding pursuant to this clause, a board of health shall submit an annual report to the department of public health and department of environmental protection that (A) demonstrates progress or implementation of the standards; and (B) confirms that funding provided pursuant to this clause shall supplement and shall not replace existing state, local, private or federal funding to boards of health and regional health districts; provided further, that the report shall not require data that is otherwise reported to the department under subsection (d); and provided further, that data demonstrating implementation and compliance with the standards shall be submitted in a form prescribed by the department.
(g) Subject to appropriation, the department and the department of environmental protection, shall develop systems to provide for increased standardization, integration and unification of public health reporting and systems for the measuring of standard responsibilities of boards of health, including, but not limited to, inspections, code enforcement, communicable disease management and local regulations. Where feasible and in compliance with state and federal privacy requirements, the data and an analysis of the data shall be available on the department’s and department of environmental protection’s websites in a form that allows the public to conduct further analysis; provided, however, that any such published data shall exclude personal identifying information.
(h) The department shall estimate the amount of funds necessary to meet the requirements of this section for each fiscal year. The department shall report the estimate to the secretary of administration and finance and the house and senate committees on ways and means for the upcoming fiscal year in advance of the day assigned for submission of the budget by the governor to the general court pursuant to section 7H of chapter 29 and shall publish the estimate on the website of the department.
(i) In the event of an outbreak of a disease or health care situation important to the public health, as determined by the commissioner or the commissioner of the department of environmental protection affecting more than 1 board of health, the department may coordinate the affected boards of health, assemble and share data on affected residents and organize the public health response within and across the affected communities.
(j) Biennially, not later than December 1, in every even numbered year, the department, in consultation with the department of environmental protection, shall submit a report detailing the impact of the state action for public health excellence program established under subsection (b), the status of the local public health programs and their ability to meet the requirements under this section, including, but not limited to: (i) the number of board of health and regional health district officials and staff that meet workforce standards as determined by the department; (ii) the number of board of health and regional health district officials and staff that attended educational and training opportunities; (iii) the number of boards of health and regional health districts that are in compliance with data reporting requirements under this section; and (iv) the number of municipalities participating in regional public health collaborations. In preparing the report, the department shall consult with the department of environmental protection. The report shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on public health and publicly posted on the websites of the department and the department of environmental protection.
(k) Notwithstanding any general or special law to the contrary, if the commissioner, the commissioner of the department of environmental protection or their authorized representatives, determine that failure to meet standards established under subsection (c) in a timeframe consistent with the timeframe established in subsection (d), constitutes a threat to public health, they shall, in writing, notify the appropriate board of health of such determination and request that the board of health, in writing, notify the department of actions taken to effect appropriate protection. If the commissioner is not so notified, or if after notification the commissioner determines the actions are not sufficient to protect public health, the department may restrict future funding provided under clause (iii) of subsection (f) and will report these insufficiencies in its report issued under subsection (i).
(l) Nothing in this section shall limit the authority or responsibility of a board of health otherwise established by the general laws, including, but not limited to, section 127A.
SECTION 2. (a) Not more than 1 year after the effective date of this act and before the adoption of any regulation for the administration of the state action for public health excellence program pursuant to section 27D of chapter 111 of the General Laws, the department of public health shall hold not fewer than 3 public hearings in diverse geographic locations throughout the commonwealth or online to identify ways to improve the efficiency and effectiveness of the delivery of local public health services, in alignment with the recommendations of the special commission on local and regional public health established in chapter 3 of the resolves of 2016.
(b) Not later than December 31, 2023, the department of public health shall submit a report to the clerks of the house of representatives and the senate, the house and senate committee on ways and means and the joint committee on public health. The report shall include an analysis of needs, opportunities, challenges, timeline and cost analysis for the implementation of said section 27D of said chapter 111.
SECTION 3. The special commission on local and regional public health established in chapter 3 of the resolves of 2016 is hereby revived and continued to December 31, 2024. The special commission shall convene at least once not later than 120 days following the effective date of this act to review the changes made to section 27D of chapter 111 of the General Laws, inserted by section 1, and funding available to support and enhance the commonwealth’s local and regional public health system.
SECTION 4. The standards for foundational public health services developed pursuant to subsections (b) and (c) of section 27D of chapter 111 of the General Laws, as inserted by section 1, shall be consistent with the recommendations of the report of the special commission on local and regional and public health approved in June 2019 and shall be implemented and complied with by a phased schedule adopted by the department of public health. The department of public health shall publish a list of minimum statutory and regulatory local public health standards established pursuant to said subsections (b) and (c) of said section 27D of said chapter 111 not later than 90 days after the effective date of this act.
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An Act decreasing food waste by standardizing the date labeling of food
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H2205
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HD211
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T16:18:49.817'}
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[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T16:18:49.8166667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T12:22:04.77'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T07:11:45.74'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-02T15:50:04.2966667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:39:35.3166667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-26T15:24:04.38'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T13:01:02.8233333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:07:45.2366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-11T14:25:27.2466667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:17:47.31'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:47:27.57'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T12:34:21.3233333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:32:30.8733333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:53:54.99'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T13:16:03.4133333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-08T12:09:11.3133333'}]
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By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 2205) of Hannah Kane and others relative to date labels on food packaging of products. Public Health.
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SECTION 1. Chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 329 the following new section:-
Section 330. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Commissioner”, the commissioner of public health.
“Food labeler”, the producer, manufacturer, distributor, or retailer that places a date label on food packaging of a product.
“Quality date”, a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which the quality of the product may begin to deteriorate, even as the product may still be acceptable for consumption.
“Ready-to-eat product”, with respect to a product under the federal jurisdiction of the U.S. Secretary of Agriculture, a product that is in a form that is edible without additional preparation to achieve food safety and may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes and is a poultry product, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453), a meat food product, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601), or an egg product, as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033). With respect to a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) under the federal jurisdiction of the U.S. Secretary of Health and Human Services, a food that is normally eaten in its raw state or any other food, including a processed food, for which it is reasonably foreseeable that the food will be eaten without further processing that would significantly minimize biological hazards.
“Safety date”, a date printed on food packaging of a ready-to-eat product, which signifies the end of the estimated period of shelf life under any stated storage conditions, after which the product may pose a health safety risk.
(b) If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase “best if used by”, unless and until the commissioner specifies through rulemaking another uniform phrase to be used. The decision to include a quality date on food packaging shall be at the discretion of the food labeler.
(c) The label of a ready-to-eat product shall include a safety date that is immediately preceded by the uniform safety date label phrase “expires on”, unless and until the commissioner specifies through rulemaking another uniform phrase to be used, if the ready-to-eat product: (1) meets the criteria described in subsection (d) and is not exempt under paragraph (2) of subsection (e); or (2) is listed in accordance with paragraph (1) of subsection (e).
(d) The commissioner shall describe criteria that determine what ready-to-eat products may have a high level of risk associated with consumption after a certain date, including those that may be high or very high risk for Listeria monocytogenes or other contaminants or pathogens causing foodborne illness.
(e) The commissioner may, with respect to the products under the commissioner’s jurisdiction: (1) list additional ready-to-eat products that are high risk, but do not meet the criteria described in subsection (f); or (2) exempt specific ready-to-eat products that meet the criteria described in subsection (f), but do not actually pose a high level of risk associated with consumption after a certain date.
(f) Not less than once every 4 years, the commissioner shall review and, as the commissioner determines appropriate, shall update: (1) the criteria described in subsection (f); and (2) the list and exemptions described in subsection (g).
(g) The quality date and safety date and immediately adjacent uniform quality date label phrase or safety date label phrase shall be: (1) in single easy-to-read type style using upper and lower case letters in the standard form; (2) located in a conspicuous place on the package of the food; and (3) where applicable, stated in terms of day and month and, as appropriate, year.
(h) The commissioner shall establish guidance for food labelers on how to determine quality dates and safety dates for food products. Not later than 1 year after the date of enactment of this act, the commissioner shall provide consumer education and outreach on the meaning of quality date and safety date food labels.
(i) No one shall prohibit the sale, donation, or use of any product after the quality date for the product has passed, but nothing in this section shall be construed to prohibit any one from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the safety date. Only safety-based restrictions may be imposed on the sale, donation, or use of any product after the quality date has passed. No one shall establish or continue in effect any requirement that relates to the inclusion in food labeling of a quality date or a safety date that is different from or in addition to, or that is otherwise not identical with, the requirements under this section.
(j) Nothing in this section shall be construed to prohibit or restrict the use of time-temperature indicator labels or similar technology that is consistent with the requirements of this section.
(k) This section shall apply only with respect to food products that are labeled on or after a date that is 2 years after the date of enactment of this act.
SECTION 2. Section 187 of chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the twenty-seventh paragraph the following paragraph:-
“Fifteenth, if it does not bear a label in accordance with section 330 of this chapter.”
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An Act to permit the scattering of unclaimed cremated remains at sea
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H2206
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HD1008
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T18:54:18.55'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T18:54:18.55'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:09:25.07'}]
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 2206) of Patrick Joseph Kearney for legislation to permit the scattering of unclaimed cremated remains at sea. Public Health.
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Section 43M of chapter 114 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 15, the following words:-
"Notwithstanding any general or special law to the contrary, a funeral establishment in possession of the cremated remains of a human body which is not claimed by a next-of-kin or duly authorized representative within 12 months after the date of cremation may have the remains interred or placed in a common grave, niche, or crypt in a cemetery, or scattered in an area of the cemetery designated for that purpose;"
and, inserting in place thereof the following words:
"Notwithstanding any general or special law to the contrary, a funeral establishment in possession of the cremated remains of a human body which is not claimed by a next-of-kin or duly authorized representative within 12 months after the date of cremation may have the remains interred or placed in a common grave, niche, or crypt in a cemetery, scattered in an area of the cemetery designated for that purpose, or scattered at sea;"
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An Act ensuring the fair and appropriate distribution of vaccines during a public health emergency
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H2207
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HD497
| 193
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{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-12T15:54:13.677'}
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[{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-12T15:54:13.6766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-08-22T09:31:50.5433333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-08-22T09:31:50.5433333'}]
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By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 2207) of Sally P. Kerans relative to ensuring the fair and appropriate distribution of vaccines during a public health emergency. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 5A ½, the following section:—
Section 5A ¾ - Notwithstanding any general or special law to contrary, Whenever the commissioner determines that the inoculation of the general public by, or the administration to the general public of, any antitoxin, serum, vaccine or other analogous product is essential in the interest of the public health, and that supply for universal administration is insufficient, the department shall ensure that funeral home directors and funeral workers are included in the same category as health care providers in terms of prioritization of access.
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An Act relative to abandoned remains
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H2208
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HD1843
| 193
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{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-18T18:04:06.613'}
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[{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-18T18:04:06.6133333'}]
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Bill
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By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 2208) of Sally P. Kerans relative to abandoned remains or dead bodies. Public Health.
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SECTION 1. Section 1 of Chapter 38 of the Massachusetts General Laws shall be amended by adding the following definition:
“Abandoned Remains”- The remains or a dead body that no one has taken legal authority of the body for a period of 15 days.
SECTION 2. Chapter 38 of the Massachusetts General Laws shall be amended by inserting after Section 16, the following new Section:
Section 17. Notwithstanding any general or special law to the contrary, the office of the chief medical officer shall accept for temporary storage abandoned remains, as defined in this chapter, of persons who have died of natural causes in facilities licensed by the department of public health under MGL Chapter 111 Section 71 or under MGL Chapter 111 Section 51 or other facilities upon written request of the appropriate facility administrator, in the case of abandonment, no designated next of kin, or written plan of disposition. The office may subsequently release the body to the department of transitional assistance as allowed by Section 13 of this Chapter.
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An Act promoting access to midwifery care and out-of-hospital birth options
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H2209
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HD3100
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T12:42:58.99'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T12:42:58.99'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-30T11:07:46.01'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T11:07:41.05'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-30T11:07:41.05'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-21T12:58:46.3166667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-07T13:41:00.4166667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-05-02T15:32:05.65'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-02T17:45:23.0933333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-03-01T13:07:10.6266667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-21T17:38:57.9133333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-06T10:45:02.1933333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-05-21T22:23:57.01'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:27:05.6433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:53:31.0766667'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-08T14:41:11.0266667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-06-14T10:01:56.9266667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-31T14:00:16.5366667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-15T18:13:38.3766667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-04-07T11:47:20.85'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-06-01T14:16:35.3666667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:35:39.8766667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-10T10:51:11.1966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:11:12.49'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-16T15:04:09.76'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-31T09:36:39.8066667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T12:55:55.37'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-23T12:35:36.0833333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-22T15:32:57.6733333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T11:56:03.0666667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-08T14:20:07.9866667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-06-01T15:16:27.4733333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-09T10:44:25.3666667'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-06-01T12:04:51.7266667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T14:49:53.95'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-30T11:52:45.1866667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-04-07T10:58:01.7333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:53:59.3266667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-26T23:43:28.76'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-31T10:23:12.34'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-22T16:25:32.0733333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-08T14:11:18.5533333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-06-12T14:06:34.1933333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T09:46:03.43'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:06:02.0233333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-06T11:52:10.6733333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T14:24:28.25'}, {'Id': 'JJM2', 'Name': 'John J. 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Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-06-01T16:23:28.4266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:52:38.4066667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-22T05:42:13.78'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-31T16:24:52.6333333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:16:29.32'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-11T14:17:40.9866667'}]
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{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-20T09:29:30.747'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2209/DocumentHistoryActions
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Bill
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By Representatives Khan of Newton and Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 2209) of Kay Khan, Brandy Fluker Oakley and others for legislation to establish a board of registration in midwifery and further regulating out-of-hospital birth access and safety. Public Health.
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SECTION 1. Section 9 of chapter 13 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 7, after the word “counselors” the following words:- , the board of registration in midwifery.
SECTION 2. Said chapter 13, as so appearing, is hereby further amended by adding the following section:-
Section 110. (a) There shall be within the department of public health a board of registration in midwifery. The board shall consist of 8 members to be appointed by the governor, 5 of whom shall be midwives with not less than 5 years of experience in the practice of midwifery and who shall be licensed under sections 276 to 289, inclusive, of chapter 112, 1 of whom shall be a physician licensed to practice medicine under section 2 of said chapter 112 with experience working with midwives, 1 of whom shall be a certified nurse-midwife licensed to practice midwifery under section 80B of said chapter 112 and 1 of whom shall be a member of the public. Four of the members of the board of registration in midwifery shall have experience working on the issue of racial disparities in maternal health or be a member of a population that is underrepresented in the midwifery profession. When making the appointments, the governor shall consider the recommendations of organizations representing certified professional midwives in the commonwealth. The appointed members shall serve for terms of 3 years. Upon the expiration of a term of office, a member shall continue to serve until a successor has been appointed and qualified. A member shall not serve for more than 2 consecutive terms; provided, however, that a person who is chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive terms in addition to the remainder of that unexpired term. A member may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in the office after a written notice of the charges against the member and sufficient opportunity to be heard thereon. Upon the death or removal for cause of a member of the board, the governor shall fill the vacancy for the remainder of that member’s term after considering suggestions from a list of nominees provided by organizations representing certified professional midwives in the commonwealth. For the initial appointment of the board, the 5 members required to be licensed midwives shall be persons with at least 5 years of experience in the practice of midwifery who meet the eligibility requirements set forth in subsection (a) of section 281 of chapter 112. Members of the board shall be residents of the commonwealth.
(b) Annually, the board shall elect from its membership a chair and a secretary who shall serve until their successors have been elected and qualified. The board shall meet not less than 4 times annually and may hold additional meetings at the call of the chair or upon the request of not less than 4 members. A quorum for the conduct of official business shall be a majority of those appointed. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The members shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.
SECTION 3. Section 1E of chapter 46 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Physician” the following definition:-
“Licensed midwife,” a midwife licensed to practice by the board of registration in midwifery as provided in sections 276 to 289 of chapter 112.
SECTION 4. Section 3B of said chapter 46, as so appearing, is hereby amended by inserting after the word “physician”, in line 1, the following words:- or licensed midwife.
SECTION 5. Section 1 of chapter 94C of the general laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Isomer” the following definition:-
“Licensed midwife,” a midwife licensed to practice by the board of registration in midwifery as provided in sections 276 to 289 of chapter 112.
SECTION 6. Section 7 of said chapter 94C, as so appearing, is hereby amended by adding the following new subsection:-
(j) The commissioner shall promulgate regulations which provide for the automatic registration of licensed midwives, upon the receipt of the fee as herein provided, to issue written prescriptions in accordance with the provisions of sections 279 of chapter 112 and the regulations issued by the board of registration in midwifery under said section 279 of chapter 112, unless the registration of such licensed midwife has been suspended or revoked pursuant to the provisions of section 13 or section 14 or unless such registration is denied for cause by the commissioner pursuant to the provisions of chapter 30A. Prior to promulgating such regulations, the commissioner shall consult with the board of registration in midwifery.
SECTION 7. Section 9 of said chapter 94C, as so appearing, is hereby amended by inserting in paragraph (a), after the words “certified nurse midwife as provided in section 80C of said chapter 112” the following words:- , licensed midwife as limited by subsection (j) of said section 7 and section 279 of said chapter 112.
SECTION 8. Section 9 of said chapter 94C, as so appearing, is hereby further amended in paragraph (b), by inserting after the words “midwife” in each place that they appear, the following words:- , licensed midwife.
SECTION 9. Said section 9 of said chapter 94C, as so appearing, is hereby further amended in paragraph (b), by inserting after the words “nurse-midwifery” in each place that they appear, the following words:- , midwifery.
SECTION 10. Section 9 of said chapter 94C is further amended in paragraph (c), by inserting after the words “certified nurse midwife” in each place that they appear, the following words:- , licensed midwife.
SECTION 11. The definition of “medical peer review committee” in section 1 of chapter 111 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following sentence:- “Medical peer review committee” shall include a committee or association that is authorized by a midwifery society or association to evaluate the quality of midwifery services or the competence of midwives and suggest improvements in midwifery practices to improve patient care.
SECTION 12. Section 202 of said chapter 111, as so appearing, is hereby amended by inserting, in the second and third paragraphs, after the word “attendance”, in each instance, the following words:- or midwife in attendance.
SECTION 13. Said section 202, as so appearing, is hereby further amended by inserting, in the fourth paragraph, after the word “attendance” the following words:- or without the attendance of a midwife,.
SECTION 14. Section 204 of said chapter 111, as so appearing, is hereby amended by inserting, in lines 7, 12 and 28, after the word “medicine”, in each instance, the following word:- , midwifery.
SECTION 15. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new sections:-
Section 276. As used in sections 276 to 288, inclusive, of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Board”, the board of registration in midwifery, established under section 110 of chapter 13.
“Certified nurse-midwife”, a nurse with advanced training and who has obtained certification by the American Midwifery Certification Board.
“Certified professional midwife”, a professional independent midwifery practitioner who has obtained certification by the NARM."
“Client”, a person under the care of a licensed midwife, as described by a written statement pursuant to section 284 of this chapter.
“Licensed midwife”, a person registered by the board to practice midwifery in the commonwealth under sections 276 to 288, inclusive, of this chapter.
“MBC”, the midwifery bridge certificate issued by the NARM or its successor credential.
“MEAC”, the Midwifery Education Accreditation Council or its successor organization.
“Midwifery”, the practice of providing primary care to a client and newborn during the preconception, antepartum, intrapartum and postpartum periods.
“NARM”, the North American Registry of Midwives or its successor organization.
Section 277. Nothing in sections 276 to 288, inclusive, of this chapter shall limit or regulate the practice of a licensed physician, certified nurse-midwife, or licensed basic or advanced emergency medical technician. The practice of midwifery shall not constitute the practice of medicine, certified nurse-midwifery or emergency medical care.
Section 278. (a) The board shall:
(i) adopt rules and promulgate regulations governing licensed midwives and the practice of midwifery to promote public health, welfare and safety, consistent with the essential competencies identified by the NARM;
(ii) administer the licensing process, including, but not limited to:
(A) receiving, reviewing, approving, rejecting and issuing applications for licensure;
(B) renewing, suspending, revoking and reinstating licenses;
(C) investigating complaints against persons licensed under sections 276 to 288, inclusive, of this chapter;
(D) holding hearings and ordering the disciplinary sanction of a person who violates sections 276 to 288, inclusive, of this chapter or a regulation of the board;
(iii) establish administrative procedures for processing applications and renewals;
(iv) have the authority to adopt and provide a uniform, proctored examination for applicants to measure the qualifications necessary for licensure;
(v) develop practice standards for licensed midwives that shall include, but not be limited to:
(A) adoption of ethical standards for licensed midwives and apprentice midwives;
(B) maintenance of records of care, including client charts;
(C) participation in peer review; and
(D) development of standardized informed consent, reporting and written emergency transport plan forms;
(vi) establish and maintain records of its actions and proceedings in accordance with public records laws; and
(vii) adopt professional continuing education requirements for licensed midwives seeking renewal consistent with those maintained by the NARM.
(b) Nothing in this section shall limit the board’s authority to impose sanctions that are considered reasonable and appropriate by the board. A person subject to any disciplinary action taken by the board under this section or taken due to a violation of any other law, rule or regulation may file a petition for judicial review pursuant to section 64 of this chapter.
(c) A licensed midwife shall accept and provide care to clients only in accordance with the scope and standards of practice identified in the rules adopted pursuant to this section.
(d) Notwithstanding any other provision in this section, the board shall not issue any regulations that require a licensed midwife to practice under the supervision of or in collaboration with another healthcare provider or to enter into an agreement, written or otherwise, with another healthcare provider.
Section 279. A licensed midwife duly registered to issue written prescriptions in accordance with the provisions of subsection (j) of section 7 of chapter 94C may order, possess, purchase, and administer pharmaceutical agents consistent with the scope of midwifery practice, including without limitation antihemorrhagic agents including but not limited to oxytocin, misoprostol and methergine; intravenous fluids for stabilization; vitamin K; eye prophylaxes; oxygen; antibiotics for Group B Streptococcal antibiotic prophylaxes; Rho (D) immune globulin; local anesthetic; epinephrine; and other pharmaceutical agents identified by the board, however, that nothing in this section shall be construed to permit a licensed midwife’s use of pharmaceutical agents which are (a) controlled substances as described by Title 21 U.S.C. Section 812 or in chapter 94C, except for those listed in schedule VI; or (b) not identified by rules and regulations promulgated by the board of registration in midwifery as consistent with the scope of midwifery practice.
Section 280. A person who desires to be licensed and registered as a licensed midwife shall apply to the board in writing on an application form prescribed and furnished by the board. The applicant shall include in the application statements under oath satisfactory to the board showing that the applicant possesses the qualifications described under section 281 prior to any examination which may be required under section 278. The secretary of administration and finance, pursuant to section 3B of chapter 7, shall establish a license application fee, a license renewal fee and any other fee applicable under sections 276 to 288, inclusive, of this chapter; provided, however, that such license applicant and license renewal fees shall not exceed $200 biennially. The board, in consultation with the secretary of administration and finance, shall institute a process for applicants to apply for a financial hardship waiver, which may reduce or fully exempt an applicant from paying the fee pursuant to this section. Fees collected by the board shall be deposited into the Quality in Health Professions Trust Fund pursuant to section 35X of chapter 10 to support board operations and administration and to reimburse board members for actual and necessary expenses incurred in the performance of their official duties.
Section 281. (a) To be eligible for registration and licensure by the board as a licensed midwife, an applicant shall: (i) be of good moral character; (ii) be a graduate of a high school or its equivalent; and (iii) possess a valid certified professional midwife credential from the NARM.
(b) An applicant for a license to practice midwifery as a certified professional midwife shall submit to the board proof of successful completion of a formal midwifery education and training program as follows:
(i) a certificate of completion or equivalent from an educational program or institution accredited by the MEAC; or
(ii) an MBC, provided that an applicant: (1) is certified as a certified professional midwife within 5 years after the effective date of this section and completed a midwifery education and training program from an educational program or institution that is not accredited by the MEAC; or (2) is licensed as a professional midwife in a state that does not require completion of a midwifery education and training program from an educational program or institution that is accredited by the MEAC.
Section 282. The board may license in a like manner, without examination, any midwife who has been licensed in another state under laws which, in the opinion of the board, require qualifications and maintain standards substantially the same as those of this commonwealth for licensed midwives, provided, however, that such midwife applies and remits fees as provided for in section 279.
Section 283. (a) The board may, after a hearing pursuant to chapter 30A, revoke, suspend or cancel the license of a licensed midwife, or reprimand or censure a licensed midwife, for any of the reasons set forth in section 61.
(b) No person filing a complaint or reporting information pursuant to this section or assisting the board at its request in any manner in discharging its duties and functions shall be liable in any cause of action arising out of providing such information or assistance; provided, however, that the person making the complaint or reporting or providing such information or assistance does so in good faith and without malice.
Section 284. When accepting a client for care, a licensed midwife shall obtain the client’s informed consent, which shall be evidenced by a written statement in a form prescribed by the board and signed by both the licensed midwife and the client.
Section 285. A licensed midwife shall prepare, in a form prescribed by the board, a written plan for the appropriate delivery of emergency care. The plan shall include, but not be limited to: (i) consultation with other health care providers; (ii) emergency transfer; and (iii) access to neonatal intensive care units and obstetrical units or other patient care areas.
Section 286. A health care provider that consults with or accepts a transport, transfer or referral from a licensed midwife, or that provides care to a client of a licensed midwife or such client’s newborn, shall not be liable in a civil action for personal injury or death resulting from an act or omission by the licensed midwife, unless the professional negligence or malpractice of the health care provider was a proximate cause of the injury or death.
Section 287. (a) The board may petition any court of competent jurisdiction for an injunction against any person practicing midwifery or any branch thereof without a license granted pursuant to sections 276 to 288, inclusive, of this chapter. Proof of damage or harm sustained by any person shall not be required for issuance of such injunction. Nothing in this section shall relieve a person from criminal prosecution for practicing without a license.
