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An Act protecting patients and health care workers from exposure to surgical smoke
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S1332
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SD295
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:12:31.58'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:12:31.58'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T12:19:16.9833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-27T12:19:16.9833333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-27T09:41:50.2966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:18:17.39'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-15T09:51:14.2566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-15T09:51:14.2566667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T22:37:21.2566667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-29T15:29:08.6766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1332/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1332) of Joanne M. Comerford, Paul R. Feeney, Lindsay N. Sabadosa, Jack Patrick Lewis and other members of the General Court for legislation to protect patients and health care 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 prohibiting nonconsensual intimate examinations of anesthetized or unconscious patients
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S1333
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SD315
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T17:41:10.003'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T17:41:10.0033333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T11:58:28.72'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:31:27.0833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:34:42.14'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:42:00.7866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T12:56:39.9'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:45:10.7466667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-01T14:29:56.25'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T12:09:49.16'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1333/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1333) of Joanne M. Comerford, Mindy Domb, Jason M. Lewis, John F. Keenan and other members of the General Court for legislation to prohibit nonconsensual intimate examinations of anesthetized or unconscious patients. Public Health.
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Chapter 111 of the General Laws is hereby amended by inserting after section 70H the following section:-
Section 70I. (a) For the purposes of this section, the following words shall have the following meanings:
"Intimate examination", a pelvic, prostate or rectal examination.
“Health care provider”, a physician, a student in a medical or nursing school participating in a course of instruction, a person participating in a residency program or clinical training program, a physician assistant, an advanced practice registered nurse or other health care provider.
(b) A health care provider may not perform an intimate examination on an anesthetized, deeply sedated or unconscious patient unless the patient has given specific informed consent in writing to the intimate examination; or the performance of an intimate examination is within the scope of care for the planned procedure, surgical procedure or diagnostic examination to be performed on the patient for which the patient has provided general consent; or, in the case of an emergency or urgent care situation on an unconscious patient, the intimate examination is required for diagnostic or treatment purposes.
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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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S1334
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SD603
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-17T11:34:37.813'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-17T11:34:37.8133333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-18T12:51:46.72'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-27T11:58:12.59'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-03T16:21:27.1366667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-20T14:51:51.9933333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-08T17:04:35.9366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T12:24:34.8166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:21:26.39'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-05T13:18:10.2566667'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-03T11:28:41.7533333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-04-27T16:36:55.2133333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:02:52.7033333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-01T14:40:17.74'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:39.1266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T11:53:10.9933333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-29T16:47:35.3433333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T13:06:25.4233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T12:21:16.34'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T14:08:27.1266667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-31T19:21:46.4666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T12:08:45.2933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-15T09:53:02.4166667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T15:17:44.6533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1334/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1334) of Joanne M. Comerford, Hannah Kane, Jack Patrick Lewis, Sal N. DiDomenico and other members of the General Court for legislation relative to accelerate 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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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act updating the regulations governing licensed birth centers in Massachusetts
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S1335
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SD1966
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T16:21:04.327'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T16:21:04.3266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T18:08:24.2033333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:40:00.95'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-06T12:08:26.1566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T10:25:41.9'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-15T09:50:27.3633333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-15T09:50:27.3633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-20T10:48:02.9966667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T15:14:06.3166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-13T14:30:04.6833333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-13T16:47:32.6233333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T09:27:49.8466667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-05-12T08:39:43.71'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-06-05T08:32:26.44'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-21T14:35:28.48'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-12T09:28:43.9866667'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1335) of Joanne M. Comerford, Jack Patrick Lewis, Jason M. Lewis, Lydia Edwards and other members of the General Court for legislation to update the regulations governing licensed birth centers in Massachusetts. Public Health.
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SECTION 1. Section 51 of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the word “Gynecologists,” in line 106, the following words:- , American College of Nurse Midwives, American Association of Birth Centers.