(b) Nothing in this section shall prevent or restrict the practice, service or activities of:
(i) a person licensed in the commonwealth from engaging in activities within the scope of practice of the profession or occupation for which such person is licensed; provided, however, that such person does not represent to the public, directly or indirectly, that such person is licensed under sections 276 to 289, inclusive, and that such person does not use any name, title or designation indicating that such person is licensed under said sections 276 to 289, inclusive; or
(ii) a person employed as a midwife by the federal government or an agency thereof if that person provides midwifery services solely under the direction and control of the organization by which such person is employed;
(iii) a traditional birth attendant who provides midwifery services if no fee is contemplated, charged or received, and such person has cultural or religious traditions that have historically included the attendance of traditional birth attendants at birth, and the birth attendant serves only individuals and families in that distinct cultural or religious group;
(iv) persons who are members of Native American communities and provide traditional midwife services to their communities; or
(v) any person rendering aid in an emergency.
Section 288. A licensed midwife, registered by the board of registration in midwifery pursuant to sections 276 to 288, inclusive, of this chapter, who provides services to any person or beneficiary covered by Title XIX of the Social Security Act or MassHealth pursuant to section 9A of chapter 118E, may accept the Medicaid or MassHealth approved rate as payment in full for such services; provided, that a licensed midwife who accepts the Medicaid or MassHealth approved rate pursuant to this section shall be reimbursed at said rate for such services
SECTION 16. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 10A by adding the words “licensed midwife,” after the word “physician,” in line 15 and after the word “pediatrician,” in line 20, and by inserting at the end of the section the following sentence:- The division shall provide coverage for midwifery services including prenatal care, childbirth and postpartum care provided by a licensed midwife regardless of the site of services.
SECTION 17. The board established pursuant to section 110 of chapter 13 of the General Laws shall adopt rules and promulgate regulations pursuant to this act within 1 year from the effective date of this act.
SECTION 18. The board established pursuant to section 110 of chapter 13 of the General Laws shall promulgate regulations for the licensure of individuals practicing midwifery prior to the date on which the board commences issuing licenses; provided, however, that individuals practicing midwifery in the commonwealth as of the date on which the board commences issuing licenses shall have 2 years from that date to complete the requirements necessary for licensure.
SECTION 19. Nothing in this act shall preclude a person who was practicing midwifery before the effective date of this act from practicing midwifery in the commonwealth until the board establishes procedures for the licensure of midwives pursuant to this act.
SECTION 20. The department of public health shall promulgate regulations within 1 year from the effective date of this act, governing birth centers, consistent with standards set forth by the American Association of Birth Centers, including without limitation authorizing licensed professional midwives to practice in birth centers as primary birth attendants, director of birth centers, and director of clinical affairs. Licensed professional midwives practicing in licensed birth centers shall not be required to enter into any agreement for supervision or collaboration with any other healthcare provider or hospital.
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An Act preventing funds deposited in children’s savings accounts from counting against cash assistance benefits
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H221
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HD487
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-13T11:39:44.943'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-13T11:39:44.9433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H221/DocumentHistoryActions
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Bill
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By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 221) of Chynah Tyler relative to preventing funds deposited in children’s savings accounts from counting against cash assistance benefits. Children, Families and Persons with Disabilities.
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SECTION 1. Notwithstanding any general or special law or regulation to the contrary, the department of transitional assistance shall allow funds deposited by a recipient of cash assistance under transitional aid to families with dependent children in an account designated in a child’s name intended to pay for higher education such as a children’s savings account or other long-term asset-building account established for a child and annually grown over the course of his or her lifetimes to accumulate assets outside of the asset limit in said accounts. The funds deposited in said accounts shall be used to help recipients save for the costs related to higher education or any other expense that the department determines will aid a recipient. The funds deposited in said accounts shall not be included as a countable asset under 106 CMR 204.120.
SECTION 2. This act shall take effect upon its passage.
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An Act to protect youth from the health risks of sugary drinks
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H2210
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HD1812
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:16:13.043'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:16:13.0433333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-27T14:07:09.06'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-08-01T10:44:34.8966667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-04-07T11:47:05.7266667'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-07-31T16:47:44.3533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:14:47.4733333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T11:56:33.77'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:03:36.59'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-05-31T08:49:50.0633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T11:39:56.5033333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:24:50.9633333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:47:03.85'}]
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T23:16:13.043'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2210/DocumentHistoryActions
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Bill
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By Representatives Khan of Newton and Santiago of Boston, a petition (accompanied by bill, House, No. 2210) of Kay Khan, Jon Santiago and others relative to prohibiting the marketing of certain drinks with added sugar on school grounds. Public Health.
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SECTION 1. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 98 the following section:-
Section 99. (a) For the purposes of this section, the following words shall have the following meanings:
(1) “Advertising”, an oral, written or graphic statement or representation, including a company logo or trademark, made for the purpose of promoting the use or sale of a product by the producer, manufacturer, distributor, seller or any other entity with a commercial interest in the product.
(2) “Brand”, a corporate or product name, a business image or a mark, regardless of whether it may legally qualify as a trademark used by a seller or manufacturer to identify goods or services and to distinguish them from competitors’ goods.
(3) “Non-compliant beverage”, a beverage that does not meet the minimum nutrition standards for foods sold or served under school meal programs as set forth by the United States Department of Agriculture under the Healthy, Hunger-Free Kids Act of 2010 and federal regulations implementing the Act [42 U.S.C. section 1779(b)].
(4) “Non-compliant beverage brand”, a beverage brand that has a beverage product manufactured, sold or distributed under the corporate brand name, or by any of the corporate brand’s subsidiaries and affiliated corporations, that is a non-compliant beverage.
(b) Except as provided in subsection (c), the department of education shall prohibit at any school within the commonwealth:
(1) The advertising of any non-compliant beverage or of any non-compliant beverage brand. Advertising of a non-compliant beverage or non-compliant beverage brand shall be prohibited on any property or facility owned or leased by the school district or school and used at any time for school-related activities, including, but not limited to, school buildings, athletic fields, facilities, signs, scoreboards, or parking lots, or any school buses or other vehicles, equipment, vending machines, uniforms, educational material or supplies.
(2) The participation in an incentive program that rewards children with free or discounted non-compliant beverages when they reach certain academic goals.
(3) The participation in an incentive program that provides funds to schools in exchange for consumer purchases of non-compliant beverages.
(c) The restriction on advertising in subsection
(b) shall not apply to
(1) Advertising on broadcast, digital, or print media, unless the media are produced or controlled by the local education agency, school, faculty, or its students;
(2) Advertising on clothing with brand images worn on school grounds; or
(3) Advertising contained on product packaging.
(4) Advertising at infrequent events held outside of normal school hours for primary purpose of fundraising.
SECTION 2. Chapter 94 of the General Laws is hereby amended by inserting after section 329 the following section:- Section 330.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) “Chain restaurant”, a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items.
(2) “Chain menu developer”, the person that owns and licenses the brand name under which the covered establishment does business, or any other person responsible for determining the formula or recipe for items displayed on the menu of a covered establishment.
(3) “Daily Value”, the daily reference value established by the U.S. Food and Drug Administration based on the reference caloric intake of 2,000 calories per day.
(4) “Food Tag”, a written or printed description of food or beverages
(5) "Menu or menu board", the primary writing of a chain restaurant from which a customer makes an order selection, including, but not limited to, breakfast, lunch, and dinner menus; dessert menus; beverage menus; children's menus; other specialty menus; electronic menus; and menus on the internet.
(6) “Self-serve dispensing point”, the location at which a customer may access food or beverages without the assistance of a staff member, including self-serve fountain beverage machines.
(7) "Standard menu item", a food or beverage item, including multiple items priced together, that is listed on a menu or menu board. It shall not include temporary menu items appearing on the menu for less than 60 days per calendar year.
(b) The department of public health shall promulgate regulations designating an icon with accompanying text that shall be displayed adjacent to the name of any standard menu item that may exceed the daily value for added sugars.
(1) The added sugars warning icon and accompanying text identified under subsection
(b), which shall appear (a). next to or directly under each standard menu item that exceeds the daily value for added sugars and at a height no smaller than the largest letter in the name of the item. (b). prominently and conspicuously immediately adjacent to each self-serve dispensing point
(2) The following factual statement explaining the warning: "[insert icon and accompanying text]: this item may exceed the Food and Drug Administration total daily recommended limit for added sugars based on a 2,000 calorie diet."
(3) For menus allowing customization through interactivity, including interactive electronic menus, chain restaurants may instead of displaying a static added sugars warning icon and factual statement, display such icon and statement dynamically, so long as each appears clearly (d) Any chain restaurant that violates the provisions of this section for every 6 months shall be subject to a civil penalty of not more than $250 per day for each location not in compliance.
(e) The department of public health shall publish a guidance explaining the added sugars warning icon requirement and how to comply.
(f) Reporting Requirement. Once every 90 days, the chain menu developer shall report to the department the amount of added sugars in each menu item offered for sale in a covered establishment, or that no changes to the menu information have been made since the last report.
SECTION 3. Section 1 of Chapter 71 of the General Laws is hereby amended by adding the following paragraph: - The department of elementary and secondary education shall encourage school districts to implement instruction in media literacy skills from the third grade to the twelfth grade, and in any of the core subjects or other subjects, to equip students with skills for accessing, analyzing, evaluating, and creating all types of media. Instruction shall include, but not be limited to, teaching of skills for analyzing and evaluating advertising content for food, beverages, drugs and alcohol.
SECTION 4. Chapter 111 of the General Laws is hereby amended by inserting after section 243 of the following section:- Section 244.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) “Chain restaurant”, a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items.
(2) “Chain restaurant franchisee,” an individual, corporation, partnership or other entity, or group of individuals or entities, that operates one or more restaurants in the commonwealth under a franchise agreement with another individual, corporation, partnership or other entity, or group of individuals or entities.
(3) “Children’s meal” means a combination of food item or items and a beverage, sold together at a single price, primarily intended for consumption by children.
(b) A chain restaurant may not sell a children’s meal unless the children’s meal meets the following nutrition standards.
(1) The children’s meal must contain no more than:
(a) 600 calories;
(b) 770 milligrams of sodium;
(c) 35 percent of calories from total sugars;
(d) 35 percent of calories from fat;
(e) 10 percent of calories from saturated fat; and
(f) 0.5 grams of trans fat.
(2) The children’s meal must include at least two of the following options:
(a) 0.5 cup (or equivalent unit of measurement) of fruit;
(b) 0.5 cup (or equivalent unit of measurement) of non-fried vegetable;
(c) A whole grain product that contains at least 50 percent whole grain ingredients or lists whole grains as the first ingredient;
(d) A lean protein food, consisting of at least two ounces of meat or meat alternative, one ounce of nuts, seeds, dry beans, or peas, or one egg.
(e) 0.5 cup of nonfat or 1 percent milk or low-fat yogurt, or 1 ounce of reduced fat cheese. Plant-based nondairy alternatives are allowed, but they must be calcium and Vitamin D fortified.
For purposes of this subsection, all juices, including 100 percent fruit or vegetable juice, condiments, and spreads shall not be considered fruits or vegetables and shall not be used as a fruit or vegetable substitute.
(3) If the children’s meal includes a beverage, that beverage must be:
(a) Water with no added natural or artificial sweeteners, of flavors;
(b) Unflavored nonfat or 1 percent milk with no added natural or artificial sweeteners;
(c) Unflavored non-dairy milk alternative that is nutritionally similar to cow’s milk; or
(d) 100 percent fruit or vegetable juice or diluted juices, with no added sweeteners, in a serving size of no more than 6 ounces.
(e) The department of public health and local boards of health acting under the supervision of the department of public health shall implement, administer, and enforce this statue. The department of public health is hereby authorized to issue all rules and regulations consistent with this statue and shall have all necessary powers to carry out the purpose of this statue.
(f) Within 30 days of the effective date of this statue, or any amendments thereto, the department of public health shall send a copy of the statue or any such amendment and the written information resources created in accordance with subsection (g) below to all chain restaurants.
(g) Within 9 months of the effective date of this statute, the department of public health shall develop an annual report form and shall send a copy of such form to all chain restaurants. Within 30 days of any amendment to the annual report form, the department of health shall send a copy of such form to all chain restaurants.
(h) The department of public health shall create a written informational resource in English and Spanish summarizing the requirements of this statue.
(i) All chain restaurants shall report annually to the department of public health whether they offer children’s meals and if so, that they understand their obligations under this section. Such reporting must be done on a form prescribed by the department and must be signed by a responsible agent or officer of the chain restaurant in order to confirm that the information provided on the form is accurate and complete. Failure to comply with this subsection shall constitute a violation of this section.
(j) Restaurant that violates the provisions of this section for every 6 months shall be subject to a civil penalty of not more than $250 per day for each location not in compliance.
SECTION 5. (a) Section 330 of chapter 94 of the General Laws shall take effect 2 years after the enactment of this act.
(a) (b) The department of public health shall promulgate regulations designating an icon with accompanying text that shall be displayed next to or directly under the name of any standard menu item that exceeds the daily value for added sugars or immediately adjacent to each self-serve dispensing point and shall publish its initial guidance on compliance with the added sugars warning icon requirement of said section 330 no later than 1 year after the enactment of this act.
(c) No later than 4 years after the enactment of this act, the department of public health shall issue a report reviewing evidence of the law's impact on menu item reformulation and consumer behavior and recommending additional nutrients that should be considered for menu warning icons. The report shall be provided to the joint committee on public health and shall be posted on the public internet site of the department.
(d) Severability. If any provision of this act, or any application of any provision of this act, is held to be invalid, or to violate or be inconsistent with any federal law or regulation, that shall not affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this act, which can be given effect without that provision or application; and to that end, the provisions and applications of this act are severable.
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An Act to update postural screenings in schools
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H2211
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HD999
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-11T10:37:52.867'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-11T10:37:52.8666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-05-31T11:32:40.05'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-10T08:07:33.9766667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-24T13:22:41.23'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-27T17:49:10.12'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T12:55:16.3966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-29T12:47:32.5933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-10T08:47:39.41'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-06-01T12:40:58.0733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:43:41.7466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:03:52.2933333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-05-30T14:00:35.5333333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-28T12:20:48.3533333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:33:31.63'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:13:56.28'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2211/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2211) of Kay Khan and others for legislation to update postural screenings in schools. Public Health.
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SECTION 1. Section 57 of Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, by striking out, in line 21, the words “annually in grades five through nine” and inserting in place thereof the following words :- “in grades 6, 7, 8, or 9.”
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An Act creating a nursing advisory board
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H2212
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HD1017
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-16T18:13:19.187'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-16T18:13:19.1866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2212/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2212) of Kay Khan for legislation to establish a nursing advisory board within the Executive Office of Health and Human Services. Public Health.
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SECTION 1. The General Court hereby finds that there exists a nursing shortage in the Commonwealth and that the shortage of qualified nurses will increase in the near future. The General Court further finds that the Commonwealth shall provide a forum for long-range planning and policy development among nursing leaders. This forum will exist to ensure that the Commonwealth meets the nursing and healthcare needs of its citizens.
SECTION 2. Chapter 6A of the General Laws as so appearing in the 2020 Official Edition is hereby amended by inserting after section 6A:16CC the following section:—
Section 6A:16DD. A nursing advisory board is hereby established within, but not subject to the control of, the executive office of health and human services. The advisory board shall consist of 8 members who shall have a demonstrated background in nursing or health services research and who shall represent the continuum of health care settings and services, including, but not limited to, long-term institutional care, acute care, community-based care, public health, school care, advanced practice, psychiatric nursing, and higher education in nursing. The members shall be appointed by the governor from a list of 10 individuals recommended by the board of registration in nursing and a list of 10 persons recommended by the Massachusetts Center for Nursing, Inc. The advisory board shall elect a chair from among its members and adopt bylaws for its proceedings. Members shall be appointed for staggered terms of 3 years, except for persons appointed to fill vacancies who shall serve for the balance of the unexpired term. No member shall serve more than 2 consecutive full terms.
The advisory board shall:—
(a) advise the governor and the general court on matters related to the practice of nursing, including the shortage of nurses across the commonwealth in all settings and services, including advanced practice nursing, long-term institutional care, acute care, community-based care, public health, school care, and higher education in nursing;
(b) subject to appropriation, develop a research agenda, apply for federal and private research grants, and commission and fund research projects to fulfill the agenda;
(c) recommend policy initiatives to the governor and the general court;
(d) prepare an annual report and disseminate the report to the governor, the general court, the secretary of health and human services, the director of labor and workforce development and the commissioner of public health; and
(e) consider the use of current government resources, including, but not limited to the workforce training fund.
Any funds granted to the advisory board shall be deposited with the state treasurer and may be expended by the advisory board in accordance with the conditions of the grants, without specific appropriation. The advisory board may expend for services and other expenses any amounts that the general court may appropriate therefore. Said advisory board shall conduct at least 1 public hearing during each year.
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An Act relative to acute hospital governance
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H2213
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HD1018
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T09:07:41.973'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T09:07:41.9733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:23:03.0333333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-09-22T11:47:23.5766667'}]
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2213) of Kay Khan relative to acute hospital governance. Public Health.
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SECTION 1. Section 51 of Chapter 111 is hereby amended by adding at the end thereof the following new paragraph:-
All acute-care hospitals as defined in section twenty-five B, shall have a registered nurse holding a current unencumbered license from the board of registration in nursing as a sitting and voting member of the governing entity responsible for developing the organization’s strategic plan, structure, systems, policies and programs.
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An Act establishing a commission on quality patient outcomes and professional nursing practice
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H2214
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HD1805
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T22:48:25.527'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T22:48:25.5266667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-09-22T11:47:49.9833333'}]
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2214) of Kay Khan relative to establishing a special commission (including members of the General Court) on quality patient outcomes and professional nursing practice. Public Health.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section: –
Section 221. (a) There shall be a commission on nurse staffing in hospitals located within, but not subject to the control of the executive office of health and human services. The commission shall review and make recommendations regarding best nurse staffing practices designed to improve the patient care environment, quality outcomes and nurse satisfaction.
(b) (1) The commission shall consist of 17 members, as follows: the secretary of health and human services or a designee, who shall serve as the chair; the attorney general or a designee; the executive director of the health policy commission or a designee; the house chair of the joint committee on health care finance; the senate chair of the joint committee on health care finance; one person appointed by the speaker of the house; one person appointed by the senate president; and one representative from each of the following 10 organizations: American Nurses Association Massachusetts, Inc.; Emergency Nurses Association of Massachusetts State Council; Academy of Medical Surgical Nursing, Massachusetts Chapter; Massachusetts Nurses Association; Organization of Nurse Leaders; the Massachusetts Health and Hospital Association, Inc.; Service Employees International Union; Massachusetts Health Council; American Association of Retired Persons; and Health Law Advocates.
(2) Members of the commission shall serve for a term of 4 years, without compensation. Any member shall be eligible for reappointment. Vacancies shall be filled in accordance with paragraph (1) for the remainder of the unexpired term. Any member who is appointed by the governor may be removed by the governor for cause.
(c) The commission may establish advisory committees to assist its work.
(d) The commission shall:
(1) examine evidence based, tested and validated research on patient care quality outcomes relative to nurse staffing levels;
(2) examine evidence based, tested and validated research on appropriate staffing levels for all units within a hospital;
(3) examine nursing standards of care and recommended nurse staffing levels established by specialty nursing organizations;
(4) examine approaches undertaken by other states by statute or regulation to address the issues of patient safety and patient quality outcomes relative to nurse staffing;
(5) examine any barriers to reasonable and efficient enforcement of staffing standards adopted in other jurisdictions;
(6) develop strategies for collaborative practice amongst registered nurses and other members of the health care team;
(7) comment on nurse staffing in non-hospital settings;
(8) hold public hearings on at least an annual basis and meetings to accept comment from the general public and to seek advice from experts, including but not limited to the Massachusetts Board of Registration in Nursing;
(9) submit an annual report to the legislature as provided in subsection (e) on the state of hospital staffing in the commonwealth.
(e) The commission shall file an annual report, on or before March 1, with the joint committee on health care financing on its activities and any statutory or regulatory recommendations.
The commission shall monitor the implementation of its recommendations and update recommendations to reflect current science and evidence-based practice.
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An Act protecting children from harmful diet pills and muscle-building supplements
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H2215
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HD1810
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:09:33.263'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:09:33.2633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-02T16:56:03.9366667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-09T19:42:45.6533333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:47:53.99'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:59:16.26'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T10:58:32.1833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:03:44.1833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:34:00.1733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:19:06.4133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-05-31T16:40:49.07'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-02T11:33:46.22'}]
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2215) of Kay Khan and others relative to protecting children from harmful diet pills and muscle-building supplements. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 243. Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building
(a) Definitions: For purposes of this section the following terms shall have the following meanings:
(1) “Dietary supplement for weight loss or muscle building” means a dietary supplement as defined in 21 U.S.C. 321(ff) that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or building muscle.
(2) “Over-the-counter diet pill” means a drug as defined in 21 U.S.C. 321(g)(1) labeled marketed, or otherwise represented for the purpose of achieving weight loss for which a prescription is not required under the federal Food, Drug and Cosmetic Act.
(3) “Retail establishment” means any vendor that, in the regular course of business, sells dietary supplements for weight loss or muscle building or over-the-counter diet pills at retail directly to the public, including, but not limited to, pharmacies, grocery stores, other retail stores, and vendors that accept orders placed by mail, telephone, electronic mail, internet website, online catalog, or software application.
(4) “Delivery sale ” means any sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to a consumer if—
(i) The consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or
(ii) The over-the-counter diet pills or dietary supplements for weight loss or muscle building are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the over-the-counter diet pills or dietary supplements for weight loss or muscle building.
(5) “Delivery Seller ” means a person, including online retailers, who makes delivery sales of over-the-counter diet pills or dietary supplements for weight loss or muscle building.
(b) Prohibitions: No person shall sell or offer to sell or give away, as either a retail or whole-sale promotion, an over-the-counter diet pill or dietary supplement for weight loss or muscle building to any person under eighteen years of age.
(c) Responsibilities of retail establishments:
(1) Any retail establishment that sells over-the-counter diet pills or dietary supplements for weight loss or muscle building shall limit access to such products in a manner designed to prevent unauthorized access to such products. Such products shall not be directly accessible by customers, and may be accessed only by employees of the establishment at such location such as behind retail counter or in a locked case.
(2) For purposes of paragraph (1), and subject to paragraph (d), a retail establishment shall request valid identification from any person who attempts to purchase a dietary supplement for weight loss or over-the-counter diet pill if the retail establishment cannot reasonably determine that the person appears to be under 18 years of age.
(d) Responsibilities of delivery sellers :
(1) Notwithstanding paragraph (c)(2), a delivery seller, including online retailers, who mails or ships over-the-counter diet pills or dietary supplements for weight loss or muscle building to consumers:
(i) Shall not sell, deliver, or cause to be delivered any over-the-counter diet pills or dietary supplements for weight loss or muscle building to a person under eighteen years of age.
(ii) Shall use a method of mailing or shipping that requires—
(A) The purchaser placing the delivery sale order, or an adult who is at least 18 years of age to sign to accept delivery of the shipping container at the delivery address; and
(B) The person who signs to accept delivery of the shipping container to provide proof, in the form of a valid, government-issued identification bearing a photograph of the individual, that the person is at least eighteen years of age and
(iii) Shall not accept a delivery sale order from a person without—
(A) Obtaining the full name, birth date, and residential address of that person; and
(B) Verifying the information provided in subclause (A), through the use of a commercially available database or aggregate of databases, consisting primarily of data from government sources, that are regularly used by government and businesses for the purpose of age and identity verification and authentication, to ensure that the purchaser is at least eighteen years of age.
(2) Limitation: No database being used for age and identity verification under subparagraph (d)(iii) shall be in the possession or under the control of the delivery seller, or be subject to any changes or supplementation by the delivery seller.
(e) Remedies:
(1) Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the Commonwealth of Massachusetts, to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.
(2) Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars ($1,000).
(f) When determining whether supplement is “labeled marketed, or otherwise represented for the purpose of achieving weight loss or muscle building” the Attorney General shall consider, but is not limited to, the following factors:
(1) Whether the product contains:
(i) An ingredient approved by the federal Food and Drug Administration for weight loss or muscle building;
(ii) A steroid; or
(iii) Creatine, green tea extract, raspberry ketone, garcinia cambogia, green coffee bean extract; or
(2) Whether the product’s labeling or marketing bears statements or images that express or imply that the product will help:
(i) Modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized, and
(ii) Maintain or increase muscle or strength; and
(3) Whether the product or its ingredients are otherwise represented for the purpose of achieving weight loss or building muscle.
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An Act relative to dental hygienists
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H2216
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HD1814
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:29:12.983'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:29:12.9833333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-15T10:22:31.3966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-20T14:08:15.72'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:03:21.4'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-27T15:02:39.7233333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-03-15T14:19:22.2333333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:08:16.1866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2216/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2216) of Kay Khan and others relative to the services provided by dental hygienists. Public Health.
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SECTION 1. Chapter 112, Section 51 of the General Laws is hereby amended in the second paragraph by inserting after "local anesthesia agents," the following words:- "and nitrous oxide inhalation analgesia."
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An Act relative to limited service clinics
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H2217
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HD1815
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:38:12.407'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:38:12.4066667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-05-30T15:25:01.7'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:30:41.3966667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:03:13.87'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:35:20.98'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-06T11:40:41.3433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:19:51.52'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-25T10:57:02.2633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2217/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2217) of Kay Khan and others relative to limited service clinics. Public Health.
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Section 51J of Chapter 111 is hereby amended by inserting after the word “practitioner” the following words: - or physician assistant
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An Act relative to newborn screenings for congenital cytomegalovirus
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H2218
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HD3273
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:36:10.737'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T23:36:10.7366667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-09T19:43:26.8666667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-14T14:33:35.2733333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-16T09:55:53.66'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-02-24T10:59:41.16'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-14T14:52:05.5533333'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-03-10T13:06:48.5466667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T11:59:30.39'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-29T12:45:52.78'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-10T08:49:23.0033333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-15T11:52:41.3233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-13T14:57:50.2233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-06T15:46:52.04'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-05-30T15:38:00.39'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:34:18.97'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-03-13T17:09:17.0266667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-03-06T15:52:08.15'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:03:05.04'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:36:36.9766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-01T16:05:56.66'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-05-30T20:50:01.0666667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-22T11:46:26.33'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-05-31T08:50:21.5'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T10:56:47.8833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:48:22.1433333'}]
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2218) of Kay Khan and others relative to newborn screenings for congenital cytomegalovirus. Public Health.
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Chapter 111 of the General Laws is hereby amended by inserting after section 110C the following sections:-
Section 110D: Required Newborn Screening for Congenital Cytomegalovirus
For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Birthing facility”, an inpatient or ambulatory health care facility licensed by the department of public health that provides birthing and newborn care services.
“Congenital Cytomegalovirus (hereinafter referred to as cCMV) screening”, the identification of a newborn who may have congenital CMV infection or has cCMV confirmed through the use of a saliva or urine test.
“Department”, the department of public health.
“Newborn,” any liveborn infant who has not yet attained the age of 21 days from a birth occurring in the commonwealth or from a birth prior to transfer to a hospital in the commonwealth.
The department, in consultation with the perinatal advisory committee, shall develop regulations for all hospitals and birthing facilities requiring cCMV screening within one year of the passage of this legislation. These regulations shall consider evidence-based guidance.
The cCMV screening shall be performed using a saliva PCR test unless one is unavailable in which case a urine PCR test may be used. If positive, a saliva PCR test would require a confirmatory urine PCR test. The department may approve another test to conduct cCMV screening; provided, however, that the test shall be, at the discretion of the department, at least as accurate, widely available and cost-effective as a saliva or urine PCR test. A screening shall be performed within 21 days from the date of birth and before the newborn infant is discharged from the birthing facility to the care of the parent or guardian; provided, however, that the screening shall not be performed if the parent or guardian of the newborn infant objects to the screening based upon a sincerely held religious belief of the parent or guardian. The cCMV educational materials outlined in section 70I(b) shall be provided to the parent or guardian of the infant at the time of cCMV screening.
A hospital that provides birthing and newborn services or a birthing facility shall adopt protocols for cCMV screening using a saliva or urine PCR test or another test approved by the department under this section for all newborns prior to discharge, and not to exceed 21 days from the date of birth, based on the department’s regulations, on or before January 1, 2025.
The cost of providing the newborn cCMV screening shall be a covered benefit reimbursable by all health insurers, except for supplemental policies that only provide coverage for specific diseases, hospital indemnity, Medicare supplement or other supplemental policies. In the absence of a third-party payer, the charges for the newborn cCMV screening shall be paid by the Commonwealth.
A hospital or birthing facility shall report annually to the department data including, but not limited to, the number of cCMV tests administered and the outcomes of said tests. The hospital or birthing facility shall inform, orally and in writing, a parent or guardian of the newborn infant the result of the cCMV screening test regardless of its outcome. This information shall also be provided in writing to the newborn infant's primary care physician and to the department through its electronic birth certificate system or such mechanism as specified by the department.
The department shall review the protocols required under this section and the implementation of these protocols as part of its birthing facility licensure review processes.
The department shall promulgate regulations to implement the cCMV screening program.
Nothing in this statute shall preclude newborns born at home from obtaining said cCMV screening.
Section 110E: Advisory Committee for CMV Screening Program
There is hereby established an advisory committee for the purpose of implementing the provisions of Section 110D. The advisory committee shall consist of the following members to be appointed by the commissioner of the department: a representative of the hospital industry; a primary care pediatrician or family practitioner; an otolaryngologist; a neonatologist; an infectious disease specialist; a clinician representing newborn nurseries; an audiologist; an ophthalmologist; an obstetrician-gynecologist; a representative of the commonwealth's early intervention program; 2 parents and/or guardians of a child impacted by cCMV; 2 medical professionals; a developer of preventative and/or therapeutic interventions for cCMV; a teacher of the deaf; and a representative of the department.
The advisory committee shall advise the department regarding the validity and cost of proposed cCMV regulations and/or cCMV screening, and shall recommend standards for performing and interpreting screening tests based on the most current technological methods, for documenting test results and follow-up, and for facilitating interaction between professionals and agencies that participate in follow-up care. Members of the advisory committee shall serve without compensation. The advisory committee shall be provided support services by the department.
Chapter 111 of the General Laws is hereby further amended by inserting after Section 70H the following section:-
Section 70I: Congenital cytomegalovirus; public information program; annual report
(a) The commissioner of the department shall establish, promote, and maintain a public information program regarding congenital cytomegalovirus, hereinafter referred to as cCMV. Such program shall be conducted throughout the commonwealth, and under said program, a hospital or birthing facility as defined in section 70E or any healthcare provider, physician assistant, nurse or midwife who renders prenatal or postnatal care shall give expectant or new parents or guardians information provided by the department under subsection (b). Such information shall be made available at the first prenatal appointment or at a preconception visit if applicable, whichever is earliest.
(b) The department shall make available to any healthcare provider, physician assistant, nurse or midwife who renders prenatal or postnatal care or offers fertility counseling or care to a parent or guardian the following: (i) up-to-date evidence-based, written information about cCMV and universal cCMV screening that has been vetted by an appropriate group of medical experts as determined by the department in conjunction with the advisory committee as established in section 110E of said Chapter 111; provided, however, that the written information provided shall include preventative measures that can be taken throughout pregnancy, and (ii) contact or other referral information for additional educational and support resources. The department may also make such information available to any other person who seeks information about cCMV infections.
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An Act relative to certified medical assistant administration of immunization
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H2219
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HD1433
| 193
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-18T13:48:30.033'}
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[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-18T13:48:30.0333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-25T15:12:58.2433333'}]
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Bill
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By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 2219) of Kathleen R. LaNatra and Christopher Hendricks relative to certified medical assistant administration of immunization. Public Health.
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SECTION 1. Section 265 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out paragraphs (a) and (b) and inserting in place thereof the following two sections: -
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Certified medical assistant", an individual who: (i) has graduated from a post-secondary medical assisting education program accredited by the committee on allied health education and accreditation of the American Medical Association or its successor, the Accrediting Bureau of Health Education Schools or its successor or another certificate program that the commissioner of public health may approve; (ii) is employed in a health care facility as defined in section 9C; and (iii) performs basic administrative, clerical, and clinical duties upon the specific authorization and under the direct supervision of a practitioner as defined in section 1 of chapter 94C.
"Direct supervision", oversight of a certified medical assistant exercised by a practitioner, as defined in section 1 of chapter 94C, who is present in the facility and immediately available to furnish assistance and direction throughout the course of the performance of a delegated procedure; provided, however, that the practitioner shall not be required to be present in the room when the procedure is performed.
(b) Notwithstanding any general or special law to the contrary, a practitioner acting within the practitioner’s designated scope of practice may delegate the administration of an immunization of a patient to a certified medical assistant.
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An Act establishing a special commission to study women and homelessness
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H222
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HD699
| 193
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T10:43:24.083'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T10:43:24.0833333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T12:27:46.7166667'}]
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Bill
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By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 222) of Chynah Tyler and Michelle M. DuBois for legislation to establish a special commission to study women and homelessness. Children, Families and Persons with Disabilities.
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SECTION 1. There shall be a special commission, as established by section 2A of chapter 4 of the General Laws, to conduct an investigation and study regarding homelessness among women in the commonwealth.
The special commission shall consist of: two members of the house of representatives, one of whom shall be appointed by the speaker of the house of representatives who shall serve as co-chair, and one of whom shall be appointed by the minority leader of the house of representatives; two members of the senate, one of whom shall be appointed by the president of the senate who shall serve as co-chair, and one of whom shall be appointed by the minority leader of the senate; the governor or designee; the secretary of health and human services or designee; the commissioner of public health or designee; and the secretary of housing and economic development or designee. The first meeting of the commission shall take place not later than February 28, 2022.
The co-chairs of the special commission shall appoint six representatives, including but not limited to: a representative of Health Care Without Walls; a representative of homeless shelters and agencies; a representative of housing advocacy organizations and agencies; a representative of a service provider with expertise in health care disparities, women’s health, and trauma-informed care; an academic researcher with expertise in women’s homelessness; and an individual who has experienced homelessness.
The special commission shall conduct a community needs assessment regarding homelessness among persons who identify as women; and make recommendations regarding homelessness prevention, improving shelters for women and families, increasing permanent housing opportunities, collection and reporting of data regarding women experiencing homelessness and ensuring that homeless women have access to a full range of health care and social services.
The special commission shall submit its findings and recommendations to the clerks of the senate and the house of representatives, the chair of the house committee on ways and means, the chair of the senate committee on ways and means, the chairs of the joint committee on housing and the chairs of the joint committee on mental health, substance abuse not later than July 31, 2023.
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An Act to develop a coordinated stroke care system
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H2220
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HD1454
| 193
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{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:58:03.757'}
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[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:58:03.7566667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:51:59.34'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-31T14:51:59.34'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:32:57.1133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:32:57.1133333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-07T13:17:24.41'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-16T10:33:59.3133333'}]
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Bill
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By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 2220) of John J. Lawn, Jr., and others relative to the Department of Public Health establishing a statewide coordinated stroke care system. Public Health.
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SECTION 1. Chapter 111C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following new section:-
Section 11A. (a) The department shall develop a statewide coordinated stroke care system. At a minimum, the department, by regulation and guidance, shall provide for (1) training in the FAST-ED stroke scale for EMS personnel; (2) in consultation with the Office of Emergency Medical Services and the EMS system advisory board established in section 13 of chapter 111C, regular reviews of data collected in the Primary Stroke Service Stroke Patient Management Tool and the Massachusetts Ambulance Trip Record Information System and recommended changes to collected data in alignment with best-practices and to strengthen patient access to stroke care; (3) annual validations of Primary Stroke Service hospitals and offer follow-up with said hospitals to ensure quality care; (4) an ongoing public education campaign to improve awareness of stroke symptoms.
(b) The department shall develop recommendations to augment data collected by the Primary Stroke Services Stroke patient Management Tool data to include, but not be limited to, discharge time upon a patient’s transfer from an emergency department to a tertiary hospital, capturing advance notification made by EMS of a patient’s stroke screening prior to said patient’s arrival at a hospital and the time elapsed between a patient’s arrival at a hospital and receipt of stroke treatment.
(c) The department shall develop recommendations for Primary Stroke Services designated hospitals to improve documentation of a stroke patient’s last known well time, symptom onset time, brain imaging date and time and date and time of alteplase initiation.
(d) Upon provision of relevant regulations and guidance pursuant to subsection (a) and the development of recommendations pursuant to subsections (b) and (c), the department may amend its point of entry plan to enable direct transport to an endovascular thrombectomy capable facility under conditions including, but not limited to, travel time as aligned with evidence-based and best practices, last known well documentation and the FAST-ED screening tool score.
(e) The department shall provide for EMS personnel user-friendly access to all statewide collected stroke metrics.
(f) The department shall provide hospital specific stroke data reports to all Primary Stroke Service designated hospitals.
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An Act improving health care for patients with intellectual and developmental disabilities including autism
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H2221
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HD1490
| 193
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{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:23:51.147'}
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[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:23:51.1466667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-24T16:39:36.3866667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-31T14:55:18.86'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-31T14:55:18.86'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:55:18.86'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:26:08.5233333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-02T14:26:08.5233333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-02T14:26:08.5233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:26:08.5233333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-07T13:15:31.22'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-07T13:15:31.22'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T13:15:31.22'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-07T13:15:31.22'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T13:15:31.22'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-08T11:14:35.31'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T11:14:35.31'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T11:14:35.31'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-09T13:53:48.4433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-13T09:55:24.7966667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-13T09:55:24.7966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:55:24.7966667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:37:49.7966667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T15:45:47.5066667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-23T14:32:38.1366667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-23T14:32:38.1366667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T14:32:38.1366667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-23T14:32:38.1366667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-06T12:07:37.35'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-04T12:29:33.8'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-04-25T10:38:42.7333333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-11T13:45:35.58'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-07-11T13:45:35.58'}]
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Bill
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By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 2221) of John J. Lawn, Jr., and others that the Department of Public Health establish a voluntary certification training program for care of certain patients with intellectual and developmental disabilities including autism. Public Health.
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SECTION 1. Chapter 17 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-
Section 21.
(a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Certified training program”, a voluntary training and accreditation program, accredited by the department pursuant to this section, for medical professionals focusing on instruction of best practices for the treatment and care of patients with intellectual and developmental disabilities, including autism spectrum disorders.
“Department”, the department of public health,
“Director”, the director of the department of family health and nutrition, within the department.
“Operation House Call”, an existing program, developed by The Arc of Massachusetts, which teaches young medical professionals essential skills to enhance the health care of persons with autism and other intellectual and developmental disabilities that shall serve as the baseline training model.
“School”, any institution of higher education providing a course of study for students in medicine or related fields.
(b) In conjunction with the department of developmental services, and the Arc of Massachusetts, the department shall establish and provide for the administration of a voluntary certified training program for:
(i) medical schools seeking certification under subsection (d);
(ii) nursing schools seeking certification under subsection (d);
(iii) dental schools seeking certification under subsection (d);
(iv) other institutions of higher education with a course of study for medical practitioners, including but not limited to physicians assistants, dieticians, nutritionists, physical therapists, dental hygienists, allied mental health and human service professionals seeking certification under subsection (d).
(c) The certified program established pursuant to this section shall:
(i) be structured based upon Operation House Call;
(ii) be offered to participating students on a voluntary basis that is separate from their required course of study;
(iii) maintain recognized standards and practices that:
(A) uphold industry standards for instructing healthcare professionals on best practices for the treatment and care for patients with intellectual and developmental disabilities, including but not limited to autism spectrum disorders;
(B) include didactic classroom instruction, experiential learning and online learning, totaling not less than 6 hours;
(C) address the health care needs of patients with intersecting marginalized identities, including those belonging to minority race or ethnic groups, through training content and recruitment of diverse program participants.
(d) The department shall certify that a school offers a certified training program, as described in subsection (c), upon receipt and review that:
(i) the school has successfully delivered the certified training program to a sufficient number of participating students as mutually agreed upon by the institution and the provider of the training; and
(ii) that the program meets the minimum standards and practices, as provided in subsection (c).
(e) The director shall periodically evaluate the quality of training being provided to schools seeking certification and the integrity and efficacy of the accreditation program.
(f) The department shall prepare, publish and disseminate a list of schools certified pursuant to this section; provided, however, that the list shall be updated annually. The list shall be published in a location that is accessible to prospective students seeking to apply to attend schools in the medical field or related fields.
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An Act establishing a special commission to study the youth sports industry and other related matters
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H2222
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HD1508
| 193
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{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:36:40.793'}
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[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:36:40.7933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:16:15.9266667'}]
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Bill
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By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 2222) of John J. Lawn, Jr., and Vanna Howard for legislation to establish a special commission on the best practices of youth sports organizations. Public Health.
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(a) Notwithstanding any general or special law to the contrary, there shall be a special commission established to study the growing youth sports industry in the Commonwealth of Massachusetts.
(b) The commission shall consist of 9 members, as follows: one person appointed by the president of the senate; one person appointed by the speaker of the house of representatives; one person appointed by the governor; one representative from the Massachusetts Interscholastic Athletic Association; one representative from the National Collegiate Athletic Association; one representative from the National Council of Youth Sports; and three industry representatives who operate youth sports organizations or venues in the commonwealth and who shall be selected by the other 6 members of the commission. The appointees of the president of the senate and speaker of the house of representatives shall serve as co-chairs of the commission.
(c) The commission shall investigate and make recommendations about: (i) best practices of youth sports organizations; (ii) the potential need for stronger oversight and accountability in the youth sports industry; (iii) the financial strains that youth sports organizations have faced because of the COVID-19 pandemic; (iv) ways to ensure that children and families actually benefit from private youth sports programs; and (v) the financial cost of participating in private youth sports programs.
(d) Not later than 1 year after the effective date of this act, the commission shall file a report of its findings and recommendations to the Governor and the Clerks of the House of Representatives and Senate.
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An Act relative to the Massachusetts lead law and promoting equal access to lead-free housing
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H2223
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HD1244
| 193
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-18T12:04:50.957'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-18T12:04:50.9566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-18T12:04:51.33'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:03:02.77'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-25T11:08:12.57'}]
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{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-18T12:04:50.957'}
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Bill
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By Representatives LeBoeuf of Worcester and Howard of Lowell, a petition (accompanied by bill, House, No. 2223) of David Henry Argosky LeBoeuf, Vanna Howard and others relative to the lead law and promoting equal access to lead-free housing. Public Health.
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SECTION 1. Section 190 of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking in the third paragraph the word “fourteen” and inserted instead the word, “twenty” and by further amending said paragraph by striking the word “two” and inserting instead the word, “four,” and by further amending said paragraph by striking out after the words “representative of the Massachusetts Association of Realtors;” the word, “and” and by further amending said paragraph by inserting after the words, “casualty insurance industry”, the following, “at least two of said members shall be active in the field of fair housing; and at least two of said members shall be active in the field of environmental justice.”
SECTION 2. Section 193 of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended in the first paragraph by striking after the words “cognitive development is delayed” the words, “or retarded.”
SECTION 3. Section 194 of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended in the fourth paragraph by inserting at the end thereof the following, “including any local board of health or code enforcement agency.”
SECTION 4. Said Section 194 of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby further amended in the fifth paragraph by adding after the first sentence the following, “The owner of such building shall abate or contain paint, plaster or other accessible structural materials containing dangerous levels of lead in accordance with the requirements of subsection (b) or (c) of section one hundred and ninety-seven.” and by further striking the following sentence, “Except as otherwise provided, abatement or containment of lead shall not be required unless the premises has been occupied by a poisoned child within the past twelve months or is occupied by a child under six years of age.”
SECTION 5. Section 197 of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding after the first sentence the following sentence, “This subsection shall remain in effect during the implementation of the transition schedule established as follows:” and by striking the following, “Except as provided in section one hundred and ninety-seven D, whenever any such premises containing said dangerous levels of lead undergoes a change of ownership and as a result a child under six years of age will become or will continue to be a resident therein, the new owner shall have ninety days to contain or abate said paint, plaster or other accessible structural material as required by this section, so as to make the premises in compliance with the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive.”
Said Section 197 is further amended by inserting after the first paragraph the following two paragraphs:
(1) Effective July 1, 2022, the owner of any rental premises that is rented or leased in a designated High Risk Community, shall abate or contain lead paint, plaster, or other accessible structural material that contains dangerous levels of lead, in accordance with the requirements of (b) or (c), prior to renting or leasing said premises, without regard to the occupancy of a child under six years of age. For the purposes of this section, a high risk community shall be defined any community with a 5-year incidence rate of confirmed ≥ 5 µg/dL cases that is above the state 5-year incidence rate of confirmed ≥ 5 µg/dL cases after adjusting for low to moderate income and housing stock built prior to nineteen hundred and seventy-eight.
(2) Effective July 1, 2026, the owner of any rental premises that is rented or leased shall abate or contain lead paint, plaster, or other structural material that contains dangerous levels of lead, in accordance with the requirements of (b) or (c), prior to renting or leasing said premises, without regard to the occupancy of a child under six years of age.
SECTION 6. Section 197D of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended in the second paragraph by striking the words, “premises” and “in which a child under the age of six resides,” and inserting instead the words “rental property.”
SECTION 7. Section 197D of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby further amended in the third paragraph by striking the sentence, “provided, however, that the mortgagor shall not be liable for such contribution if the mortgagor establishes that no child under six years of age resided in the residential premises while the premises were owned by the mortgagor.”
SECTION 8. Section 198 of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the second paragraph the word “party” and inserting instead the word, “person.”
SECTION 9. Section 199B of Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the following two paragraphs:
“The provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine A, inclusive, shall not apply to any dwelling unit having fewer than two hundred and fifty square feet of floor space calculated on the basis of total habitable room area or which is used as a rooming house; provided, that no person occupying said dwelling unit may be less than six years of age.”
“For the purpose of this section, “rooming house” shall mean every dwelling or part thereof which contains one or more rooming units in which space is let or sublet for compensation by the owner or operator to four or more persons not within the second degree of kindred to the person compensated. Boarding houses, hotels, inns, lodging houses, dormitories and other similar dwelling places shall be included, and “rooming units” shall mean the room or group of rooms let to an individual or household for use as living and sleeping quarters.”
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An Act improving healthcare delivery for underserved residents of the Commonwealth
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H2224
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HD3112
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T18:11:54.387'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T18:11:54.3866667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-25T12:42:28.4633333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T12:42:28.4633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T14:36:03.6466667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T14:53:04.1833333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T19:05:20.98'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T19:05:20.98'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T15:11:44.37'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:11:44.37'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-28T09:07:30.7'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-01T10:05:36.9566667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T16:11:34.6633333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T15:42:07.64'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T15:42:07.64'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T15:42:07.64'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-13T14:15:22.8266667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-13T15:15:23.5666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-14T15:04:26.85'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T08:31:39.8733333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T15:51:54.3366667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-02T19:36:32.54'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-09T16:18:14.25'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T14:18:20.79'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-31T15:26:36.5433333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-31T15:26:20.56'}]
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T18:11:54.387'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2224/DocumentHistoryActions
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Bill
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By Representatives Lewis of Framingham and Domb of Amherst, a petition (accompanied by bill, House, No. 2224) of Jack Patrick Lewis, Mindy Domb and others relative to improving healthcare delivery for underserved residents. Public Health.
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SECTION 1. Section 9 of Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting a parenthetical lowercase arabic numeral “a”, before the words “an applicant” in the first sentence.
SECTION 2. Said section 9 of chapter 112 of the General Laws is -hereby further amended by inserting at the end thereof, the following subsection:-
(b) Notwithstanding the other provisions of this section, an internationally-trained physician who has been licensed or otherwise authorized to practice medicine in a country other than the United States shall be eligible to apply for a limited license to practice medicine for a renewable one-year term after satisfying the criteria in below paragraph 2, provided, however, that such limited registration shall provide a pathway for the issuance of a full unrestricted license to practice medicine in accordance with, and upon satisfaction of, the criteria in below paragraph 4.
(1) Definitions. For the purposes of this subsection, the following terms shall have the following meanings—
(i) “ECFMG” shall mean the Educational Commission for Foreign Medical Graduates.
(ii) “Internationally-trained physician” shall mean a physician who has received a degree of doctor of medicine or its equivalent from a legally chartered medical school outside the United States recognized by the World Health Organization, who has been licensed or otherwise authorized to practice medicine in a country other than the United States, and who has practiced medicine for at least one year.
(iii) “Massachusetts physician shortage area” shall mean a geographic region or population in the commonwealth experiencing a shortage of physicians, especially primary care physicians or psychiatrists, relative to population and need, as determined by the board.
(iii) “Participating healthcare facility” shall mean a federally-qualified health center, community health center, hospital, or other healthcare facility approved by the board that provides an assessment and evaluation program designed to develop, assess, and evaluate an internationally-trained physician’s non-clinical skills, according to criteria developed or approved by the board; provided, however, that the participating healthcare facility provides medical care in a Massachusetts physician shortage area.
(iv) “USMLE” shall mean United States Medical Licensure Exam.
(2) The board shall issue a limited license to an applicant if the participating facility and the applicant submit evidence acceptable to the board that the applicant:
(i) is an internationally-trained physician;
(ii) has a valid certificate issued by the ECFMG or other credential evaluation service approved by the board, provided, however, that the board may waive such certification at its discretion where the applicant is unable to obtain the required documentation from a non-cooperating country;
(iii) has achieved a passing score on each of Steps 1 and 2 CK of the USMLE;
(iv) has entered into an agreement with the participating facility providing that the facility shall develop, assess and evaluate the applicant’s familiarity with non-clinical skills and standards appropriate for medical practice in the commonwealth, according to assessment and evaluation criteria developed or approved by the board;
(v) will enter a full-time full employment relationship with the participating facility after the board issues a limited license to practice medicine to the applicant; and
(vi) has satisfied other criteria that may be developed by the board in fulfillment of this subsection.
(3) The 1-year limited license may be renewed once, for a total 2-year term of limited registration.
(4) An internationally-trained physician who provides the board with proof of (i) successful completion of the participating facility’s assessment and evaluation program, and (ii) a passing score on Step 3 of the USMLE, shall be eligible to apply for a renewable 2-year restricted license to practice medicine only in a Massachusetts physician shortage area designated by the board; provided, however, that such license shall authorize the holder to practice independently in a primary care specialty, psychiatry, or other specialty approved by the board. After 2 to 4 years of such restricted practice, the internationally-trained physician shall be eligible to apply for a full, unrestricted license to practice medicine.
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An Act enabling pharmacists to prescribe, dispense and, administer PrEP
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H2225
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HD2238
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T17:02:46.153'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T17:02:46.1533333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T07:42:47.8566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-22T08:26:58.13'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-22T08:26:58.13'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:15:34.8666667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T12:29:40.5166667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T07:36:02.1833333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-31T07:36:02.1833333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-01T10:05:59.57'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-03T10:25:24.2833333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-08T10:22:49.32'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T10:22:49.32'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T11:44:02.8166667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-08T13:05:41.8833333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T15:45:08.5533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-08T16:33:20.0066667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-09T15:42:42.6866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-09T15:42:42.6866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T21:15:37.06'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-16T10:15:34.1933333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-22T15:52:21.93'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-23T13:55:50.48'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-03-10T16:12:17.21'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T09:38:40.8466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-24T09:13:05.1866667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T14:41:04.2033333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T09:29:22.6733333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-19T10:09:09.4'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-08T06:52:11.7'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2225/DocumentHistoryActions
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Bill
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By Representative Lewis of Framingham, a petition (accompanied by bill, House, No. 2225) of Jack Patrick Lewis and others relative to enabling pharmacists to prescribe, dispense and, administer pre-exposure prophylaxis. Public Health.
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SECTION 1. Section 1 of chapter 94C, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Extended-release long-acting opioid in a non-abuse deterrent form” the following 2 definitions:-
“HIV”, human immunodeficiency virus.
“HIV prevention drug”, a drug approved by the United States Food and Drug Administration for the prevention of HIV, including, but not limited to, pre-exposure prophylaxis.
SECTION 2. Said section 1 of said chapter 94C, as so appearing, is hereby further amended by inserting after the definition of “Practitioner” the following definition:-
“Pre-exposure prophylaxis”, a drug or drug combination that is taken or administered to reduce the risk of HIV acquisition and meets the same clinical eligibility recommendations provided in current guidelines of the federal Centers for Disease Control and Prevention.
SECTION 3. Said chapter 94C is hereby further amended by inserting after section 21B the following section:-
Section 21C. (a) A licensed pharmacist may prescribe, dispense or administer HIV prevention drugs in accordance with regulations promulgated by the department as set forth in this section.
(b) A licensed pharmacist may prescribe, dispense or administer HIV prevention drugs according to United States Food and Drug Administration guidance and product labeling if the patient:
(i) is HIV negative, as documented by a negative HIV test result obtained within the previous 7 days from an HIV antigen and antibody test or antibody-only test or from a rapid, point-of-care fingerstick blood test approved by the United States Food and Drug Administration; provided, however, that if the patient does not provide evidence of a negative HIV test in accordance with this clause, the pharmacist may order an HIV test prior to prescribing, dispensing or administering the drugs; provided further, that if the test results are not transmitted directly to the pharmacist, the pharmacist shall verify the test results to the pharmacist’s satisfaction prior to prescribing, dispensing or administering the drugs; and provided further, that if the patient tests positive for HIV infection, the pharmacist or person administering the test shall direct the patient to a primary care provider and provide the patient with a list of providers and clinics in the region;
(ii) does not report any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; and
(iii) does not report taking any contraindicated medication.
(c) A licensed pharmacist that prescribes, dispenses or administers HIV prevention drugs shall:
(i) provide counseling to the patient on the ongoing use of pre-exposure prophylaxis, which may include education about side effects, safety during pregnancy and breastfeeding, adherence to recommended dosing and the importance of timely testing and treatment, as applicable, for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted infections and pregnancy for individuals of child-bearing capacity;
(ii) notify the patient that the patient is required to be seen by a primary care provider to receive subsequent prescriptions for pre-exposure prophylaxis and that a pharmacist shall not furnish a 60-day supply of pre-exposure prophylaxis to a single patient more than once every 2 years:
(iii) document, to the extent possible, the services provided to the patient by the pharmacist in the patient’s record in the record system maintained by the pharmacy and maintain records of pre-exposure prophylaxis furnished to each patient; and
(iv) notify the patient’s primary care provider that the pharmacist completed the requirements specified in this subsection; provided, however, that if the patient does not have a primary care provider or refuses consent to notify the patient’s primary care provider, the pharmacist shall provide the patient a list of physicians and surgeons, clinics or other health care service providers to contact regarding ongoing care for pre-exposure prophylaxis.
SECTION 4. The department of public health shall promulgate regulations to establish statewide drug therapy protocols for prescribing, dispensing and administering pre-exposure prophylaxis and other HIV prevention drugs approved by the United States Food and Drug Administration that are consistent with federal Centers for Disease Control and Prevention guidelines not later than 6 months after the effective date of this act. The regulations shall include, but not be limited to, rules stating that a pharmacist shall not furnish a 60-day supply of pre-exposure prophylaxis to a single patient more than once every 2 years.
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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 prohibiting the sale of dextromethorphan to minors
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H2226
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HD892
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T15:01:13.81'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T15:01:13.81'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T15:50:04.4466667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-05-08T10:09:03.3'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2226/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2226) of David Paul Linsky relative to prohibiting the sale of dextromethorphan to minors. Public Health.
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Chapter 94C of the General Laws is hereby amended by inserting after section 27A the following section:-
Section 27B. (a)(1) It shall be unlawful to sell a nonprescription material, compound, mixture or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers to any person under the age of 18.
(2) It shall be unlawful for any person under the age of 18 to purchase or attempt to purchase a nonprescription material, compound, mixture or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers.
(3) A nonprescription material, compound, mixture or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers shall not be sold unless the purchaser presents photo identification that validates the individual’s age or from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be twenty-seven years of age or older. Valid identification shall include a valid, current form of photo identification issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator’s license, a Massachusetts state identification card, an identification card issued to a member of the Armed Forces or a passport.
(4) Nothing in the act shall be construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, other restrictions on consumers’ direct access to finished drug products, or the maintenance of transaction records. Any manufacturer, distributor, or retailer whose employee or representative, during the course of the employee or representative’s employment or association with the manufacturer, distributor, or retailer sells or trades dextromethorphan in violation of paragraph (1) shall receive a warning letter from the state Bureau of Health Care Safety and Quality for the first such violation. Any employee or representative of a manufacturer, distributor, or retailer who, during the course of employee or representative’s employment or association with that manufacturer distributor, or retailer sells or trades dextromethorphan in violation of paragraph (1) shall be subject to a civil penalty in an amount of a) not more than $150 for the second such violation by a person b) not more than $250 for the third such violation or subsequent such violation by a person. Any person who purchases dextromethorphan in violation of paragraph (2) is subject to a civil fine of $50.
(b) This section shall not apply to a compound, mixture or preparation containing any detectable quantity of dextromethorphan which is dispensed pursuant to a valid prescription from a licensed practitioner with prescriptive authority.
This act preempts any ordinance regulating the sale, distribution, receipt, or possession of dextromethorphan enacted by a county, city, town, or other political subdivision of this state, and dextromethorphan is not subject to further regulation by such subdivisions.
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An Act regarding registered nurse first assistants
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H2227
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HD2425
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T13:00:19.367'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T13:00:19.3666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2227/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2227) of David Paul Linsky relative to registered nurse first assistants. Public Health.
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SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 47AA the following section:-
Section 47BB. When any individual or group blanket accident and sickness insurance policy and health service contract delivered, issued or renewed by an insurer or nonprofit health service corporation provides for payment of surgical first assisting benefits or services on behalf of individual subscribers and members within the common wealth or all group members having a principal place of employment within the commonwealth, such provision shall be construed as providing for payment of a registered nurse, licensed under section 80B of chapter 112, who provided such first assistant services.
SECTION 2. Chapter 176A of the General Laws is hereby amended by inserting after section 8DD the following section:-
Section 8EE. When any contract between a subscriber and the corporation under an individual or group hospital service plan delivered, issued or renewed in the commonwealth provides for the payment of surgical first assisting benefits on behalf of individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth, such provisions shall be construed as providing for payment of a registered nurse, licensed under section 80B of chapter 112, who provided such first assistant services.
SECTION 3. Chapter 176B of the General Laws is hereby amended by inserting after section 4DD the following section:-
Section 4EE. When provisions for payment for surgical first assisting benefits or services exist in any subscription certificate under an individual or group medical service agreement delivered, issued or renewed in the commonwealth, such provisions shall be construed as providing for payment of a registered nurse, licensed under section 80B of chapter 112, who provided such first assistant services.
SECTION 4. Section 4 of chapter 176G of the General Laws, is hereby amended by inserting after the word "period." in line 46, the following sentence: Such health maintenance organization contract, when providing for payment of surgical first assisting benefits or services, shall be construed as providing for payment of a registered nurse, licensed under section 80B of chapter 112, providing first assistant services
SECTION 5. (a) The department of' public health shall prepare a report on the provision of services by registered nurse first assistants and its effect on the quality of care for patients. Said report shall be a compilation of data reported by hospitals licensed under chapter 111 and insurers licensed under chapters 175, 176A, 176B and 176G. Such hospitals and insurers shall collect and report data that includes, but is not limited to, nursing data describing outcomes of the registered nurse first assistant, and may consider outcome measures which differentiate between severity of patient illness, mortality and morbidity rates, adverse complications, patient and family satisfaction with nursing care, patient safety, pain management, skin integrity management, medication administration and management, patient education and discharge planning.
(b) The commissioner of public health shall prepare said report in consultation with the commissioner of insurance, the director of the board of registration in nursing, the Massachusetts Nurses Association, Massachusetts Chapter I of the Association of PeriOperative Registered Nurses and the Massachusetts Hospital Association.
(c) The department shall file said report with the house and senate committees on ways and means and the joint committee on health care financing not later than September 1, 2024.
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An Act to protect toddlers from lead exposure
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H2228
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HD1671
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T14:41:19.443'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T14:41:19.4433333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:15:02.9133333'}]
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Bill
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2228) of Jay D. Livingstone and Michelle M. DuBois for legislation to protect toddlers from lead exposure. Public Health.
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SECTION 1. Section 1A of Chapter 15D of the General Laws, as appearing in the 2021 Official Edition, is hereby amended by inserting the following definitions:
“Lead Service Line” as defined by 40 CFR Part 141.2, as amended.
“Lead Service Line Replacement” as defined by 40 CFR Part 141.2, as amended.
SECTION 2. Section 8 of Chapter 15D of the General Laws, as appearing in the 2021 Official Edition, is hereby amended:
In Section 8 (a), in line 15, by striking out the word “and” after “financing and administration”
In Section 8 (a), in line 16, by inserting after the words, “and other sanctions” the following phrase: “;and (12) the elimination of exposure to lead through lead service lines in family child care homes or large family child care homes”
In Section 8 (c), in in line 8, by inserting after the word, “fire” the following word “, lead,”
In Section 8 (c), by adding the following subsection:
(i) The regulations, as they relate to lead exposure, shall include, but not be limited to, appropriate standards for: lead service line and lead paint inspection, disclosure, removal, and replacement.
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An Act relative to anesthesiologist assistants
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H2229
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HD2249
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:19:05.007'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:19:05.0066667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T10:46:22.95'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-06-06T11:48:07.5233333'}]
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Bill
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2229) of Jay D. Livingstone and Paul McMurtry relative to anesthesiologist assistants. Public Health.
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Section 1. Chapter 112 of the General laws is hereby amended by adding the following sections after section 12GG:
Section 12HH. As used in sections 12HH to 12MM, inclusive, the following words shall have the following meanings:
(i) “Anesthesiologist” means a physician who is licensed under section 2 of chapter 112 and has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology;
(ii) "Anesthesiologist assistant" means any person who assists in the practice of medicine under the supervision of an anesthesiologist or group of anesthesiologists approved by the board to supervise such assistant;
(i) "Assists" means the anesthesiologist assistant may personally perform those duties and responsibilities delegated to him by his supervising anesthesiologist with the supervising anesthesiologist being physically present in the same facility.
(ii) "Back-up anesthesiologist" means a board approved physician anesthesiologist designated by the supervising anesthesiologist to ensure supervision of the anesthesiologist assistant in the supervising anesthesiologist's absence. A back up anesthesiologist is subject to the same requirements imposed upon the supervising anesthesiologist if the back-up anesthesiologist is acting as a supervising anesthesiologist;
(iii) “Board” means the Board of Registration in Medicine;
(iv) "Supervising anesthesiologist" means a:
i. Anesthesiologist who utilizes and agrees to be responsible for the medical acts of a board-approved anesthesiologist assistant; or
ii. Back-up anesthesiologist when acting in the absence of the supervising anesthesiologist;
(v) "Supervision" means the ready, on-site availability of the supervising anesthesiologist for consultation and direction of the activities of the anesthesiologist assistant;
(vi) “In the same facility” refers to anywhere in the facility where anesthesia services may be needed including but not limited to the operating room suites, intensive care unit, emergency room, obstetric suite, endoscopy suite, radiology suite, cardiac services suite, and recovery room.
Section 12II. Notwithstanding any other provision of law, an anesthesiologist assistant may assist in the practice of medicine relating to the provision of anesthesia services under the supervision of a licensed anesthesiologist. The anesthesiologist assistant may perform those duties and responsibilities delegated to him by the supervising anesthesiologist when the duties and responsibilities are provided under the supervision of a licensed anesthesiologist approved by the board. The board may adopt rules and regulations to implement the provisions of sections 12HH to 12MM that include scope of practice of an anesthesiologist assistant including requirements and limitations on the provision of anesthesia services by an anesthesiologist assistant as determined by the board to be in the best interests of patient health and safety and consistent with the standards of care established by the National Commission for Certification of Anesthesiologist Assistants.. Regulations adopted by the board pursuant to this section shall include the following provisions:
(1) An anesthesiologist assistant must be supervised by an anesthesiologist licensed under section 2 of chapter112 who is actively engaged in clinical practice and available on-site to provide assistance to the anesthesiologist assistant.
(2) Anesthesiologist assistants must comply with all continuing education requirements and recertification requirements of the National Commission for Certification of Anesthesiologist Assistants or its successor organization.
Section 12JJ. The board shall register and issue licenses to anesthesiologists assistants in the commonwealth, take appropriate disciplinary action against anesthesiologist assistants, approve and issue certificates of approval of programs for the training of anesthesiologist assistants and maintain a current roster of persons serving as anesthesiologist assistants in the commonwealth as well as a list of approved training programs. Disciplinary action may include revocation or suspension of license, censure or other disciplinary action, including the imposition of restrictions upon a license relating to a violation of the boards regulations.
Section 12KK. (a) Applications for licensure as an anesthesiology assistant shall be submitted in accordance with procedures established by the board. The board may grant an anesthesiologist assistant license to an applicant who:
(i) Has graduated from an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its predecessor or successor organization;
(ii) Has satisfactorily completed a certification examination administered by the National Commission for Certification of Anesthesiologist Assistants or other national certifying agency established for such purposes which has been reviewed and approved by the board and is currently certified;
(iii) Completes an application form and pays a licensing fee in an amount determined by the board.
(b) The board may issue a temporary license to any person who successfully completes a CAAHEP or other board approved program for the education and training of an anesthesiologist assistant but has not passed a certification examination. To allow the opportunity to take the next available certification examination, any temporary license issued pursuant to this subsection shall be issued for a period not to exceed one (1) year.
(c) All licenses other than temporary licenses expire annually on December 31. An anesthesiologist assistant may renew his license by completing and submitting a renewal application form published by the board and renewal fee to the board prior to expiration of his current license.
(d) The board may reinstate a lapsed license if the applicant pays a reinstatement fee and meets the requirements for the granting of an initial license.
Section 12LL. Notwithstanding any provision of law to the contrary, nothing in Sections 12HH to 12MM shall be construed to prevent an anesthesiologist assistant from having access to and being able to obtain drugs as ordered and directed by the supervising anesthesiologist.
Section 12MM. Any person practicing as an anesthesiologist assistant or representing that he is an anesthesiologist assistant without a license or any person employing an unlicensed person to practice as an anesthesiologist assistant shall be punished by a fine of not less than $100 and not more than $1,000 or by imprisonment for not less than 30 days and not more than 1 year in the house of corrections, or by both such fine and imprisonment.
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An Act establishing a special commission on two-generation approaches to childhood education
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H223
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HD1050
| 193
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{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-18T10:19:30.957'}
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[{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-18T10:19:30.9566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-02T15:48:55.95'}]
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Bill
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By Representative Ultrino of Malden, a petition (accompanied by bill, House, No. 223) of Steven Ultrino and Jason M. Lewis relative to establishing a special commission (including members of the General Court) to investigate two-generation approaches to childhood education. Children, Families and Persons with Disabilities.
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SECTION 1. (a) There shall be a special commission entitled the Special Commission on Two-Generation Approaches to study and make recommendations concerning the implementation of two-generation systems in the commonwealth, as defined by focusing on creating opportunities for and addressing needs of both vulnerable parents and children together.
(b) For the purposes of this commission, a “Two-Generation Approach” shall mean an anti-poverty strategy aimed at reducing chronic, multi-generational family poverty by getting better outcomes for the child, parents, and community simultaneously. The commission shall: (1) measure and account for outcomes for both children and their parents; (2) engage and listen to the voice of families; (3) foster innovation and evidence together, (4) align and link systems and funding streams, (5) prioritize intentional implementation, and (6) ensure equity.
(c) The commission shall consist of the following: the co-chairs of the joint committee on children, families and persons with disabilities or a designee, who shall serve as co-chairs; the co-chairs of the joint committee on education or designees; the commissioner of early education and care or a designee; the commissioner of elementary and secondary education or a designee; commissioner of the department of higher education or a designee; commissioner of the department of transitional assistance or a designee; secretary of labor and workforce development or a designee; secretary of housing and economic development or designee; 6 persons to be appointed by the commission co-chairs, 3 of whom shall be representatives of community-based organizations that have experience working with youth and families, 2 of whom shall be representatives of research, educational, and philanthropic institutions specializing in education including early childhood education, and 1 of whom shall be a representative of an organization with interest in two-generation approaches.
(d) The commission shall: (1) solicit information and input from service providers, families, educational institutions, and any other parties or entities the commission deems appropriate; review and identify best practices learned from similar efforts in other states and identify the core components of a model two-generation approach for parents and their children; (2) establish a two-generational school and employment readiness plan for the commonwealth to promote long-term learning and economic success for low-income families by addressing intergenerational barriers to school readiness and workforce readiness with intensified workforce training and targeted education, coupled with related support services; (3) study and make recommendations for inter-agency resources and services in order to best maximize existing state resources available to fund an expansion of two-generation approaches for parents and their children; (4) develop recommendations to measure and evaluate progress for both children and their parents through specified dual generation approaches that result in improved outcomes; (5) other recommendations as the commission may deem appropriate.
(e) Members of the commission shall be named and the commission shall commence its work within 60 days of the effective date of this act. The commission shall report to the general court and governor the results of its study, together with any draft legislation, regulations or administrative procedure necessary to implement two-generation approaches in the commonwealth by filing the same with the clerks of the senate and the house of representatives and the house and senate chairs of the joint committee on education and the joint committee on children, families and persons with disabilities, not more than 1 year after the effective date of this act.
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An Act protecting youth from second hand smoke
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H2230
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HD2286
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:48:31.2'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:48:31.2'}]
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Bill
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2230) of Jay D. Livingstone relative to smoking in multi-unit residential buildings. Public Health.
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SECTION 1. Section 127A of Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following new paragraph: -
Smoking shall be prohibited in multi-unit residential buildings including inside the residential units of the building, and inside commercial space in or physically attached to the residential building, for which the municipal authorization of residential occupancy for any part of the building issues on or after January 1, 2022; and thereafter, smoking shall be prohibited in all other multi-unit residential buildings including inside the residential units of the building, and inside commercial space in or physically attached to the residential building in the building, by January 1, 2023.
“Multi-unit Residence” means property containing two (2) or more Units, including, but not limited to, apartment buildings, condominium buildings, senior and assisted living facilities, and long-term health care facilities, but does not include a single-family home physically detached from another residential or commercial structure, except if and when used as a healthcare or childcare services subject to municipal or state licensing requirements or wherever else smoking is prohibited.
“in Multi-unit Residence” shall include decks, patios, porches, open windows and doors, exterior stairs, means of egress and ingress, and other like areas immediately outside the Multi-unit Residence that are under the control of the building owner and from where smoke drifts into any part of the Multi-unit Residence.
''Smoking'' means the lighting or possessing of a lighted of a cigar, cigarette, pipe or other tobacco product or non-tobacco product including designed to be combusted and inhaled, including marijuana. Smoking shall not mean the heating of marijuana that does not cause combustion.
SECTION 2. Section 127C of Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the words “tenant” wherever it appears, and inserting in place thereof “tenant or condominium unit owner.”
SECTION 3. The Massachusetts Department of Public Health shall promulgate regulations for the implementation and enforcement of this Act. Nothing in this Act shall prohibit landlords or condominium associations from prohibiting smoking throughout their buildings, including inside units, or on their property before the effective dates of this Act. Nothing in this Act shall preempt further restriction by the Commonwealth or any department, agency or political subdivision of the Commonwealth.
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An Act to require the disclosure of lead in water pipes
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H2231
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HD2287
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:46:00.86'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:46:00.86'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-21T10:40:59.01'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-03T09:34:47.12'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-03T09:34:47.12'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-14T12:30:23.0533333'}]
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Bill
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2231) of Jay D. Livingstone and others for legislation to require the disclosure of lead in water pipes. Public Health.
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SECTION 1. Section 197A of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, after the word “plaster”, in lines 2 and 83, the following words “, plumbing and water piping, including water service lines,”.
SECTION 2. Said section 197A of said chapter 111, as so appearing, is hereby amended by inserting, after the word “plaster”, in line 35, the following words “plumbing and water piping, including water service lines,”.
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An Act relative to dental service quotes
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H2232
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HD1442
| 193
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{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:52:17.41'}
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[{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:52:17.41'}, {'Id': None, 'Name': 'Joan Martorella', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T13:52:17.41'}]
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Bill
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By Representative Lombardo of Billerica, a petition (accompanied by bill, House, No. 2232) of Marc T. Lombardo and Joan Martorella relative to dental service quotes. Public Health.
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Chapter 111 of the General Laws is hereby amended by inserting after section 228 the following section:-
Section 228½. (a) As used in this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Board”, the board of registration in dentistry established pursuant to section 19 of chapter 13.
“Dental services”, diagnostic, preventative or corrective treatment of the teeth and associated structures of the oral cavity, including, but not limited to, oral surgery and the provision of orthodontia and prostheses.
“Dental services provider”, a provider of dental services, including, but not limited to, a dentist registered by the board pursuant to section 45 of chapter 112, a dental hygienist registered by the board pursuant to section 51 of said chapter 112, a dental assistant register by the board pursuant to section 51½ of said chapter 112 or an oral and maxillofacial surgeon certified by the American Board of Oral and Maxillofacial Surgery.
(b) Upon request by a patient or prospective patient, a dental services provider shall provide a quote of the costs associated with any dental services prior to performing any dental services; provided, however, that if a patient or prospective patient schedules a series of procedures or services as part of a continued course of treatment, the patient or prospective patient may waive the requirement to receive such quote from the dental services provider for that course of treatment.
(c) If a dental services provider completes any dental services without providing the patient with a quote pursuant to subsection (b), the patient may file a complaint with the board. Upon receipt of a complaint pursuant to this section, the board shall conduct an investigation into whether the completed dental services were medically necessary. If, as a result of such investigation, the board has reasonable cause to believe that the completed dental services were not medically necessary, it shall file a written report of the violation with the attorney general who shall, within 3 months following receipt of such report, notify the board in writing of the action taken with respect to such violation.
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An Act establishing a physical therapy licensure compact
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H2233
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HD3406
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{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T12:15:44.633'}
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[{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T12:15:44.6333333'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-06-18T14:18:58.1733333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-09-20T10:51:27.93'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-09-20T10:51:27.93'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-09-24T21:31:07.34'}]
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Bill
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By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 2233) of Adrian C. Madaro for legislation to establish a physical therapy licensure compact. Public Health.
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SECTION 1. The General Laws, as appearing in the 2016 Official Edition, are hereby amended by inserting after chapter 112 the following new chapter:-
CHAPTER 112A PHYSICAL THERAPY LICENSURE COMPACT
Section 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
2. Enhance the states’ ability to protect the public’s health and safety;
3. Encourage the cooperation of member states in regulating multi-state physical therapy practice;
4. Support spouses of relocating military members;
5. Enhance the exchange of licensure, investigative, and disciplinary information between member states; and
6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.
Section 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
1. “Active Duty Military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
2. “Adverse Action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
3. “Alternative Program” means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
4. “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
5. “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
6. “Data system” means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
7. “Encumbered license” means a license that a physical therapy licensing board has limited in any way.
8. “Executive Board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
9. “Home state” means the member state that is the licensee’s primary state of residence.
10. “Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
11. “Jurisprudence Requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state.
12. “Licensee” means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
13. “Member state” means a state that has enacted the Compact.
14. “Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
15. “Physical therapist” means an individual who is licensed by a state to practice physical therapy.
16. “Physical therapist assistant” means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
17. “Physical therapy,” “physical therapy practice,” and “the practice of physical therapy” mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
18. “Physical Therapy Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.
19. “Physical therapy licensing board” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
20. “Remote State” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
21. “Rule” means a regulation, principle, or directive promulgated by the Commission that has the force of law.
22. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.
Section 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
1. Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;
2. Have a mechanism in place for receiving and investigating complaints about licensees;
3. Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.;
5. Comply with the rules of the Commission;
6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and
7. Have continuing competence requirements as a condition for license renewal.
B. Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. §534 and 42 U.S.C. §14616.
C. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.
D. Member states may charge a fee for granting a compact privilege
Section 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state in accordance with Section 4D, G and H;
4. Have not had any adverse action against any license or compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee, for the compact privilege;
7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
8. Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
B. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in the remote state.
C. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
D. A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
E. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse action.
F. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.
G. If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
1. The specific period of time for which the compact privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse action.
H. Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.
Section 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
A. Home of record;
B. Permanent Change of Station (PCS); or
C. State of current residence if it is different than the PCS state or home of record.
Section 6. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse action against a license issued by the home state.
B. A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
C. Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state’s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
D. Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
E. A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4.D. against a licensee’s compact privilege in the state;
2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
F. Joint Investigations
1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
Section 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.
A. The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one (1) delegate selected by that member state’s licensing board.
2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring in the Commission.
5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
5. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate with, law enforcement agencies;
17. Establish and elect an Executive Board; and
18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.
D. The Executive Board
The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact
1. The Executive Board shall be composed of nine members:
a. Seven voting members who are elected by the Commission from the current membership of the Commission;
b. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and
c. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
2. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Board as provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following Duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.
2. The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:
a. Non-compliance of a member state with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
Section 8. DATA SYSTEM
A. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason(s) for such denial; and
6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any member state will only be available to other party states.
D. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
Section 9. RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and
2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made available on request.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
K. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
Section 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.
2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
Section 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute repealing the same.
1. A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
Section 12. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
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An Act relative to source plasma donation centers
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H2234
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HD3262
| 193
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{'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-17T13:09:49.397'}
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[{'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-17T13:09:49.3966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T11:31:57.38'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-03-22T16:38:33.36'}]
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T15:06:00.077'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2234/DocumentHistoryActions
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Bill
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By Representative Mahoney of Worcester and Senator Moore, a joint petition (accompanied by bill, House, No. 2234) of John J. Mahoney and Michael O. Moore relative to source plasma donation centers. Public Health.
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The General Laws are hereby amended by inserting after chapter 111O the following chapter:-
Chapter 111P.
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context or subject matter clearly requires otherwise:-
“Department”, the department of public health.
“Source plasma donation center”, a facility where source plasma is collected by plasmapheresis.
“Source plasma”, the fluid portion of human blood collected by plasmapheresis and intended as source material for further manufacturing use. The definition excludes single donor plasma products intended for intravenous use.
“Plasmapheresis”, a procedure in which, during a single visit to the facility, blood is removed from an individual, the source plasma separated from the formed elements, and at least the red blood cells are returned to the donor.
Section 2. A source plasma donation center may collect source plasma through plasmapheresis and may employ a person to perform total protein tests pursuant to regulations of the department.
Section 3. (a) The department shall establish requirements for registration of source plasma donation centers in the commonwealth that are consistent with federal requirements, including 42 CFR 493, 21 CFR Subchapter F. The department shall approve and issue certificates of registration and shall maintain a list of registered source plasma donation centers.
(b) The regulations may include, but shall not be limited to, laws governing staff supervision, training, and duties, including but not limited to, requirements for performing total protein tests using digital refractometers in a source plasma donation center.
(c) The department shall collect and establish registration fees, investigate complaints, and take appropriate disciplinary action for violations of the regulations to protect the public health, safety, and welfare.
Section 4. Blood or blood products obtained from a paid donor shall not be used for transfusion; provided, however, that blood or blood products obtained from a paid donor may be used for transfusion if the physician and surgeon performing the transfusion has determined, taking into consideration the condition of the patient who is the recipient of the transfusion, that other blood of a type compatible with the blood type of the patient cannot reasonably be obtained for transfusion.
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An Act relative to emergency room procedure for prescribing or dispensing pain medication to certain persons on probation
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H2235
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HD308
| 193
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{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:36:03.547'}
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[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:36:03.5466667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T11:52:57.19'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-02-15T20:31:55.8166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2235/DocumentHistoryActions
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Bill
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By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 2235) of Joseph D. McKenna, Colleen M. Garry and Michael J. Soter relative to procedures for prescribing or dispensing pain medications in emergency rooms to certain persons on probation. Public Health.
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Chapter 111 of the General Laws is hereby amended by inserting after section 51 ½ the following section:-
Section 51 ¾. As used in this section, “pain medication” shall mean any opioid as defined in section 1 of chapter 94C, benzodiazepine, barbiturate or any other prescription medication for the treatment of pain that is likely to show up in the results of a urinalysis drug test.
A treating clinician, prior to prescribing or dispensing pain medication to a patient presenting in an acute-care hospital or satellite emergency facility as those terms are defined in section 52 ½ , shall ask said patient, to the extent possible , the following questions:
“Are you currently on probation?”
“Are you currently required to take court mandated drug tests as a condition of your probation?”
If the patient answers in the affirmative to both such questions, the treating clinician shall administer a urinalysis drug test prior to the prescribing or dispensing of any pain medication. The treating clinician shall inform the patient that the results of the drug test will be shared with the department of probation. If the patient answers in the negative to either question, or to both questions, the treating clinician shall not administer a drug test pursuant to this section.
If the patient answers in the affirmative to both such questions and submits to a drug test as required by this section, the treating clinician shall, in a timely manner, provide the department of probation with: (i) the patient’s name, (ii) the responses to the questions and results of the drug test administered pursuant to this section, and (iii) a copy of the prescription for any pain medication the clinician prescribed or dispensed.
This section shall not affect the treating clinician’s diagnosis and treatment of the patient, including the prescribing or dispensing of pain medication, and shall not prevent a treating clinician from dispensing pain medication as necessary to a patient in need of urgent medical treatment.
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An Act relative to LSDs (Lysosomal Storage Disorders) in infants
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H2236
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HD314
| 193
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{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T21:07:03.63'}
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[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T21:07:03.63'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-04-26T11:32:43.7733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-17T12:54:00.79'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-09T12:21:48.36'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-16T10:10:11.6466667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-05-08T16:14:49.65'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T11:55:38.2'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-05-03T10:16:52.0333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-04-26T12:15:32.5766667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-02T13:02:24.1933333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-04-26T16:11:01.2233333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-04-26T13:45:34.8933333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-03T15:36:14.7266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2236/DocumentHistoryActions
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Bill
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By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 2236) of Joseph D. McKenna and others for legislation relative to LSDs (Lysosomal Storage Disorders) in infants. Public Health.
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Section 110A of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, in line 3, after the word “cretinism” the following words:- Krabbe, Fabry, Gaucher, Pompe, MPS I, Niemann Pick A/B [disease].
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An Act relative to medical health and fitness facilities
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H2237
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HD1204
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T11:36:45.573'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T11:36:45.5733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2237/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2237) of Paul McMurtry relative to medical health and fitness facilities. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 237 the following section:
Section 238. (A) As used in this section the following words shall have the following meaning unless the context clearly requires otherwise – “Medical Health and Fitness Facilities” (“MHFF”) are defined as any wellness facility that has created protocols and operating procedures which all such facilities will need to achieve and maintain in order to be recognized as such a facility by the Department.
(B)Medical Health and Fitness Facilities as recognized by the Department must adhere to and achieve the following safety standards and facility specifications and requirements:
1. Size: MHFF facilities must exhibit the ability to physically accommodate the rules and regulations set forth by the Massachusetts Safety and Standards Checklist with regard to:
a. Social distancing
b. 6ft and 14ft separation requirements
c. Directional pathways
d. Adhere to limitations on maximum facility occupancy at any given time
2. Medical Application Standards: MHFF facilities must maintain, adhere to and provide for all of the following medical safeguards and medical service programs:
a. Written policies and procedures regarding member/guest safety
b. Emergency response procedures
c. Individualized health assessments
d. Disease management and prevention programs
e. Lifestyle change/health-risk reduction programs
f. Physical therapy, post-operative/injury
g. Physical therapy continued care program
h. Implementation and maintenance of a Medical Advisory Board
i. Medical Advisory Board (“MAB”) is group of healthcare professionals headed by a Medical Director that meet on at least a quarterly basis for the
purpose of reviewing and providing professional oversight for all aforementioned medical applications: The members of the MAB should be
recognized experts in their field. Their combined experience and valued insights should direct the facility in all efforts to enhance all existing wellness
programs as well as maintain and improve the safety protocols for current participants. The MAB also plays a large part in determining what new
services and or lifestyle improvement programs may be needed or valuable to neighboring communities and the client/patient community.
i. Medical Director
i. The Medical Director is a licensed medical physician who sits on the Medical Advisory Board and oversees, directs and reviews all communications
with the MAB.
ii. The Medical Director is responsible for the safe and appropriate application of all medical programs within the facility.
3. Staffing Requirements and Qualifications
a. All MHFF facilities are required to employ personnel in the following full-time positions with qualifications listed.
b. Fitness Director: must have a minimum of an Exercise Physiology or Health Science Degree or the equivalent.
c. Certified Pool Operator: Facilities with pools and/or hot tubs and Jacuzzi must have a certified pool operator.
d. Operations Manager: Must have a BS in Facility and or Operations Management with 5+ years’ experience.
e. Fitness Manager on Duty (“FMOD”): all facilities must employ a fitness manger on duty at all times of operation.
f. Medical Director: All facilities must have a licensed medical physician to oversee the MAB. The Medical Director will be responsible for overseeing the medical and behavioral change programs within each facility. The Medical Director will work with the MAB and facility management in order to coordinate various interdisciplinary teams to execute the facility’s medical and wellness policies, systems and agenda.
4. Cleaning and Hygiene Procedures: MHFF facilities must maintain and enforce the following cleaning protocols in accordance with the Massachusetts Safety and Standards Checklist
a. Provide ample and sufficient sanitation wipes easily accessed for members and staff to clean equipment before and after each individual use.
b. Provide ample and sufficient hand sanitation stations easily accessed for members and staff to consistently sanitize their hands.
c. Staff is required to spray down equipment with EPA approved disinfectant at scheduled times throughout the day to maintain optimal safety and cleanliness. Staff must log and track cleaning times.
d. Staff will disinfect high touch, high use areas consistently throughout the day, with EPA approved N list cleaning product and log and track times.
e. Increase cleaning staff to maintain and enable consistent, thorough and continuous facility sanitization.
5. Air Quality and Control
a. MHFF facilities will be required to purchase, install and continuously operate non-thermal plasma self-contained electronic air and surface decontamination unit(s)
b. Said unit(s) shall have the capacity to eradicate bacteria, viruses, mold and odor at an average reduction rate of 90% in the air and 95% on surfaces in large occupied spaces by creating oxidized molecules from ambient air using non-thermal plasma technology
c. Said unit(s) will not use chemicals in any aspect of operation and will comply with USDA National Organic Standards (7 CFR Part 205)
d. Said unit(s) shall be powered by standard 120 volt outlet
e. Said unit(s) shall have no effect on temperature or humidity of the facility
f. Said unit(s) shall offer continuous 24 hour treatment
g. Said unit(s) can be calibrated for different operations cycles
h. Said unit(s) shall be compliant with OSHA safety and air quality regulations.
6. Safety Standards and Required Protocols: MHFF facilities will be required to implement and maintain the following protocols.
a. Temperature must be taken for any person entering the facility. Any person with a measured temperature of 100 degrees Fahrenheit or higher shall not be
allowed to enter the facility.
b. Any person entering the facility must be checked in for tracing purposes. (Club must have a computerized check-in system.)
c. Facilities must maintain an updated member contact process e-mail or cell phone
d. Signs must be posted conspicuously throughout required spaces communicating safety regulations and requirements for said spaces.
e. All new members are required to fill out a detailed health check form
f. Automatic External Defibrillators (AEDs) are required; one unit for every 75,000 sq. ft. to ensure prompt and timely application.
g. All staff must be trained in CPR and AED use
h. All staff must have basic lifesaving skill certification
i. Facility must have and train all employees in an emergency action plan for the following:
i. Fire
ii. Health emergency
iii. Active shooter
iv. Positive COVID test
v. Aquatic emergency
j. Facility must track and document training times and trained personnel
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An Act permitting ambulances to transport patients to urgent care centers
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H2238
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HD366
| 193
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{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:33:05.253'}
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[{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:33:05.2533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2238/DocumentHistoryActions
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Bill
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By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 2238) of Lenny Mirra relative to permitting ambulances to transport patients to urgent care centers. Public Health.
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SECTION 1. Section 2 of Chapter 111C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
(17) in situations determined as non-emergency, permit the transportation of patients directly to a clinic, as defined in section 52 of chapter 111, including an urgent care center, instead of an emergency department.
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An Act relative to urgent care centers and MassHealth patients
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H2239
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HD371
| 193
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{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:34:53.913'}
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[{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:34:53.9133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2239/DocumentHistoryActions
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Bill
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By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 2239) of Lenny Mirra relative to the use of urgent care centers by MassHealth patients. 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 51K the following new section:
Section 51L. The department shall promulgate all rules and regulations necessary regarding the definition of and licensing procedures for urgent care centers; provided, that the new rules and regulations ensure residents enrolled in MassHealth shall not require a referral from a primary care provider, as defined in section 1, to obtain services or care from an urgent care center.
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An Act to establish an office of youth development
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H224
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HD613
| 193
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{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:35:11.847'}
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[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:35:11.8466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H224/DocumentHistoryActions
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Bill
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By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 224) of Bud L. Williams for legislation to establish within the Executive Office of Health and Human Services, a state-wide office of youth development. Children, Families and Persons with Disabilities.
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SECTION 1. Whereas, analysis of current social and health status indicators indicate that an unacceptable number of urban youth are becoming involved in the criminal justice system, experiencing high rates of homicide and suicide, engaged in violence and anti-social behaviors, becoming abusers of drugs, alcohol and tobacco, experiencing a high rate of pregnancies and sexual transmitted disease, and leaving school without marketable skills. There is clear and present danger that the current socio-economic status of this generation of urban youth will have a negative impact on the general well-being of the entire society of the Commonwealth; and
Whereas, public schools have historically been in place as the above stated phenomenon developed, and in spite of the many changes implemented and proposed, do not present the model nor infrastructure needed to provide an appropriate model to ameliorate the situation with urban youth; and Whereas, the current negative social, economic and health status indicators for urban youth may be defined as predictors for negative future social and economic outcomes; and
Whereas, violent behaviors, both as victim and perpetrators, substance abuse, teen pregnancy and infant mortality, sexual transmitted disease, delinquent behaviors, and suicide are clearly identified as public health concerns,
Therefore, Notwithstanding any act to the contrary, this act provides that there shall be established within the Executive Office of Health and Human Services, a state-wide office of youth development within the Department of Public Health which shall organize and implement pilot programs in Boston, Springfield, New Bedford, Fall Rivers, Lawrence, Lowell, Holyoke, and Worcester to demonstrate a coordinated-comprehensive youth development services delivery system to improve and promote good citizenship among youth, between the ages of seven and eighteen. All programs and activities shall be coordinated with the Executive Office of Health and Human Services organizations in each city, so as to optimize the allocation of resources.
SECTION 2. Programs and activities shall be provided outside of school hours, year-round, including weekends for individuals who are enrolled in school, with programs and activities for individuals not enrolled in school available on a daily basis.
SECTION 3. Programs and activities shall be designed based on youth development research findings, with emphasis directed toward the development and enhancement of social decorum, anti-violent and anti-gang behaviors, positive social behaviors, local and statewide labor pools, job opportunities and career and employment options, citizenship and positive future outlook, community-building, the performing and creative arts, avoiding teen-age pregnancies. With some components modeled after the pre-World War II Work Project Administration (WPA) and Civilian Conservation Corps (CCC) the system shall provide practical skill building beyond the theoretical approach used in public schools.
SECTION 4. Programs and activities shall be implemented through contracts with federally qualified, Community Health Centers. Policy-makers and staff of contracting organizations shall reflect the participant population of the program.
SECTION 5. The programs and activities shall include but not be limited to the following: (1) a research component to address issues pertaining to replication of successful strategies identified; (2) a community coordination function to assure that service delivery are coordinated in order to limit any unwanted duplication and/or overlapping; (3) to document and analyze resources and services targeted for the participant population; (4) identification of the services needed to advance the goals of the program; (5) develop and/or join-in with a community youth worker certification program, in order to utilize “best practices” in the field of youth development, this component will further enhance skill development and standards for youth development as a discipline; (6) an enhanced management information system support procedure to develop a common intake and referral system to increase the use of preventive services, share resource information, avoid duplication and to allow participants to engage in, hands-on applications and learn state-of-the-art computer use; (7) court diversion; (8) coordinate mini-grants to various community agencies; (9) coordinate with already established organizations and agencies; and (10) develop needed services as required for the success of the program.
SECTION 6. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Office of Youth Development Fund. There shall be credited to say fund an amount sufficient to sustain such an initiative in the immediate fiscal year commonwealth’s budget, and thereafter for a period of five (5) years.The City of Springfield shall be among the first communities within the Commonwealth which the office shall be established.
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An Act providing access to patient protection services for all Massachusetts residents
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H2240
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HD939
| 193
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{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-17T15:57:07.76'}
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[{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-17T15:57:07.76'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2240/DocumentHistoryActions
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Bill
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By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 2240) of Samantha Montaño relative to providing access to patient protection services for all residents. Public Health.
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SECTION 1. Notwithstanding the provision of any general or special law to the contrary, every resident of Massachusetts shall have access to the standards and procedures established under sections 13, 14, 15, and 16 of chapter 176O. Such standards shall be administered and enforced by the office of patient protection established by section 217 of chapter 111. The executive office of health and human services and the Division of Insurance shall request waivers from any federal laws or regulations which impede the effective implementation of this Act.
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An Act enabling trained dental hygienists to administer dermal fillers and botox
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H2241
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HD3952
| 193
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{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-20T15:38:49.04'}
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[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-20T15:38:49.04'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-20T15:38:49.29'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:57:59.3466667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:25:14.3133333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-15T11:34:07.0866667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-15T11:15:26.39'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-03-15T16:39:42.2066667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-20T15:30:26.7466667'}]
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{'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-20T15:38:49.04'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2241/DocumentHistoryActions
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Bill
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By Representatives Moran of Lawrence and Cruz of Salem, a petition (accompanied by bill, House, No. 2241) of Frank A. Moran, Manny Cruz and others relative to enabling trained dental hygienists to administer dermal fillers and botox. Public Health.
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SECTION 1. Section 51 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first instance of the words “adopted by the board,” the following:
“A dental hygienist, under the direct supervision of a supervising dentist, may administer botulinum toxins and or dermal fillers, provided they have received the same prescribed additional training in the administration of botulinum toxins and or dermal fillers as that of a dentist and approved by the board. A dental hygienist shall not administer botulinum toxins and or dermal fillers independently of a dentist.”
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An Act relative to the permit for removal or transportation of refuse
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H2242
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HD2126
| 193
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{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-19T10:14:29.423'}
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[{'Id': None, 'Name': 'Luke Soojian', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T10:14:29.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2242/DocumentHistoryActions
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Bill
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By Representative Muradian of Grafton (by request), a petition (accompanied by bill, House, No. 2242) of Luke Soojian relative to board of public health permitting for removal or transportation of refuse. Public Health.
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SECTION 1. Section 31A of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
No person shall remove or transport garbage, offal or other offensive substances or deliver or install dumpsters throughout the commonwealth without first obtaining a permit from the board of health of the city or town in which the person’s place of business is located. Said permit shall authorize said person to remove or transport garbage, offal or other offensive substances or deliver or install a dumpster throughout the commonwealth, and no other permit shall be required; provided, that nothing in this section shall exempt a person from obtaining a street occupancy permit as may be required by law, regulation, ordinance or by-law for the delivery or installation of a dumpster on a public way, provided, that a person shall not be required to obtain such street occupancy permit for the delivery or installation of a dumpster at a private residence so long as the dumpster is delivered or installed on private property and not on a public way. Said person shall remove and transport said substances, and deliver and install said dumpsters, in accordance with state and federal laws and regulations; provided that no state or local rules or regulations shall restrict the hours of the day when garbage, offal or other offensive substances may be collected in areas zoned for business, commercial or industrial use. An application for a permit from the board of health to transport garbage, offal or other offensive substances or deliver dumpsters pursuant to this section shall be in such form and contain such information, on oath, as such board shall require. Said permits shall expire at the end of the calendar year in which they are issued, but may be renewed annually on application as herein provided; provided further, that said permit shall cost no more than $150 annually. No permit shall be transferred except with the approval of the said board.
SECTION 2. The second paragraph of said section 31A of said chapter 111, as so appearing, is hereby amended by striking out the first sentence.
SECTION 3. Section 31B of said chapter 111, as so appearing, is hereby amended by striking out the first sentence.
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An Act relative to certified medication aides
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H2243
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HD886
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{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T14:53:35.303'}
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[{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T14:53:35.3033333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-12T21:33:46.76'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-12T21:33:46.76'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-12T21:33:46.76'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-12T21:33:46.76'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-12T21:34:04.0233333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-03T15:31:28.87'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-22T09:43:59.5766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-06T10:54:05.69'}]
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Bill
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By Representative Murray of Milford, a petition (accompanied by bill, House, No. 2243) of Brian W. Murray and others relative to certified medication aides. Public Health.
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SECTION 1. Chapter 111, as appearing in the Massachusetts General Laws 2018 Edition, is hereby amended by inserting, after section 72BB the following new section:-
Section 72CC. (a) As used in this section the following words shall have the following meaning:- A certified medication aide means a staff member, who meets the eligibility requirements, has successfully completed the required training and competency testing developed by the Department of Public Health, and is considered competent to administer medications to residents in long-term care facilities.
(b) The Department shall create a program for the administration of medications in long-term care facilities by certified medication aides in consultation with all necessary and relevant appropriate agencies, and licensing boards.
(c) The Department shall develop and approve training curricula, competency evaluation procedures, standards for qualifications of applicants for certification and monitoring and oversight requirements for participating long-term care facilities.
(d) The Department shall establish regulations that include: (1) provisions for continuing education requirements for certified medication aides;
(2) requirements for re-certification of certified medication aides on a biennial basis; and (3) fees for the issuance of certification to certified medication aides.
(e) The Department shall allow for the creation of apprenticeship programs for currently employed resident care assistants (RCAs) and certified nurse aides (CNAs) to become certified medication aides.
(f) The Department may promulgate rules and regulations to carry out the provisions of this section.
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An Act providing for consumer access to and the right to practice complementary and alternative health care services
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H2244
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HD953
| 193
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{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T16:29:04.873'}
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[{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T16:29:04.8733333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-03-14T16:30:15.0333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-17T11:32:20.8633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-17T11:32:20.8633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-17T11:32:20.8633333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-17T11:32:20.8633333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-17T11:32:20.8633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-12T21:34:21.1166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-01T13:42:07.9466667'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-04-05T09:23:19.63'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-04-03T12:47:35.0133333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-04-03T16:32:49.25'}]
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Bill
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By Representative Murray of Milford, a petition (accompanied by bill, House, No. 2244) of Brian W. Murray and others relative to consumer access and the right to practice complementary and alternative health care services. 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 adding the following section:-
Section 276. (a) As used in this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:-
“complementary and alternative health care practitioner”, an individual who provides complementary and alternative health care services for remuneration or holds oneself out to the public as a provider of complementary and alternative health care services and who is not licensed, certified, or registered as a health care practitioner by the state of Massachusetts.
"complementary and alternative health care services", the broad domain of health and healing therapies and methods of practice not prohibited by subsection (e).
(b) A complementary and alternative health care practitioner who is providing complementary and alternative health care services shall not be in violation of any provisions of this chapter relative to the licensing of health care professionals unless the practitioner:
(i) fails to fulfill the duties of disclosure set forth in subsection (c); or
(ii) engages in any activity prohibited by subsection (e).
(c) A complementary and alternative health care practitioner shall, prior to providing services to a client for the first time, disclose the following information to the client in a plainly worded written document:
(i) the practitioner’s name, title, and business address and telephone number;
(ii) a description of the complementary and alternative health care services to be provided;
(iii) the practitioner’s degrees, training, experience, credentials, or other qualifications if any, relative to the complementary and alternative health care services being provided; and
(iv) a statement that any client records and transactions with the complementary and alternative health care practitioner are confidential unless the release of these records is authorized in writing by the client or otherwise provided by law.
(d) Before providing complementary and alternative health care services to a client, a complementary and alternative health care practitioner shall obtain a written acknowledgment from the client stating that he or she has been provided with the information described in subsection (c). The acknowledgement shall be maintained for 2 years by the practitioner.
(e) A complementary and alternative health care practitioner shall not:
(i) perform surgery or any other procedure that punctures the skin of a person;
(ii) use radiation, radioactive substances or local, general or spinal anesthesia;
(iii) prescribe or administer any form of fluoroscopy on any person;
(iv) prescribe or administer a prescription drug or controlled substance or a prescription medical device;
(v) provide a medical disease diagnosis;
(vi) perform a chiropractic adjustment;
(vii) represent that they practice massage therapy; or
(viii) hold out, state, indicate, advertise, or imply to any person that he or she is a health care provider licensed, certified, or registered by the commonwealth.
(f) This section shall not apply to, control, or prevent any health care professional licensed, certified, or registered by the commonwealth from practicing lawfully and in accordance with any general or special law relative to their professional practice or pursuant to any other general or special law.
(g) This section shall not apply to, control, or prevent any acts or persons that would otherwise be permitted by law.
SECTION 2. Section 1 shall take effect on January 1, 2024.
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An Act to strengthen the direct care and dementia workforce
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H2245
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HD634
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T21:18:08.21'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T21:18:08.21'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T15:06:10.4633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-10T16:13:41.7133333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-05T12:36:39.3066667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-17T09:54:44.2066667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T10:16:17.75'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-02T15:10:20.99'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:35:07.52'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-08-22T07:49:24.03'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-12T13:25:44.3733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T10:56:25.0666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-03T14:13:53.5566667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-06-08T13:56:37.5033333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T14:29:15.11'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-13T11:18:13.2066667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-04-21T15:09:14.1333333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:53:44.9466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-22T14:28:48.8666667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T15:12:34.3333333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-08T13:49:35.8'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-06T16:29:37.4733333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-10T15:17:28.33'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T12:14:30.4333333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-23T09:57:58.5166667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-13T09:46:04.82'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-10-02T10:08:02.9366667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-01T15:28:34.6533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-25T13:07:35.9766667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:25:36.7433333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T12:30:23.3666667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T11:01:30.01'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T10:06:05.8633333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-12T20:19:23.8433333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-09T17:05:40.1633333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T15:26:46.42'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T17:08:49.5533333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T11:06:31.7366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-09T11:34:06.91'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-21T16:14:20.93'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-24T12:13:45.6633333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-06-08T14:21:33.58'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-10T09:00:56.7333333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-02T07:38:50.51'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-17T09:39:34.51'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-10T14:30:34.9166667'}]
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Bill
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By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 2245) of Tram T. Nguyen and others for legislation to strengthen the direct care and dementia workforce. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as so appearing, is hereby amended in Section 25N (a) (2) by inserting after the words “obstetrics/gynecology” in lines 7-8, the following words:-
“, geriatrics, geriatric psychiatry, neurology, neuropsychology”.
SECTION 2. Said Chapter 111 is further amended by inserting after section 2J the following two sections:-
Section 2K. Certified Nursing Assistant (CNA) pilot program
(a) Notwithstanding any general or special law to the contrary, the executive office of health and human services, in conjunction with the executive office of labor and workforce development, shall establish and implement a Certified Nursing Assistant (CNA) pilot program. The executive office of health and human services shall establish partnerships with employers who are seeking individuals with CNA certification. The pilot program shall offer free CNA training and testing to up to 1000 individuals in at least three geographically diverse areas of the state experiencing high levels of direct care workforce shortages. Upon pilot participants’ completion of training and testing, the executive office of health and human services shall connect pilot participants with partner employers.
(b) The executive office of health and human services shall coordinate a public awareness campaign that encourages enrollment in the pilot program and a career in the direct care workforce.
(c) If a graduate of the pilot program is employed by a long term care facility or with a home and community based services provider for at least 12 months, as certified by the employer, the executive office of health and human services shall pay the graduate an additional $1000.00.
(d) The pilot program shall begin within one year of passage of this act.
(e) No later than 2 years after implementation of the pilot program, the executive office of health and human services shall report on the results of the pilot program and offer findings and recommendations for subsequent state action related to the pilot program to the Governor, Speaker of the House of Representatives, Senate President, house and senate committees on ways and means, the joint committee on labor and workforce development, the joint committee on elder affairs, the joint committee on health care financing and the Massachusetts Advisory Council on Alzheimer’s Disease and All Other Dementias.
Section 2L. Nursing Career Pathway
Notwithstanding any general or special law to the contrary, the executive office of health and human services, in conjunction with the executive office of labor and workforce development, shall establish and implement a home health aide to certified nursing assistant to licensed practical nurse (HHA-CNA-LPN) career pathway. The plan for the pathway programs must include programs in at least three geographically diverse areas of the state experiencing high levels of direct care workforce shortages for corresponding health professions and incorporate the participation of local MassHire Workforce Boards for implementation.
The HHA-CNA-LPN career pathway program shall begin within one year of passage of this act.
No later than 2 years after implementation of the career pathway program, the executive office of health and human services shall report on the results of the program and offer findings and recommendations for subsequent state action related to the career pathway program to the house and senate committees on ways and means, the joint committee on labor and workforce development, the joint committee on elder affairs and the joint committee on health care financing.
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An Act relative to end of life options
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H2246
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HD2342
| 193
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{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T00:21:03.55'}
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:28:11.567'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2246/DocumentHistoryActions
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Bill
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By Representatives O'Day of West Boylston and Philips of Sharon, a petition (accompanied by bill, House, No. 2246) of James J. O'Day, Edward R. Philips and others for legislation to authorize attending physicians to prescribe medical aid in dying medication that will end the life of patients in a peaceful manner. Public Health.
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The General Laws are hereby amended by inserting after Chapter 201F the following chapter:-
CHAPTER 201G
MASSACHUSETTS END OF LIFE OPTIONS ACT
Section 1. For the purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Adult”, an individual who is 18 years of age or older.
“Attending physician”, a physician who has primary responsibility for the care of the patient and treatment of the patient’s terminal disease.
“Consulting physician”, a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a terminally ill patient’s condition.
“Counseling”, one or more consultations as necessary between a licensed mental health care professional and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.
“Guardian”, an individual who has qualified as a guardian of an incapacitated person pursuant to court appointment and includes a limited guardian, special guardian and temporary guardian, but excludes one who is merely a guardian ad litem as defined in section 5-101 of article V of chapter 190B. Guardianship shall not include a health care proxy as defined by chapter 201D.
“Health care provider”, an individual licensed, certified, or otherwise authorized or permitted by law to diagnose and treat medical conditions, and prescribe and dispense medication, including controlled substances.
“Incapacitated person”, an individual who for reasons other than advanced age or being a minor, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance. An “incapacitated person” shall be defined consistent with the definition of an individual described in section 5-101 of article V of chapter 190B.
“Informed decision”, a decision by a mentally capable individual to request and obtain a prescription for medication pursuant to this chapter that the individual may self-administer to bring about a peaceful death, after being fully informed by the attending physician and consulting physician of:
(a) The individual’s diagnosis and prognosis;
(b) The potential risk associated with taking the medication to be prescribed;
(c) The probable result of taking the medication to be prescribed;
(d) The feasible end-of-life care and treatment options for the individual’s terminal disease, including but not limited to comfort care, palliative care, hospice care and pain control, and the risks and benefits of each as defined in section 227 of chapter 111; and
(e) The individual’s right to withdraw a request pursuant to this chapter, or consent for any other treatment, at any time.
”Licensed mental health care professional”, a treatment provider who is a psychiatrist, psychologist, psychiatric social worker or psychiatric nurse and others who by virtue of education, credentials, and experience are permitted by law to evaluate and care for the mental health needs of patients.
“Medical aid in dying”, the practice of evaluating a request, determining qualification, performing the duties in sections 6, 7 and 8, and providing a prescription to a qualified individual pursuant to this chapter.
“Medically confirmed,” the medical opinion of the attending physician has been confirmed by a consulting physician who has examined the patient and the patient’s relevant medical records.
“Medication”, aid in dying medication.
“Mentally capable”, in the opinion of the attending physician or licensed mental health care professional, the individual requesting medication pursuant to this chapter has the ability to make and communicate an informed decision.
“Palliative care”, a health care treatment as defined in section 227 of chapter 111, including interdisciplinary end-of-life care and consultation with patients and family members, to prevent or relieve pain and suffering and to enhance the patient’s quality of life, including hospice.
“Patient”, an individual who has received health care services from a health care provider for treatment of a medical condition.
“Physician”, a doctor of medicine or osteopathy licensed to practice medicine in Massachusetts by the board of registration in medicine.
“Qualified patient”, a mentally capable adult who is a resident of Massachusetts, has been diagnosed as being terminally ill, and has satisfied the requirements of this chapter.
“Resident”, an individual who demonstrates residency in Massachusetts by presenting one form of identification which may include but is not limited to:
(a) possession of a Massachusetts driver’s license;
(b) proof of registration to vote in Massachusetts;
(c) proof that the individual owns or leases real property in Massachusetts;
(d) proof that the individual has resided in a Massachusetts health care facility for at least 3 months;
(e) computer-generated bill from a bank or mortgage company, utility company, doctor, or hospital;
(f) a W-2 form, property or excise tax bill, or Social Security Administration or other pension or retirement annual benefits summary statement dated within the current or prior year;
(g) a MassHealth or Medicare benefit statement; or
(h) filing of a Massachusetts tax return for the most recent tax year.
“Self-administer”, a qualified patient’s act of ingesting medication obtained under this chapter.
“Terminally ill”, having a terminal illness or condition which can reasonably be expected to cause death within 6 months, whether or not treatment is provided.
Section 2. (a) A patient wishing to receive a prescription for medication under this chapter shall make an oral request to the patient's attending physician. No less than 15 days after making the request the patient shall submit a written request to the patient's attending physician in substantially the form set in section 4.
(b) A terminally ill patient may voluntarily make an oral request for medical aid in dying and a prescription for medication that the patient can choose to self-administer to bring about a peaceful death if the patient:
(1) is a mentally capable adult;
(2) is a resident of Massachusetts; and
(3) has been determined by the patient’s attending physician to be terminally ill.
(c) A patient may provide a written request for medical aid in dying and a prescription for medication that the patient can choose to self-administer to bring about a peaceful death if the patient:
(1) has met the requirements in subsection (b);
(2) has been determined by a consulting physician to be terminally ill; and
(3) has had no less than 15 days pass after making the oral request.
(d) A patient shall not qualify under this chapter if the patient has a guardian.
(e) A patient shall not qualify under this chapter solely because of age or disability.
Section 3. (a) A valid written request must be witnessed by at least two individuals who, in the presence of the patient, attest that to the best of their knowledge and belief that patient is:
(1) personally known to the witnesses or has provided proof of identity;
(2) acting voluntarily; and
(3) not being coerced to sign the request.
(b) At least one of the witnesses shall be an individual who is not:
(1) a relative of the patient by blood, marriage, or adoption;
(2) an individual who at the time the request is signed would be entitled to any portion of the estate of the qualified patient upon death under any will or by operation of law;
(3) financially responsible for the medical care of the patient; or
(4) an owner, operator, or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident.
(c) The patient's attending physician at the time the request is signed shall not serve as a witness.
(d) If the patient is a patient in a long-term care facility at the time the written request is made, one of the witnesses shall be an individual designated by the facility.
Section 4.
REQUEST FOR MEDICAL AID IN DYING MEDICATION PURSUANT TO THE MASSACHUSETTS END OF LIFE OPTIONS ACT
I,. . . . . . . . . . . . . . . , am an adult of sound mind and a resident of the State of Massachusetts. I am suffering from . . . . . . . . . . . . . . , which my attending physician has determined is a terminal illness or condition which can reasonably be expected to cause death within 6 months. This diagnosis has been medically confirmed as required by law.
I have been fully informed of my diagnosis, prognosis, the nature of the medical aid in dying medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives and additional treatment opportunities, including, but not limited to, comfort care, palliative care, hospice care, and pain control.
I request that my attending physician prescribe medical aid in dying medication that will end my life in a peaceful manner if I choose to take it, and I authorize my attending physician to contact any pharmacist to fill the prescription.
I understand that I have the right to rescind this request at any time. I understand the full import of this request and I expect to die if I take the medical aid in dying medication to be prescribed. I further understand that although most deaths occur within three hours, my death may take longer and my physician has counseled me about this possibility. I make this request voluntarily, without reservation, and without being coerced, and I accept full responsibility for my actions.
Signed:. . . . . . . . . . . . . . . Dated:. . . . . . . . . . . . . .
DECLARATION OF WITNESSES
By signing below, on the date the patient named above signs, we declare that the patient making and signing the above request is personally known to us or has provided proof of identity, and appears not to be under duress, fraud, or undue influence.
Printed Name of Witness 1: . . . . . . . . . . . . . . .
Signature of Witness l/Date:. . . . . . . . . . . . . . .
Printed Name of Witness 2:. . . . . . . . . . . . . . .
Signature of Witness 2/Date:. . . . . . . . . . . . . . .
Section 5. (a) A qualified patient may at any time rescind the request for medication under this chapter without regard to the qualified patient's mental state.
(b) A prescription for medication under this chapter may not be written without the attending physician offering the qualified patient an opportunity to rescind the request for medication.
Section 6. (a) The attending physician shall:
(1) make the initial determination of whether an adult patient:
(i) is a resident of this state;
(ii) is terminally ill;
(iii) is mentally capable; and
(iv) has voluntarily made the request for medical aid in dying.
(2) ensure that the patient is making an informed decision by discussing with the patient:
(i) the patient’s medical diagnosis;
(ii) the patient’s prognosis;
(iii) the potential risks associated with taking the medication to be prescribed;
(iv) the probable result of taking the medication to be prescribed; and
(v) the feasible alternatives and additional treatment opportunities, including, but not limited to, palliative care as defined in section 227 of chapter 111.
(3) refer the patient to a consulting physician to medically confirm the diagnosis and prognosis and for a determination that the patient is mentally capable and is acting voluntarily;
(4) refer the patient for counseling pursuant to section 8;
(5) ensure that sections 6 through 8, inclusive, are followed in chronological order;
(6) have a prior clinical relationship with the patient, unless the patient’s primary care physician is unwilling to participate;
(7) recommend that the patient notify the patient's family or any person who plays a significant role in an individual’s life;
(8) recommend that the patient complete a Medical Order for Life-Sustaining Treatment form;
(9) counsel the patient about the importance of:
(i) having another individual present when the patient takes the medication prescribed under this chapter; and
(ii) not taking the medication in a public place;
(10) inform the patient that the patient may rescind the request for medication at any time and in any manner;
(11) verify, immediately prior to writing the prescription for medication, that the patient is making an informed decision;
(12) educate the patient on how to self-administer the medication;
(13) fulfill the medical record documentation requirements of section 13;
(14) ensure that all appropriate steps are carried out in accordance with this chapter before writing a prescription for medication for a qualified patient; and
(15) (i) dispense medications directly, including ancillary medications intended to facilitate the desired effect to minimize the patient's discomfort, if the attending physician is authorized under law to dispense and has a current drug enforcement administration certificate; or
(ii) with the qualified patient’s written consent;
(A) contact a pharmacist, inform the pharmacist of the prescription, and
(B) deliver the written prescription personally, by mail, or by otherwise permissible electronic communication to the pharmacist, who will dispense the medications directly to either the patient, the attending physician, or an expressly identified agent of the patient. Medications dispensed pursuant to this paragraph shall not be dispensed by mail or other form of courier.
(b) The attending physician may sign the patient's death certificate which shall list the underlying terminal disease as the cause of death.
Section 7. (a) Before a patient may be considered a qualified patient under this chapter the consulting physician shall:
(1) examine the patient and the patient's relevant medical records;
(2) confirm in writing the attending physician's diagnosis that the patient is suffering from a terminal illness; and
(3) verify that the patient:
(i) is mentally capable;
(ii) is acting voluntarily; and
(iii) has made an informed decision.
Section 8. (a) An attending physician shall refer a patient who has requested medical aid in dying medication under this chapter to counseling to determine that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. The licensed mental health professional shall review the medical history of the patient relevant to the patient’s current mental health and then shall submit a final written report to the prescribing physician.
(b) The medical aid in dying medication may not be prescribed until the individual performing the counseling determines that:
(1) the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment; and
(2) there is no reason to suspect coercion in the patient’s decision-making process.
Section 9. A qualified patient may not receive a prescription for medical aid in dying medication pursuant to this chapter unless the patient has made an informed decision. Immediately before issuing a prescription for medical aid in dying medication under this chapter the attending physician shall verify that the qualified patient is making an informed decision.
Section 10. The attending physician shall recommend that a patient notify the patient's family or any person who plays a significant role in an individual’s life of the patient's request for medical aid in dying medication pursuant to this chapter. A request for medical aid in dying medication shall not be denied because a patient declines or is unable to notify the family or any person who plays a significant role in an individual’s life.
Section 11. The following items shall be documented or filed in the patient's medical record:
(1) the determination and the basis for determining that a patient requesting medical aid in dying medication pursuant to this chapter is a qualified patient;
(2) all oral requests by a patient for medical aid in dying medication;
(3) all written requests by a patient for medical aid in dying medication made pursuant to sections 3 through 5, inclusive;
(4) the attending physician's diagnosis, prognosis, and determination that the patient is mentally capable, is acting voluntarily, and has made an informed decision;
(5) the consulting physician's diagnosis, prognosis, and verification that the patient is mentally capable, is acting voluntarily, and has made an informed decision;
(6) a report of the outcome and determinations made during counseling;
(7) the attending physician's offer before prescribing the medical aid in dying medication to allow the qualified patient to rescind the patient's request for the medication;
(8) other care options that were offered to the patient, including, but not limited to, hospice and palliative care; and
(9) a note by the attending physician indicating:
(a) that all requirements under this chapter have been met; and
(b) the steps taken to carry out the request, including a notation of the medication prescribed.
Section 12. Any medical aid in dying medication dispensed under this chapter that was not self-administered shall be disposed of by lawful means. The medication dispenser shall be responsible for informing the individual collecting the medication what disposal by lawful means entails.
Section 13. Physicians shall keep a record of the number of requests for medical aid in dying medication; number of prescriptions written; number of requests rescinded; the number of qualified patients that took the medication under this chapter; the general demographic and socioeconomic characteristics of the patient, and any physical disability of the patient. This data shall be reported to the department of public health annually, and shall subsequently be made available to the public.
Section 14. (a) Any provision in a contract, will, or other agreement, whether written or oral, to the extent the provision would affect whether a patient may make or rescind a request for medical aid in dying medication pursuant to this chapter, is not valid.
(b) A qualified patient's act of making or rescinding a request for medical aid in dying shall not provide the sole basis for the appointment of a guardian or conservator.
(c) A qualified patient’s act of self-administering medical aid in dying medication obtained pursuant to this act shall not constitute suicide or have an effect upon any life, health, or accident insurance or annuity policy.
(d) Actions taken by health care providers and patient advocates supporting a qualified patient exercising his or her rights pursuant to this chapter, including being present when the patient self-administers medical aid in dying medication, shall not for any purpose, constitute elder abuse, neglect, assisted suicide, mercy killing, or homicide under any civil or criminal law.
(e) State regulations, documents and reports shall not refer to the practice of medical aid in dying under this chapter as "suicide" or "assisted suicide."
Section 15. (a) A health care provider may choose not to practice medical aid in dying.
(b) A health care provider or professional organization or association may not subject an individual to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for participating or refusing to participate in providing medical aid in dying medication to a qualified patient under this chapter.
(c) If a health care provider is unable or unwilling to carry out a patient's request under this chapter and the patient transfers care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the patient's relevant medical records to the new health care provider.
(d) (1) Health care providers shall maintain and disclose upon request their written policies outlining the extent to which they refuse to participate in providing to a qualified patient any medical aid in dying medication under this chapter.
(2) The required consumer disclosure shall at minimum:
(i) include information about this chapter;
(ii) identify the specific services in which the health care provider refuses to participate;
(iii) clarify any difference between institution-wide objections and those that may be raised by individual licensed providers who are employed or work on contract with the provider;
(iv) describe the mechanism the provider will use to provide patients a referral to another provider or provider in the provider’s service area who is willing to perform the specific health care service;
(v) describe the provider’s policies and procedures relating to transferring patients to other providers who will implement the health care decision; and
(vi) inform consumers that the cost of transferring records will be borne by the transferring provider.
(c) The consumer disclosure shall be provided to an individual upon request.
(d) A health care entity that prohibits health care providers from qualifying, prescribing, or dispensing medication pursuant to this chapter while they are performing duties for the entity shall provide notice of such policy to the public by posting the information on its website.
Section 16. (a) Purposely or knowingly altering or forging a request for medical aid in dying medication under this chapter without authorization of the patient or concealing or destroying a rescission of a request for medical aid in dying medication is punishable as a felony if the act is done with the intent or effect of causing the patient's death.
(b) An individual who coerces or exerts undue influence on a patient to request medical aid in dying medication, or to destroy a rescission of a request, shall be guilty of a felony punishable by imprisonment in the state prison for not more than 3 years or in the house of correction for not more than 2½ years or by a fine of not more than $1,000 or by both such fine and imprisonment.
(c) Nothing in this chapter limits further liability for civil damages resulting from other negligent conduct or intentional misconduct by any individual.
(d) The penalties in this chapter do not preclude criminal penalties applicable under other law for conduct inconsistent with the provisions of this chapter.
Section 17. A governmental entity that incurs costs resulting from a qualified patient self-administering medical aid in dying medication in a public place while acting pursuant to this chapter may submit a claim against the estate of the patient to recover costs and reasonable attorney fees related to enforcing the claim.
Section 18. If an emergency medical provider finds a patient who has self-administered medical aid in dying medication, they shall follow standard resuscitation protocol. If a Medical Order for Life-Sustaining Treatment or other legally recognized do-not-resuscitate order is found, then the medical provider shall follow the directives of the form.
Section 19. Nothing in this chapter may be construed to authorize a physician or any other individual to end a patient's life by lethal injection, mercy killing, assisted suicide, or active euthanasia.
Section 20. If any provision of this chapter or its application to any individual or circumstance is held invalid, the remainder of the act or the application of the provision to other individuals or circumstances is not affected.
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An Act relative to safe patient handling and mobility in certain health facilities
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H2247
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HD2350
| 193
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T15:48:14.363'}
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[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T15:48:14.3633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-24T16:04:23.4833333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-24T16:04:23.4833333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T11:16:36.6233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T11:16:36.6233333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-26T11:16:36.6233333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-27T11:35:52.6233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T11:35:52.6233333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-27T11:35:52.6233333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T10:57:34.8433333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T10:57:34.8433333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T10:50:06.66'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-14T12:54:55.5833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T12:54:55.5833333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-16T09:14:52.47'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:09:09.55'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-02T11:44:29.37'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-03-02T11:44:29.37'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-02T11:44:29.37'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-02T11:44:29.37'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2247/DocumentHistoryActions
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Bill
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By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 2247) of Sarah K. Peake and others relative to safe patient handling and mobility in certain health facilities. Public Health.
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Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 91C the following section:-
Section 91D. As used in this section, the following words, shall, unless the context clearly requires otherwise, have the following meanings:-
“Department”, the department of public health.
“Health care facility”, any hospital licensed pursuant to sections 51 and 52 and the teaching hospital of the university of Massachusetts medical school, which contains a majority of medical-surgical, pediatric, obstetric, and maternity beds, as defined by the department, any institution, 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 for diagnosis, medical, surgical, or restorative treatment which is rendered within said institution , any licensed private, public or state-owned and operated general acute care rehabilitation hospital or unit, any licensed private, public or state-owned and operated general acute care psychiatric hospital or unit, any nursing home as defined in section 71 and any long term care facility as defined in section 71, and long term care facilities, including any institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for four or more persons admitted thereto for nursing or convalescent care, as defined in section 71.
“Direct caregiver”, any health facility personnel or lift team member who lifts, transfers, or repositions patients or equipment.
“Lifting and transferring process”, a system whereby patients and situations are identified based on the potential risk of injury to both the patient and health care worker from lifting, transferring, or moving that patient.
“Needs assessment”, an evaluation of lift and transfer needs, resources, and capabilities with recommendations on procedures to be followed and resources available to lift and transfer patients safely.
“Patient”, an individual who receives health services at a hospital, health care facility, or long term care facility.
“ Patient care ergonomic evaluation ”, evaluation performed in all direct patient care areas including but not limited to acute care, critical care, rehabilitation, radiology, operating room, urgent care, therapy departments, long term care, outpatient service, etc. following guidance from the Patient Care Ergonomics Resource Guide: Safe Patient Handling and Movement put forward by the Veterans Administration, the most recent OSHA Guidelines for Nursing Homes: Ergonomics for the Prevention of Musculoskeletal Disorders or other accepted guidance documents to identify ergonomic control measures for decreasing risk of injury from patient handling and moving activities.
“Qualified personnel”, person(s) accountable and responsible for the ongoing education and knowledge of patient needs assessment, engineering equipment and patient ergonomics.
“Resident”, an individual who resides in a long term care facility.
“Safe patient handling and mobility policy”, a written statement describing the replacement of manual lifting and transferring of patients and equipment with powered transfer devices, lifting devices, and consistent with a needs assessment and mandating the replacement of manual lifting and transferring of patients with techniques using current patient handling equipment and technology to lift patients unless specifically contraindicated for a patient’s condition or medical status. Such technology and equipment includes, but is not limited to mechanical lifting devices, lateral transfer aids, friction reducing devices, fast electric beds, motorized beds, and other equipment, consistent with clinical unit/area patient care ergonomic evaluation recommendations. Such policy shall also require the use of individual patient handling assessments for each patient or resident requiring assistance.
Within six months of the date of enactment, each health care facility shall establish a safe patient handling and mobility committee through the creation of a new committee or by assigning the functions of a safe patient handling committee to an existing committee. The purpose of the committee is to design and recommend the process for implementing a safe patient handling and mobility program and to oversee the implementation of the program. At least half the members of the safe patient handling committee shall be non-managerial employees who provide direct care to patients and shall include but not be limited to nurses, certified nursing assistants, physical therapists, occupational therapists, maintenance staff and infection control employees.
By December 1, 2023, the governing body of a hospital or the quality assurance committee of a nursing home shall adopt and ensure implementation of a safe patient handling and mobility program to identify, assess, and develop strategies to control risk of injury to patients and direct caregivers associated with the lifting, transferring, repositioning, or movement of a patient or equipment, such that manual lifting or transfer of patients is minimized in all cases and eliminated when feasible and manual patient handling or movement of all or most of a patient’s weight is restricted to emergency, life-threatening, or otherwise exception circumstances. As part of this program, each facility shall:
(1) Conduct a comprehensive analysis of the risk of injury to both patients and direct caregivers posed by the patient handling needs of the patient populations served by the healthcare facility and the physical environment in which patient and equipment handling and movement occurs, through:
(a) Evaluate alternative ways to reduce risks associated with patient and equipment handling, including evaluation of equipment and patient care and patient support environments;
(b) Conduct individual patient care ergonomic evaluations in all patient care areas, following guidance from the Patient Care Ergonomics Resource Guide: Safe Patient Handling and Movement put forward by the Veterans Administration, the most recent OSHA Guidelines for Nursing Homes: Ergonomics for the Prevention of Musculoskeletal Disorders or other accepted guidance documents to identify ergonomic control measures for decreasing risk of injury from patient handling and moving activities.
(c) Develop and implement safe patient handling and mobility policies based on the needs of all shifts and units of the facility.
(2) Conduct a comprehensive analysis of the benefits of early and consistent mobility to the patient population served by the healthcare facility.
(3) Identify and list the type and quantity of patient handling equipment and other equipment required on each clinical unit or area and ensure that the purchase and acquisition of all such equipment is incorporated into the safe patient handling program. Patient handling measures, patient handling equipment and technology shall include but not be limited to mechanical lifting devices, lateral transfer aids, friction reducing devices, and motorized beds.
(4) Provide patient handling equipment and technology as stipulated in section (3) which is appropriate for each clinical area and patient or resident population, to reduce the risk of injury to direct caregivers, patients or residents.
(5) Provide specialized training in safe patient handling by qualified personnel to all direct caregivers who lift, transfer, or reposition patients, including but not limited to demonstration of proficiency in safe techniques for lifting or transferring patients and the appropriate use of lifting or transferring devices and equipment. Health care facilities must train staff on policies, equipment, and devices at least annually.
(6) Develop procedures for direct caregivers to refuse to perform or be involved in patient and equipment handling or movement that the direct caregiver believes in good faith will expose a patient or a direct caregiver to an unacceptable risk of injury without subjecting such direct caregiver to disciplinary action.
(7) Prepare an annual performance evaluation report and submit to the governing body or the quality assurance committee on activities related to both the identification, assessment, and development of strategies to control risk of injury to patients and direct caregivers associated with the lifting, transferring, repositioning, or movement of a patient with statistics on the numbers and types of injury to the facilities health care workers and patients and any improvements to patient outcomes due to increased mobility, including but not limited to length of stay;
(8) Track, publish and disseminate annual injury data including: the financial cost of all safe patient and equipment handling injuries suffered by employees and patients; the nature and cause of injury; date, shift, and unit statistics; cost to the institution and to employees and patients; and outcomes; to the extent permitted by privacy regulations.;
(9) Identify the type and quantity of patient handling equipment and other equipment required and ensure that the purchase of other acquisition of all such equipment is incorporated into the safe patient handling program; and
(10). Develop a comprehensive tracking system for all equipment purchased for the safe patient handling and mobility program, including ensuring proper maintenance of said equipment.
By December 30, 2024, health care facilities shall complete the acquisition of safe patient handling equipment determined to be required by their safe patient handling and mobility committee. Such equipment shall include, though not be limited to: (a) at least one readily available lift and all necessary components per unit unless the facility’s safe patient handling and mobility committee determines that more lifts are required on the unit.
The department shall ensure that every health care facility has in place a safe patient handling and mobility program and has completed the acquisition of all equipment and technology deemed necessary by the facility’s safe patient handling and mobility committee.
Within one year of passage, any development of architectural plans for constructing or remodeling a healthcare facility or a unit of a healthcare facility must incorporate patient handling equipment and the construction design needed to accommodate such equipment as deemed necessary by the safe patient handling and mobility committee.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act to reduce lead poisoning in children
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H2248
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HD3387
| 193
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{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T09:48:36.647'}
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[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T09:48:36.6466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2248/DocumentHistoryActions
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Bill
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By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 2248) of Alice Hanlon Peisch for legislation to reduce lead poisoning in children. Public Health.
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SECTION 1. Section 198 of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:-
No application for a criminal complaint for failure to comply with section 194 and 197 may be made unless there is reasonable cause to believe that the lead present in the premises which is the subject of the order to abate or contain are the proximate cause of elevated levels of lead in the blood of a child age six years or younger.
SECTION 2. Subsection (e) of section 197 of said chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:-
The director shall waive the requirements of this section if the remediation to contain or abate the lead presents a danger of lead poisoning to the children residing in the premises after remediation is complete.
SECTION 3. Section 192 of said chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:-
Included in such program shall be information regarding the potential for lead to be present in toys, jewelry, pottery and other objects to which children are regularly exposed.
SECTION 4. Section 194 of said chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second sentence the following sentence:-
Additionally, said program shall attempt to identify all objects likely to come into contact with children under the age of six that contain dangerous levels of lead.
And by amending the third sentence of said section by striking out the word “or” after the word “plaster” and inserting the words:- “, or other object” after the word “material”.
And by amending the second paragraph of said section by inserting after the word “reside” the words:- “, or spends three or more hours per day, such as a nursery or day care facility”.
And by amending the first sentence of the fourth paragraph of said section by inserting after the word “months” the words:- “and/or attended school or day care,”
And by amending the third sentence of the fifth paragraph of said section by inserting after the word “age” the words:- “and there is reasonable cause to believe that the poisoning was caused by the lead in the premises.”
SECTION 5. Section 192B of said chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
Included in such program shall be information on sources of lead to which children under the age of six may be exposed, including but not limited to paint in homes, and/or on the surface of jewelry, pottery, and toys, and other objects to which under the age of six are routinely exposed.
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An Act relative to the availability of prescription medication during an emergency
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H2249
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HD882
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:41:31.92'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:41:31.92'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2249/DocumentHistoryActions
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2249) of Edward R. Philips relative to the availability of prescription medication during an emergency. Public Health.
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Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 236. (a) The department shall, in consultation with the board of registration in pharmacy, the division of insurance, the office of Medicaid and the Massachusetts emergency management agency, develop and publicize a statewide plan for ensuring the availability of prescription medications during a state of emergency declared by the governor. The plan shall, at a minimum:
(1) allow for early refills of prescriptions, if the current amount that a patient possesses is not expected to last beyond 10 days of the date of the declaration of emergency; provided, however, that a pharmacist shall confirm such prescription with the prescriber before each refill;
(2) ensure that vehicles delivering medications to pharmacies and hospitals shall be given the same road access available to other emergency vehicles;
(3) coordinate among pharmaceutical manufacturers, wholesalers, distributors, pharmacists and other industry stakeholders;
(4) avoid duplicative or redundant supply chain infrastructure; and
(5) create a safety net system, including a toll-free telephone number and a website for persons to contact during the emergency for assistance in locating prescription medication, in the event no medications are available to them locally.
(b) If the governor declares a state of emergency pursuant to section 2A, chapter 639 of the acts of 1950, or any other applicable law, the commissioner shall implement the statewide plan for ensuring the availability of prescription medications for the duration of the state of emergency.
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An Act relative to Department of Transitional Assistance benefits for diapers
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H225
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HD65
| 193
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{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-06T11:50:04.213'}
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[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-06T11:50:04.2133333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-07-09T07:12:27.7433333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-08-02T11:24:59.1833333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-09-17T17:18:27.5166667'}]
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Bill
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By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 225) of Steven George Xiarhos relative to Department of Transitional Assistance benefits for diapers. Children, Families and Persons with Disabilities.
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SECTION 1. Section 1 of chapter 117A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:-
In addition to any other payment, the department shall pay a sum of $30 per month for the purchase of diapers to a recipient for each dependent child, as defined in section 1 of chapter 118.
SECTION 2. Section 2 of chapter 118 of the General Laws, as amended by section 1 of chapter 11 of the acts of 2019, is hereby amended by inserting after the first paragraph the following paragraph:-
In addition to any other payment, the department shall pay a sum of $30 per month for the purchase of diapers to a parent for each dependent child.
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An Act to improve outcomes for sudden cardiac arrest
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H2250
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HD2609
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T11:51:28.623'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T11:51:28.6233333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-01T11:45:15.1233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-01T11:45:15.1233333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T11:45:15.1233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-03T19:04:29.9266667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-09T16:08:04.8433333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T14:17:39.0766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-22T11:12:20.6533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-06-13T11:46:39.8733333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-13T11:46:39.8733333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-06-13T11:46:39.8733333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-13T11:46:39.8733333'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-06-15T14:19:08.34'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-23T11:40:03.2666667'}]
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2250) of Edward R. Philips and others for legislation to improve outcomes for sudden cardiac arrest by providing additional safeguards and resources. Public Health.
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SECTION 1. Subsection (b) of section 18B of chapter 6A, as appearing in the 2020 Official Edition, is hereby amended by striking out the figure "11" and inserting in place thereof the following figure:- “13”.
SECTION 2. Said subsection (b) of section 18B of chapter 6A, as so appearing, is hereby amended in line 42, by inserting after the words “Massachusetts Ambulance Association” the following words:- “, 1 of whom shall be a physician with a specialty in emergency medicine”;
and further in lines 42 through 44, by striking out “and 1 of whom shall be a manager or supervisor of a PSAP and a nominated representative of the Massachusetts Communication Supervisors Association” and inserting in place thereof the following language:-
“1 of whom shall be a sitting manager or supervisor of a PSAP serving a population of less than 50,000 people and a nominated representative of the Massachusetts Communication Supervisors Association and 1 of whom shall be a sitting manager or supervisor of a PSAP serving a population of more than 50,000 people and a nominated representative of the Massachusetts Communication Supervisors Association.”
SECTION 3. Subsection (g) of said section 18B of said chapter 6A, as so appearing, is hereby amended by adding the following sentence:-
The commission shall establish rules requiring PSAPs to complete quality assurance and quality improvement (QA/QI) processes for their telecommunicator CPR instructions, in accordance with nationally recognized standards, and provide procedures to report annually to the commission compliance and may adjust state grant or shared revenue amounts based on failure to comply with such rules.
SECTION 4. Section 12V ½ of chapter 112, as so appearing, is hereby amended by adding the following in subsections:-
(d) Notwithstanding any general or special law to the contrary, an AED registry shall be established for the purpose of allowing local 911 telecommunicator to locate accessible AEDs. Any AED used in a public access defibrillation program shall register the device through the PSAP medical control director (MCD).
(e) Notwithstanding any general or special law to the contrary, signage located throughout buildings shall clearly indicate AED locations.
SECTION 5. Notwithstanding any general or special law to the contrary, the department of public health shall include sudden cardiac arrest as a reportable disease.
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An Act assessing health care access
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H2251
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HD3150
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-20T10:10:52.2'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-20T10:10:52.2'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T08:07:16.6766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-25T08:07:16.6766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:53:56.11'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-31T16:34:53.0833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T16:34:53.0833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-31T16:34:53.0833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T16:34:53.0833333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-01-31T16:34:53.0833333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:46:49.9866667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-03T19:05:32.3833333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-03T19:05:32.3833333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T14:17:12.4066667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-12T10:56:42.67'}]
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2251) of Edward R. Philips and others that the Department of Public Health, the Health Policy Commission and the Center for Health Information Analysis study current access to 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 the following section:
The Department, in consultation with the Health Policy Commission and the Center for Health Information Analysis, shall commission a study to examine current access to essential health services, as defined by the department of public health under section 51G of chapter 111, provided by the Commonwealth’s acute care hospitals and in-patient psychiatric hospitals, the effect of the discontinuation of essential health services on that access, the projected need for those services in all regions of the Commonwealth over the next decade and provide recommendations as to how ensure access to those essential health services. This study shall include, but not be limited to (i) the current number of beds and services provided by each hospital in each region, including the most recent year’s admission and discharge data for each service by hospital; (ii) review discontinuations of essential health services by hospitals since 1992 and their effect on access to these essential health services; (ii) review hospital closures since 1992 and their effect on access to these essential health services;(iii) review plans provided to the department of public health following the discontinuation of essential services for compliance and identify where essential health services were provided following the discontinuation; (iv) calculate projected need for essential health services in each region; (v) calculate projected need, if any, for providers of essential health services to meet regional needs over the next decade; (vi) examine financial conditions that might lead to the discontinuation of essential health services, including but not limited to private and public reimbursement rates; (vii) identify essential health services by region that might be vulnerable to discontinuation over the next three years; (viii) examine the need for additional post in-patient discharge services (viii) Identify steps protect essential health services provided by financially vulnerable acute acre and inpatient psychiatric hospitals; (ix) review methods implemented in other states to discourage and manage the discontinuation of essential health services by acute care hospitals and in-patient psychiatric hospitals closures; and (x) recommend any policy changes to assure access to essential health services in all regions of the Commonwealth.
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An Act promoting best practices in youth athletic coaching
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H2252
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HD3301
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-20T11:47:43.537'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-20T11:47:43.5366667'}]
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2252) of Edward R. Philips relative to promoting best practices in youth athletic coaching. 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 244. YOUTH COACHING BEST PRACTICES
(a) Every municipal recreation department in the Commonwealth that oversees the operation of youth athletic activities shall establish a best practices curriculum for all coaches participating in municipal youth athletic activities. Said curriculum shall include, but not be limited to, online or in-person trainings that promote consideration of youth athletes’ mental health and the prevention of psychological and physical abuse related to participation in athletic activities.
(b) No individual shall coach an athletic activity unless the individual has completed, on an annual basis, the best practices training curriculum adopted by the municipality.
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An Act to improve oral health for all Massachusetts residents
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H2253
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HD111
| 193
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:47:23.967'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:47:23.9666667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-24T12:50:55.1533333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-20T10:11:07.45'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T14:38:31.8133333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-15T09:40:32.74'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T09:43:30.2166667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-27T15:04:47.6933333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:29:38.6533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-07T10:25:47.2333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T13:58:52.6766667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-20T14:10:01.2333333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T19:09:50.7933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-17T10:53:30.4466667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:41:52.9633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-20T12:45:59.1266667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-21T16:03:25.3466667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T15:22:51.4266667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-23T15:02:00.58'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:06:18.94'}]
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Bill
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By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 2253) of Smitty Pignatelli and others for legislation to expand patient access to oral health care. Public Health.
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SECTION 1. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 34H the following new section:-
Section 34I. A public school shall notify the parent or legal guardian of a pupil described in the second paragraph of section 57 of chapter 71 concerning the importance of oral health screenings. The department of public health in, consultation with the board of registration in dentistry, shall develop a standard form of notice containing at minimum the following: 1) information on the importance of primary teeth; 2) information on the importance of oral health to overall health as it relates to learning; 3) contact information for local public health departments; 4) information about programs and services to access affordable dental care.
SECTION 2. Section 7 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 80 and 81, the words "practical nurse or a licensed dental hygienist", and inserting in place thereof the following words:- practical nurse, or a licensed dental therapist under the supervision of a practitioner as defined in section 1 for the purposes of administering analgesics, anti-inflammatories and antibiotics only, or a licensed dental hygienist.
SECTION 3. Paragraph (a) of section 9 of said chapter 94C, as so appearing, is hereby amended by adding the following paragraph:-
A practitioner, as defined in section 1, may cause controlled substances to be administered under his direction by a licensed dental therapist, for the purposes of administering non-narcotic analgesics, anti-inflammatories and antibiotics only.
SECTION 4. Paragraph (c) of said section 9 of said chapter 94C, as so appearing, is hereby amended by adding the following paragraph:-
A licensed dental therapist who has obtained a controlled substance from a practitioner, as defined in section 1, for dispensing to an ultimate user pursuant to paragraph (a) shall return to such practitioner any unused portion of the substance which is no longer required by the patient.
SECTION 5. Subsection (a) of section 4O of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "disparities", in line 9, the following:-
The dental director shall be responsible for recruiting, monitoring the progress of, and supporting dental health providers. The dental director shall aim to increase the delivery of preventative dental services to underserved and vulnerable populations, including but not limited to, those residing in dental health provider shortage communities and pediatric and geriatric patients.
SECTION 6. Said section 4O of said chapter 111 is hereby further amended by inserting after the word "to", in line 32, the following word:- “annual”.
SECTION 7. Section 43A of chapter 112, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of "Appropriate supervision" the following 2 definitions:-
"Board", the board of registration in dentistry or a committee or subcommittee thereof established in the department of public health pursuant to sections 9 and 19 of chapter 13, chapter 30A and sections 43 to 53, inclusive.
"Collaborative management agreement", a written agreement that complies with section B between a dental therapist and a supervising dentist, as defined in section 43A, who holds a valid license issued pursuant to section 45, who agrees to provide the appropriate level of communication and consultation with a licensed dental therapist to ensure patient health and safety.
SECTION 8. Said section 43A of said chapter 112, as so appearing, is hereby further amended by inserting after the definition of "Dental hygienist" the following definition:-
"Dental therapist", a person who has been licensed by the board to practice dental therapy under section 51B, and who has the appropriate training and works pursuant to a collaborative management agreement as provided in section 51B.
SECTION 9. Said section 43A of said chapter 112, as so appearing, is hereby further amended by adding the following definition:-
"Supervising dentist", a dentist licensed in Massachusetts who is a provider enrolled in the division of medical assistance, or who works for an entity that is a provider enrolled in division of medical assistance, who maintains an active patient list and routinely provides care, and who enters into a collaborative management agreement with a licensed dental therapist.
SECTION 10. Said chapter 112, as so appearing, is hereby further amended by inserting after section 51A the following section:-
Section 51B. (a) Any person of good moral character, who: (i) is a graduate of a master's level dental therapist education program that includes both dental therapy and dental hygiene education, or an equivalent combination of both dental therapy education and dental hygiene education, if all education programs are accredited by the Commission on Dental Accreditation and provided by a post-secondary institution accredited by the New England Association of Schools and Colleges, Inc.; (ii) passes a comprehensive, competency-based clinical examination that is approved by the board and administered by a recognized national or regional dental testing service that administers testing for dentists and other dental professionals or equivalent examination administered by another entity approved by the board; and (iii) obtains a policy of professional liability insurance and shows proof of such insurance as required by rules and regulations shall, upon payment of a fee to be determined annually by the commissioner of administration under the provision of section 3B of chapter 7, be licensed as a dental therapist and be given a certificate to practice in this capacity. A licensed dental therapist shall have practiced under the direct supervision of a supervising dentist for a minimum of 2 years or 2,500 hours, whichever is longer, before practicing under general supervision pursuant to a collaborative management agreement.
For the purposes of this section, "general supervision" shall mean supervision of procedures and services based on a written collaborative management agreement between a licensed dentist and a licensed dental therapist but not requiring a prior exam or diagnosis by a supervising dentist or the physical presence of a supervising dentist during the performance of those procedures and services unless required by the supervising dentist in the collaborative management agreement.
(b) Any person licensed as a dental therapist under this section may also be registered as a dental hygienist and be given a certificate to practice in this capacity.
(c) An applicant for licensure as a dental therapist educated in the commonwealth must graduate from a master's level dental therapy education program that is accredited by the Commission on Dental Accreditation provided by a post-secondary institution accredited by the New England Association of Schools and Colleges, Inc. All dental therapy educational programs in the commonwealth must include at least one licensed dentist as an instructor. The board shall provide guidance for any educational entity or institution that may operate all or some portion of a master's level program, or may collaborate with other educational entities, including but not limited to universities, colleges, community colleges, and technical colleges, to operate all or some portion of a master's level program. The board may also provide guidance to develop mechanisms to award advanced standing to students who have completed coursework at other educational programs accredited by the Commission on Dental Accreditation. All education programs must prepare students to perform all procedures and services within the dental therapy scope of practice as set forth in this section.
The educational curriculum for a dental therapist educated in the commonwealth shall include training on serving patients with special needs including, but not limited to, people with developmental disabilities including autism spectrum disorders, mental illness, cognitive impairment, complex medical problems, significant physical limitations and the vulnerable elderly.
Not later than January 1, 2023, the board shall approve a comprehensive, competency-based clinical dental therapy examination that includes an assessment of technical competency in performing the procedures and services within the scope of practice as set forth in this section, to be administered by a recognized national or regional dental testing service that administers testing for dentists and other dental professionals. The examination shall be comparable to the examination given to applicants for a dental license but only for the limited scope of dental services in the dental therapy scope of practice as set forth in this section.
(d) The board shall grant a dental therapy license by examination to an applicant, upon payment of a fee as determined annually by the secretary of administration and finance under section 3B of chapter 7, provided the applicant is of good moral character and has: (i) met the eligibility requirements as defined by the board; (ii) submitted documentation to the board of a passing score on a comprehensive, competency-based clinical examination, or combination of examinations, that includes both dental therapy and dental hygiene components and is approved by the board and administered by a recognized national or regional dental testing service that administers testing for dentists and other dental professionals; and (iii) submitted to the board documentation of a passing score on the Massachusetts Dental Ethics and Jurisprudence Examination or any other successor examination. An applicant failing to pass the examination shall be entitled to re-examination pursuant to the rules and guidelines established by the Commission on Dental Competency Assessments, for which the applicant shall pay a fee as determined annually by the secretary of administration and finance under section 3B of chapter 7.
The board shall require as a condition of granting or renewing a license under this section, that the dental therapist apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. A dental therapist practicing in a dental therapist role who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.
The board shall grant a license by credentials, without further professional examination, to a dental therapist licensed in another jurisdiction, upon payment of a fee as determined annually by the secretary of administration and finance under section 3B of chapter 7, provided the applicant is of good moral character and has: (i) met the eligibility requirements as defined by the board; (ii) furnished the board with satisfactory proof of graduation from an education program, or combination of education programs, providing both dental therapy and dental hygiene education that meets the standards of the Commission on Dental Accreditation, provided, however, that an applicant who graduated from a dental therapy education program established before the Commission on Dental Accreditation established a dental therapy accreditation program is eligible notwithstanding the lack of accreditation of the program at the time the education was received; (iii) submitted documentation of a passing score on a dental therapy examination administered by another state or testing agency that is substantially equivalent to the board-approved dental therapy examination for dental therapists as defined in this section; (iv) submitted documentation of a passing score on the Massachusetts Dental Ethics and Jurisprudence Examination or any other successor examination; and (v) submitted documentation of completion of 2 years or 2,500 hours, whichever is longer, of practice. If such practice requirement is not met, a dental therapist shall be required to complete the remaining hours or years, whichever is longer, under direct supervision in the Commonwealth prior to practicing under general supervision.
(e) Pursuant to a collaborative management agreement, a dental therapist licensed by the board may perform: (i) all acts of a public health dental hygienist as set forth in regulations of the board and (ii) all acts in the Commission on Dental Accreditation's dental therapy standards. Dental therapists shall have the authority to perform an oral evaluation and assessment of dental disease and formulate an individualized treatment plan as authorized by the supervising dentist in the collaborative management agreement. A dental therapist may dispense and administer the following medications within the parameters of the collaborative management agreement and with the authorization of the supervising dentist: non-narcotic analgesics, anti-inflammatories and antibiotics. The authority to dispense and administer shall extend only to the categories of drugs identified in this paragraph and may be further limited by the collaborative management agreement. A dental therapist is prohibited from dispensing or administering narcotic analgesics. A dental therapist may oversee not more than 2 dental hygienists and 2 dental assistants, but shall not oversee public health dental hygienists.
After entering into a collaborative management agreement with a supervising dentist, dental therapists shall practice under direct supervision for not less than 2,500 clinical hours or two years, whichever is longer. After completing 2,500 clinical hours or two years, whichever is longer, of practice under direct supervision, dental therapists are authorized to perform all procedures and services listed in the Commission on Dental Accreditation's dental therapy standards and all procedures and services within the scope of a public health dental hygienist, as set forth in regulations by the board, under general supervision if authorized by a supervising dentist pursuant to a written collaborative agreement. In addition, the following procedures, referred to in this section as advanced procedures, may be performed under direct supervision: (i) preparation and placement of direct restoration in primary and permanent teeth; (ii) fabrication and placement of single-tooth temporary crowns; (iii) preparation and placement of preformed crowns on primary teeth; (iv) indirect and direct pulp capping on permanent teeth; (v) indirect pulp capping on primary teeth; and (vi) simple extractions of erupted primary teeth, provided however that the advanced procedures may be performed under general supervision if authorized by the board pursuant to subsection (f) of this section.
Pursuant to a collaborative management agreement, a dental therapist may provide procedures and services permitted under general supervision when the supervising dentist is not on-site and has not previously examined or diagnosed the patient provided the supervising dentist is available for consultation and supervision if needed through telemedicine or by other means of communication. If the supervising dentist will not be available, arrangements shall be made for another licensed dentist to be available to provide timely consultation and supervision.
A dental therapist may not operate independently of, and may not practice or treat any patients without, a supervising dentist. A dental therapist is prohibited from practicing without entering into a collaborative management agreement with a supervising dentist.
(f) By January 1, 2020, the department of public health, in consultation with the board and any other entity they deem appropriate, shall begin an evaluation assessing the impact of dental therapists practicing under general supervision in Massachusetts and the rest of the United States, specifically on: (i) dental therapists' progress in expanding access to safe and effective dental services for vulnerable populations including, at a minimum, Medicaid beneficiaries and individuals who are underserved as defined in this section; (ii) an appropriate geographic distance limitation between the dental therapist and supervising dentist that permits the dental therapist to expand access to vulnerable populations including, at a minimum, Medicaid beneficiaries and individuals who are underserved as defined in this section; and (iii) the number of dental hygienists and dental assistants a dental therapist may oversee.
Not before January 1, 2023 and no later than December 1, 2024, the department of public health, in consultation with the board and any other entity they deem appropriate, shall make a recommendation, based on its assessment of whether dental therapists should be authorized to perform one or more of the advanced procedures, as defined in subsection (e) under general supervision pursuant to a collaborative management agreement. The department shall also make a recommendation on an appropriate geographic distance limitation between the dental therapist and supervising dentist that permits the dental therapist to expand access to vulnerable populations including, at a minimum, individuals receiving benefits through the division of medical assistance and individuals who are underserved as defined in this section. After the department completes its assessment and submits its recommendations to the board, the board shall make a determination, with consideration to how authorizing general supervision will expand access to safe and effective dental services for vulnerable populations including, at a minimum, individuals receiving benefits through the division of medical assistance and individuals who are underserved as defined in this section, whether to authorize the performance of one or more of the procedures as identified in subsection (e), under general supervision pursuant to a collaborative management agreement.
Should the board, in consultation with the department and any other appropriate entity, determine that dental therapists shall have the authority to perform one or more of the procedures and services as identified in subsection (e) in their scope of practice under general supervision, then the board shall establish regulations no later than six months following the recommendation, authorizing dental therapists to perform one or more procedures as identified in subsection (e) under general supervision pursuant to a collaborative management agreement after receiving advanced practice certification.
The board shall grant advanced practice certification for a dental therapist licensed by the board to perform all services under general supervision pursuant to a collaborative management agreement if the dental therapist provides documentation of completion of at least two years or 2,500 hours, whichever is longer, of direct supervision pursuant to subsection (a) of this section, and satisfying any other criteria established by regulation adopted by the board as authorized in this section.
Should the board determine that dental therapists shall continue to perform one or more of the advanced procedures under direct supervision, the department, in consultation with the board, shall re-evaluate annually the impact of dental therapists practicing under general supervision in Massachusetts and the rest of the United States, and the board shall annually reassess whether to authorize general supervision for the advanced procedures in order to improve dental therapists' progress in expanding access to safe and effective dental services for vulnerable populations including, at a minimum, individuals receiving benefits through the division of medical assistance and individuals who are underserved as defined in this section.
(g) The board shall establish appropriate guidelines for a written collaborative management agreement. A collaborative management agreement shall be signed and maintained by the supervising dentist and the dental therapist and shall be submitted annually to the board.
The agreement may be updated as necessary. The agreement shall serve as standing orders from the supervising dentist and shall address: (i) practice settings; (ii) any limitation on services established by the supervising dentist; (iii) the level of supervision required for various services or treatment settings; (iv) patient populations that may be served; (v) practice protocols; (vi) record keeping; (vii) managing medical emergencies; (viii) quality assurance; (ix) administering and dispensing medications; (x) geographic distance limitations; (xi) oversight of dental hygienists and dental assistants; and (xii) referrals for services outside of the dental therapy scope of practice. The collaborative management agreement shall include specific protocols to govern situations in which the dental therapist encounters a patient who requires treatment that exceeds the authorized scope of practice of the dental therapist. The supervising dentist is responsible for directly providing, or arranging for another dentist or specialist within an accessible geographic distance to provide, any necessary additional services outside of the dental therapy scope of practice needed by the patient. A supervising dentist may have a collaborative management agreement with not more than 3 dental therapists at the same time. Not more than 2 dental therapists may practice under general supervision with certification to perform one or more of the advanced procedures. A practice or organization with more than one practice location listed under the same business name may not employ more than six dental therapists, provided, however, that this requirement shall not apply if such an organization or practice is a federally qualified health center or look-alike, a community health center, a non-profit practice or organization, public health setting as defined by 234 CMR 2.02, or as otherwise permitted by the board.
(h) No medical malpractice insurer shall refuse primary medical malpractice insurance coverage to a licensed dentist on the basis of whether they entered into a collaborative management agreement with a dental therapist or public health dental hygienist. A dental therapist may not bill separately for services rendered; the services of the dental therapist are the services of the supervising dentist and shall be billed as such.
(i) Not less than 50% of the patient panel of a dental therapist, as determined in each calendar year, shall consist of patients who receive coverage through the division of medical assistance or are considered underserved provided, however, that this requirement shall not apply if the dental therapist is operating in a federally qualified health center or look-alike, community-health center, non-profit practice or organization, or other public health settings as defined by 234 CMR 2.02, or as otherwise permitted by the board. As used in this section, "underserved" means individuals who: (i) receive, or are eligible to receive, benefits through the division of medical assistance; (ii) receive, or are eligible to receive, social security disability benefits, supplemental security income, and/or Massachusetts state supplement program; (iii) live in a dental health professional shortage area as designated by the federal department of health and human services; (iv) reside in a long-term care facility licensed under section 71 of chapter 111; (v) receive dental services at a public health setting as defined by 234 CMR 2.02; (vi) receive benefits, or are eligible to receive subsidized insurance through the commonwealth health insurance connector authority;; (viii) receive benefits, or are eligible to receive benefits, through the Indian Health Service, tribal or urban Indian organizations, or through the contract health service program; (ix) receive benefits, or are eligible to receive benefits, through the federal department of veterans affairs or other organization serving veterans; (x) are elderly and have trouble accessing dental care due to mobility or transportation challenges; (xi) meet the Commission on Dental Accreditation's definition of people with special needs; (xii) are uninsured have an annual income at or below 305% of the federal poverty level; or (xiii) as otherwise permitted by the board.
An employer of a dental therapist shall submit quarterly reports to the board that provide information concerning the makeup of the dental therapist's patient panel, including the percentage of underserved in the patient panel. No later than January 1, 2023, the secretary of health and human services may establish by regulation penalties for employers who fail to meet the requirements pertaining to the percentage of underserved in the dental therapist's patient panel.
(j) Not later than January 1, 2020, the board, in consultation with the department shall establish regulations to implement the provisions of this section for the practice of dental therapy to protect the public health, safety and welfare, including, but not limited to: requirements for approval of educational programs; guidelines for collaborative management agreements, continuing education requirements, license renewal, standards of conduct, and the investigation of complaints, conduct of disciplinary proceedings and grounds for discipline.
SECTION 11. Section 259 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "skills", in line 51, the following:
(j) Oral health education;
SECTION 12. Section 260 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the number 7, in line 21, the following:- As a condition for licensure or renewal of licensure, the board shall require community health workers to receive education or training in oral health.
SECTION 13. Section 79L of chapter 233, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "dentist," the following words:- dental therapist.
SECTION 14. The department of public health, in consultation with the executive office of health and human services, shall perform a 5-year evaluation of the impact of dental therapists, as established under section 51B of chapter 112 of the General Laws, on patient safety, cost-effectiveness, and access to dental services. The department may enter into an inter-agency agreement with the health policy commission, established under chapter 6D of the General Laws, to provide assistance to the department in conducting such evaluation, as it deems necessary. The department shall ensure effective measurements of the following outcomes and file a report of its findings, which shall include the:
(i) Number of dental therapists in the commonwealth each year;
(ii) Number of licensed dental therapists in the commonwealth each year;
(iii) Number of new and total patients served each year;
(iv) Impact on wait times for needed services;
(v) Impact on travel time for patients;
(vi) Impact on emergency room usage for dental care; and
(vii) Costs to the public health care system.
The report shall be submitted not later than five years after the date of graduation of the first graduating class of dental therapists educated in the commonwealth to the joint committee on public health, the joint committee on health care financing, and the senate and house committees on ways and means.
The center for health information and analysis shall, by the first day of January of each year, submit a report including information on:
(i) Number of dental therapists in the commonwealth;
(ii) Number of licensed dental therapists practicing in the commonwealth;
(iii) Number of new and total patients served;
(iv) Number of new and total pediatric patients served, including geographic location and insurance type;
(v) Practice settings; and
(vi) Commonly performed procedures and services
The first annual report shall be submitted not later than three years after the date of graduation of the first graduating class of dental therapists educated in the commonwealth to the joint committee on public health, the joint committee on health care financing, and the senate and house committees on ways and means.
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An Act reducing barriers to telehealth care
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H2254
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HD838
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-17T13:52:02.527'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-17T13:52:02.5266667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T19:41:13.8933333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-20T10:10:40.33'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T20:38:50.43'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-25T10:55:16.5'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:30:34.5966667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T13:58:39.83'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-17T10:52:49.7833333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:34:28.8833333'}]
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By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 2254) of Smitty Pignatelli and others for legislation to further regulate healthcare services to a patient via telehealth. Public Health.
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SECTION 1. Chapter 112 of the General Laws is hereby amended by striking out section 5O, and inserting in place thereof the following section:-
Section 5O. (a) For purposes of this chapter “telehealth” shall mean the use of synchronous or asynchronous audio, video, electronic media or other telecommunications technology, including, but not limited to: (i) interactive audio-video technology; (ii) remote patient monitoring devices; (iii) audio-only telephone; and (iv) online adaptive interviews, for the purpose of evaluating, diagnosing, consulting, prescribing, treating or monitoring of a patient’s physical health, oral health, mental health or substance use disorder condition.
(b) A Physician licensed pursuant to this chapter may provide healthcare services to a patient via telehealth from any location within Massachusetts or outside Massachusetts, provided that the following conditions are met: (i) the patient is physically located in Massachusetts at the time the healthcare services are provided; (ii) the location from which the physician provides the services does not compromise patient confidentiality and privacy; and (iii) the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9 of this chapter has been appointed.
(c) Health care services provided via telehealth shall conform to the standards of care applicable to services rendered in person and shall also conform to applicable federal and state health information privacy and security standards as well as standards for informed consent.
(d) Notwithstanding any provision of this chapter to the contrary, the board shall allow a physician licensed by the board to obtain proxy credentialing and privileging for telehealth services from other health care providers, as defined in section 1 of chapter 111, or facilities that comply with the federal Centers for Medicare and Medicaid Services’ conditions of participation for telehealth services.
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An Act relative to the sustainability of public health dental hygienists through adequate reimbursements
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H2255
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HD1127
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:03:46.377'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:03:46.3766667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-20T10:10:24.7066667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-15T09:41:50.3833333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T15:53:34.38'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-15T10:34:29.0433333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T13:58:29.4333333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-20T14:08:42.94'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-17T10:52:36.75'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-20T12:47:38.8433333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:07:11.9333333'}]
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By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 2255) of Smitty Pignatelli and others that public health dental hygienists be able to bill third-party insurance carriers for services provided. Public Health.
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Section 1: Section 51 of Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 60 by striking out, “by Medicaid but except as required by federal Medicaid law, shall not seek reimbursement from any other insurance or third party payor.”
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An Act authorizing Massachusetts entry into the Interstate Medical Licensure Compact
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H2256
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HD1221
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:46:11.867'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:46:11.8666667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-20T10:10:16.22'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T20:39:16.2933333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T13:13:43.62'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T13:58:13.9666667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-07-13T13:00:10.1433333'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-09-08T14:57:50.3433333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-07-14T11:26:38.4666667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-07-13T12:28:26.67'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T09:13:24.6533333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-07-21T13:39:56.7733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-30T15:44:05.9233333'}]
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Bill
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By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 2256) of Smitty Pignatelli and others relative to membership in the Interstate Medical Licensure Compact. Public Health.
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SECTION 1: The General Laws are hereby amended by inserting after chapter 112A the following chapter:-
Chapter 112B
INTERSTATE MEDICAL LICENSURE COMPACT
Section 1. In order to strengthen access to healthcare, and in recognition of the advances in the delivery of healthcare, the member state of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state’s existing Medical Practice Act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
Section 2. As used in this chapter, the following words shall have the following meaning:
“Bylaws,” those bylaws established by the Interstate Commission pursuant to section 11.
“Commissioner,” the voting representative appointed by each member board pursuant to section 11.
“Conviction,” a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.
“Expedited License,” a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.
“Interstate Commission,” the interstate commission created pursuant to section 11.
“License,” authorization by a member state for a physician to engage in the practice of medicine, which would be unlawful without authorization.
“Medical Practice Act,” laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.
“Member Board,” a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.
“Member State,” a state that has enacted the compact.
“Practice of Medicine,” that clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the Medical Practice Act of a member state.
“Physician,” any person who (i) is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent; (ii) passed each component of the United State Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes; (iii) successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; (iv) holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists; (v) possesses a full and unrestricted license to engage in the practice of medicine issued by a member board; (vi) has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction; (vii) has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license; (viii) has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and (ix) is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
“Offense,” a felony, gross misdemeanor, or crime of moral turpitude.
“Rule,” a written statement by the Interstate Commission promulgated pursuant to section 12 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
“State,” any state, commonwealth, district, or territory of the United States.
“State of Principal License,” a member state where a physician holds a license to practice medicine, and which has been designated as such by the physician for purposes of registration and participation in the compact.
Section 3. (a) A physician must meet the eligibility requirements as defined in subsection (k) of section 2 to receive an expedited license under the terms and provisions of the compact.
(b) A physician who does not meet the requirements of subsection (k) of section 2 may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
Section 4. (a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(1) The state of principal residence for the physician, or
(2) The state where at least 25 percent of the practice of medicine occurs, or
(3) The location of the physician’s employer, or
(4) If no state qualifies under clause (1), clause (2), or clause (3), the state designated as the state of residence for purpose of federal income tax.
(b) A physician may redesignate a member state as the state of principal license at any time, as long as the state meets the requirements of subsection (a).
(c) The Interstate Commission is authorized to develop rules to facilitate the redesignation of another member state as the state of principal license.
Section 5. (a) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility, to the Interstate Commission.
(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.
(2) The member board within the state selected as the state of principal license shall, while verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, except for federal employees who have suitability determination in accordance with 5 C.F.R. §731.202.
(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
(c) Upon verification in subsection (b), physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a), including the payment of any applicable fees.
(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.
(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
(f) An expedited license obtained through the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without redesignation of a new state of principal licensure.
(g) The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
Section 6. (a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
(b) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.
Section 7. (a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:
(1) Maintains a full and unrestricted license in a state of principal license;
(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license; and
(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c), a member board shall renew the physician’s license.
(e) Physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards.
(f) The Interstate Commission is authorized to develop rules to address the renewal of licenses obtained through the compact.
Section 8. (a) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under Section 5.
(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.
(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.
(d) Member boards may report any non-public complaint, disciplinary, or investigatory information not required by subsection (c) to the Interstate Commission.
(e) Member boards shall share complaints or disciplinary information about a physician upon request of another member board.
(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
Section 9. (a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(c) A subpoena issued by a member state shall be enforceable in other member states.
(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
Section 10. (a) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the Medical Practice Act or regulations in that state.
(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the Medical Practice Act of that state.
(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to the matter of law and fact decided, and:
(1) Impose the same or lesser sanction(s) against the physician so long as such sanctions are consistent with the Medical Practice Act of that state; or
(2) Pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.
(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any other member board or boards shall be suspended, automatically and immediately without further action necessary by the other member boards, for 90 days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the Medical Practice Act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90 day suspension period in a manner consistent with the Medical Practice Act of that state.
Section 11. (a) The member states hereby create the “Interstate Medical Licensure Compact Commission”.
(b) The purpose of the Interstate Commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function.
(c) The Interstate Commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.
(d) The Interstate Commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be a:
(1) An allopathic or osteopathic physician appointed to a member board;
(2) An executive director, executive secretary, or similar executive of a member board; or
(3) A member of the public appointed to a member board.
(e) The Interstate Commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the Commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.
(f) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.
(g) Each commissioner participating at a meeting of the Interstate Commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business unless a larger quorum is required by the bylaws of the Interstate Commission. A Commission shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d).
(h) The Interstate Commission shall provide public notice of all meetings and all meetings shall be open to the public. The Interstate Commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to:
(1) Relate solely to the internal personnel practice and procedures of the Interstate Commission;
(2) Discuss matters specifically exempted from disclosure by federal statute;
(3) Discuss trade secrets, commercial, or financial information that is privileged or confidential;
(4) Involve accusing a person of a crime, or formally censuring a person;
(5) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Discuss investigative records compiled for law enforcement purposes; or
(7) Specifically relate to the participation in a civil action or other legal proceedings.
(i) The Interstate Commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a record of any roll call votes.
(j) The Interstate Commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.
(k) The Interstate Commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. When acting on behalf of the Interstate Commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.
(l) The Interstate Commission shall establish other committees for the governance and administration of the compact.
Section 12. The Interstate Commission shall have the following powers and duties:
(i) Oversee and maintain the administration of the compact;
(ii) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact;
(iii) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;
(iv) Enforce compliance with compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
(v) Establish and appoint committees including, but not limited to, an executive committee as required by section 11, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;
(vi) Pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission;
(vii) Establish and maintain one or more offices;
(viii) Borrow, accept, hire, or contract for services of personnel;
(ix) Purchase and maintain insurance and bonds;
(x) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;
(xi) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;
(xii) Accept donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the Interstate Commission;
(xiii) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;
(xiv) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(xv) Establish a budget and make expenditures;
(xvi) Adopt a seal and bylaws governing the management and operation of the Interstate Commission;
(xvii) Report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;
(xviii) Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation;
(xix) Maintain records in accordance with the bylaws;
(xx) Seek and obtain trademarks, copyrights, and patents; and
(xxi) Perform such functions as may be necessary or appropriate to achieve the purpose of the compact.
Section 13. (a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
(b) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
(c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed accountant and the report of the audit shall be included in the annual report of the Interstate Commission.
Section 14. (a) The Interstate Commission shall, by a majority of Commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within 12 months of the first Interstate Commission meeting.
(b) The Interstate Commission shall elect or appoint annually from among its Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission.
(c) Officers selected in subsection (b) shall serve without remuneration for the Interstate Commission.
(d) The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
(e) The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purpose of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
(f) The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(g) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of the Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
Section 15. (a) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
(b) Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act” of 2010 and subsequent amendments thereto.
(c) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.
Section 16. (a) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities or actions of the Interstate Commission.
(c) The Interstate Commission shall be entitled to receive all services of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, the compact, or promulgated rules.
Section 17. (a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(b) The Interstate Commission may, by majority vote of the Commissioners, initiate legal action in the United States Court for the District of Columbia, or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may including both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(c) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or regulation of a profession.
Section 18. (a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the Interstate Commission promulgated under the compact.
(b) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the Interstate Commission shall:
(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and
(2) Provide remedial training and specific technical assistance regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the Commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
(e) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.
(f) The member state which has been terminated is responsible for all due, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.
(g) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
(h) The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
Section 19. (a) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states or member boards.
(b) The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
Section 20. (a) Any state is eligible to become a member of the compact.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 7 states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
(c) The governors of non-member states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to the adoption of the compact by all states.
(d) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
Section 21. (a) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(b) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until 1 year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
(d) The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt of notice provided under subsection (c).
(e) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing date reenacting the compact or upon such later date as determined by the Interstate Commission.
(g) The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
Section 22. (a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership of the compact to 1 member state.
(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded, and surplus funds shall be distributed in accordance with the bylaws.
Section 23. (a) The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of the compact shall be liberally construed to effectuate its purposes.
(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the member states are members.
Section 24. (a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.
(d) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Section 25. (a) The executive director of the board of registration in medicine, or the board executive director’s designee, shall be the administrator of the compact for the commonwealth.
(b) The board of registration in medicine shall adopt regulations in the same manner as all other with states legally joining in the compact and may adopt additional regulations as necessary to implement the provisions of this chapter.
(c) The board of registration in medicine may take disciplinary action against the practice privilege of a physician practicing in the commonwealth under a license issued by particpating state. The board’s disciplinary action may be based on disciplinary action against the physician’s license taken by the physician’s home state.
(d) In reporting information to the coordinated licensure information system under section 8 of this chapter related to the compact, the board of registration in medicine may disclose personally identifiable information about the physician, including social security number.
(e) Nothing in this chapter, nor the entrance of the commonwealth into the Interstate Medical Licensure compact shall be construed to supersede existing labor laws.
(f) The commonwealth, its officers and employees, and the board of registration in medicine and its agents who act in accordance with the provisions of this chapter shall not be liable on account of any act or omission in good faith while engaged in the performance of their duties under this chapter. Good faith shall not include willful misconduct, gross negligence, or recklessness.
Section 26. As part of the licensure and background check process for a multistate license and to determine the suitability of an applicant for multistate licensure, the board of registration in medicine, prior to issuing any multistate license, shall conduct a fingerprint-based check of the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 92-544.
Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the state identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services for requests submitted by the board of registration in medicine as authorized under this section to ensure the continued suitability of these individuals for licensure. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to the executive director of the board of registration in medicine and authorized staff of the board.
All applicants shall pay a fee to be established by the secretary of administration and finance, in consultation with the secretary of public safety, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited into the Fingerprint-Based Background Check Trust Fund, established in section 2HHHH of chapter 29.
The board of registration in medicine may receive all criminal offender record information and the results of checks of state and national criminal history databases under said Public Law 92-544. When the board of registration in medicine obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.
Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of registration in medicine receives criminal record information from the state or national fingerprint-based criminal background checks that include no disposition or is otherwise incomplete, the agency head may request that an applicant for licensure provide additional information regarding the results of the criminal background checks to assist the agency head in determining the applicant’s suitability for licensure.
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An Act promoting efficient environmental public health protections and solutions
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H2257
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HD3028
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{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T22:16:17.233'}
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[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T22:16:17.2333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2257/DocumentHistoryActions
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Bill
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By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 2257) of David Allen Robertson for legislation to establish the environmental public health trust fund for cancer surveillance and environmental data collection within the Department of Public Health. Public Health.
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Section XX: There shall be established and set up on the books of the commonwealth a fund to be known as the Environmental Public Health Trust Fund (EPHTF), which shall be administered by the Commissioner of the Department of Public Health. Expenditures from the fund shall not be subject to appropriation unless otherwise required by law. The fund shall provide funding for, but not supplant, funds previously designated to support public health investigations under Section 4 of Chapter 21e of the General Laws. The purpose of the fund shall be to provide initial and ongoing funding for cancer surveillance and environmental data collection and to ensure that studies initiated by the department to examine the human health impact of past and present environmental conditions are completed in as timely a manner as scientifically feasible. Funds may be provided from the EPHTF to support environmental public health activities including but not limited to research, environmental and biologic sample(s) design and collection modeling, surveys, public engagement and associated administrative costs. The commissioner shall administer the fund using methods, policies, procedures, standards, and criteria for the proper and efficient operation of the fund and studies supported by it in a manner designed to achieve equity, fairness, and efficiency. The secretary of administration and finance, in consultation with the secretary of health and human services, shall determine annually the expenses of administering the fund, which shall be charged to the fund. Any health surveillance and research efforts supported by the EPHTF shall be published electronically on the General Court website as well as the department’s website and filed with the clerks of the House and Senate. The commissioner shall report annually itemized expenditures from the fund to the clerks of the House and Senate and the Senate and House committees on ways and means.
(b) The fund shall consist of: (i) legislative appropriations; (ii) gifts or grants from private or public sources, (iii) any legislatively authorized transfers approved by the secretary of administration and finance; and (iv) state and/or federal funds received as a result of cost recovery efforts associated with health investigations related to state and nationally recognized hazardous waste for the specific purpose of the fund. Any amounts contained in the fund shall not revert to the general fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The Comptroller shall pay, without further appropriation, any and all amounts certified by the Commissioner for payment as provided above.
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An Act relative to improving asthma in schools
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H2258
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HD1811
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:05:32.393'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:05:32.3933333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T17:36:14.16'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-23T11:58:50.1266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T16:39:34.8033333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-19T12:27:19.9133333'}]
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T15:05:32.393'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2258/DocumentHistoryActions
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Bill
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By Representatives Rogers of Cambridge and Owens of Watertown, a petition (accompanied by bill, House, No. 2258) of David M. Rogers, Steven Owens and others relative to improving environmental conditions to reduce asthma in schools. Public Health.
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Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 5S the following section:-
Section 5T. (a) As used in this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-
“Cleaning product”, a product intended for use for routine cleaning, including but not limited to general purpose and all-purpose cleaners, glass, carpet, and bathroom cleaners, appliance cleaners, and floor and carpet care products (cleaner, finisher, polisher, and stripper); but shall not apply to disinfectants or sanitizers regulated by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act 7 U.S.C. section 136 et seq. or as required by other federal or state regulations or antimicrobial hand soaps regulated by the Food and Drug Administration.
"Department", department of public health.
“Environmentally preferable products and services”, cleaning products or services that perform effectively and have a lesser or reduced effect on human health and the environment when compared to competing products or services that serve the same purpose.
“Environmentally preferable purchasing criteria”, standards for evaluating products that have been established by reputable third-party certifying organizations as specified by the operational services division in the commonwealth’s statewide contract for environmentally preferable cleaning products, programs, equipment, and supplies. The department shall rely on multiple third-party certifying organizations, including, at a minimum, the United States Environmental Protection Agency’s Design for the Environment (DfE) program, the United States Environmental Protection Agency’s Safer Choice program, EcoLogo, and GreenSeal.
"HEPA vacuums", a high-efficiency particulate air filter vacuuming device.
“Public school”, an elementary, secondary, high, charter or innovation school operated by a public school district or board of trustees pursuant to chapter 71.
(b) (1) The department shall recommend a public school with a pediatric asthma prevalence of 20 per cent or higher, or the highest quartile of pediatric asthma prevalence, to develop an indoor air quality management plan that describes the measures to be taken to provide good and improved indoor air quality to reduce the levels of indoor air pollutants through preventive measures to promote a comfortable and healthy learning and working environment; plan objectives may include, but are not limited to: (i) routine maintenance activities; (ii) periodic building evaluations and inspections; (iii) maintenance of adequate air exchanges by repairing and maintaining ventilation equipment; and (iv) effectively communicating corrective steps to all interested parties. Any indoor air quality management plan shall include the use of HEPA vacuums which shall be specified in any cleaning contract entered into by a public school for the purposes of implementing the air quality management plan.
(2) A public school under this subsection shall be recommended to create an environmental health committee that shall consist of the school superintendent or designee, school superintendent assistant or designee, the facilities or custodial director or designee, the indoor integrated pest management coordinator or designee, a school nurse, a teacher, and a parent; provided that the committee may consist of other health professionals, local government agencies, community organizations, asthma coalitions, and others as appropriate in the assessment of current conditions and operations and in the development of strategies to improve indoor asthma triggers in schools and to protect the health of students, faculty, and staff. The committee shall be trained with expertise to assess current school building conditions and operations. The committee shall develop an indoor air quality management plan to improve indoor asthma triggers in schools and to protect the health of students, faculty, and staff. The committee shall sponsor activities to engage the school and community to raise awareness of the importance of asthma and environmental triggers. The committee may secure financial assistance through grants or other revenue sources to address environmental concerns. The department shall develop a school indoor air quality training program to educate the committee members on how to identify problems, develop methods to improve indoor air quality, and implement an indoor air quality management plan. The objectives of any air quality management plan developed by the committee may include but are not limited to (i) routine maintenance activities; (ii) periodic building evaluations and inspections; (iii) maintenance of adequate air exchanges by repairing and maintaining ventilation equipment; and (iv) effectively communicating corrective steps to all interested parties. Any indoor air quality management plan developed by the committee shall include the use of HEPA vacuums which shall be specified in any cleaning contract entered into by a public school for the purposes of implementing the air quality management plan.
(c) (1) Beginning September 1, 2024, cleaning products shall not be used in any public school unless the cleaning product meets environmentally preferable purchasing criteria. A public school may purchase environmentally preferable products and services through statewide contract vendors or through outside vendors; provided that such vendor meets environmentally preferable purchasing criteria.
(2) A public school under this subsection shall report environmentally preferable cleaning products and services purchased to the department, including but not limited to vendor, manufacturer name, and product name.
(3) An individual who attends or works in a public school who experiences adverse health effects from allergic or hypersensitivity reaction from exposure to the environmentally preferable products and services in use pursuant to this section may request, and the facility may utilize, other suitable materials as determined by the individual and provided by the facility. The request shall be placed in writing and a copy shall be sent to the commissioner.
(4) The department shall recommend a public school with a pediatric asthma prevalence of 20 per cent or higher, or the highest quartile of pediatric asthma prevalence, to purchase environmentally preferable cleaning products and services that are approved by the United States Environmental Protection Agency.
(d) The superintendent or designee, facilities/custodial director or designee, indoor integrated pest management coordinator or designee, and janitorial staff shall be trained in the use of environmentally preferable products and services prior to implementation of this section in a public school. Vendors of environmentally preferable products and services that are not contracted with the state but are purchased by a public school shall have trained staff and necessary tools for such training.
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An Act to establish a division of indoor environments within the Department of Public Health
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H2259
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HD1966
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:03:47.293'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:03:47.2933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2259/DocumentHistoryActions
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Bill
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By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2259) of David M. Rogers for legislation to establish a division of indoor environments within the Department of Public Health. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after Section 224 the following section:-
Section 225. (a) Notwithstanding any general law, special law or regulation to the contrary, there shall be within the Department of Public Health a Division of Indoor Environments within the Center for Environmental Health. The Commissioner of the Department of Public Health shall appoint the Director of the Division of Indoor Environments.
(b) The Division of Indoor Environments shall administer and enforce any existing laws and regulations relating to indoor air quality.
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