SECTION 2. (a) The department of public health shall promulgate revised regulations under the Code of Massachusetts Regulations 105 CMR 140.000 and 142.000 governing the facility and operation of licensed birth centers in consultation with Seven Sisters Birth Center, Neighborhood Birth Center, American College of Nurse Midwives Massachusetts Affiliate, and other entities operating or planning to open birth centers in Massachusetts to bring the regulations in accordance with chapter 111 of the General Laws and the standards of the American Association of Birth Centers or any successor organization, and to ensure safe, equitable and accessible birth options for birth center clients.
(b) The regulations shall include, but not be limited to, the following provisions:
(i) a licensed free-standing birth center shall have a detailed and written plan on the premises for transfer of a client to a nearby hospital providing obstetrical and newborn services as needed for emergency treatment beyond that provided by the birth center;
(ii) a licensed free-standing birth center shall develop policies and procedures to ensure coordination of ongoing care and transfer when complications occur which render the patient ineligible for birth center care during the antepartum, intrapartum or postpartum period;
(iii) the department shall not require a licensed free-standing birth center or the directors and providers on staff to practice under the supervision of a hospital or another health care provider or to enter into an agreement, written or otherwise, with another hospital or health care provider, or maintain privileges at a hospital;
(iv) a licensed free-standing birth center shall have an administrative director responsible for implementing and overseeing the operational policies of the birth center;
(v) a licensed free-standing birth center shall have a director of clinical affairs on staff who shall be a nurse midwife or physician licensed and in good standing in Massachusetts whose professional scope of practice includes preconception, prenatal, labor, birth, and postpartum care and early care of the newborn and who may be the primary attendants during the perinatal period in accordance with chapter 112 of the General Laws; and
(vi) birth attendants at licensed free-standing birth centers shall be midwives, physicians, or other providers licensed and in good standing in Massachusetts whose professional scope of practice includes preconception, prenatal, labor, birth, and postpartum care and early care of the newborn and who may be the primary attendants in accordance with chapter 112 of the General Laws.
SECTION 3. The department shall issue the revised regulations under section 2 of this act no later than 180 days after the effective date of this act.
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An Act expanding access to the certified nurses’ aides certification process
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S1336
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SD2079
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T10:59:29.837'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T10:59:29.8366667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T15:01:33.3233333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-07-11T14:36:06.5'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1336) of Joanne M. Comerford and John F. Keenan for legislation to expand access to the certified nurses’ aides certification process. Public Health.
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SECTION 1. Section 72W of chapter 111 of the General Laws is hereby amended by inserting after the sixth paragraph the following paragraphs:-
A nurses’ aide who receives their training and works or expects to work in a facility whose resident population includes substantial numbers of non-English speaking residents shall be offered the option to take the nurses’ aide certification exam in a language other than English, including, but not limited to, Portuguese, Haitian Creole, Spanish and Chinese; provided, however, that the department shall determine which additional languages the exam shall be offered in.
The department, in consultation with an advisory group of certified nurses’ aides, including nurses’ aides who are immigrants, and representatives of employers of nurses’ aides selected by the commissioner, shall review the nurses’ aide certification exam to ensure it is valid, appropriate, suitable and consistent with the current standards for nurses’ aides. The department shall remove any question from the exam that is ambiguous, unlikely to be understood, or which does not align with the standards of the department, including material in textbooks approved by the department. In developing the exam, the department shall make efforts to align the exam with best practices, including the national reporting system. The department shall make available a practice test to assist in the preparation for those planning to take the test. If commercially available tests do not meet the standards of this section, the department shall create its own test consistent with this section. The practice test and all training materials for the test shall be provided in multiple languages, including, but not limited to, English, Portuguese, Haitian Creole, Spanish and Chinese.
The department or its contractor shall provide score reports to students who do not pass the knowledge component of the exam. The report shall specify questions answered incorrectly and list topics requiring further study.
Nurses’ aide students who satisfactorily pass the clinical component of the certification exam shall be permitted to work as a nurses’ aid for no more than 6 months. The student shall take the knowledge component of the exam during the 6 months following passing of the clinical component of the exam. Students who do not satisfactorily pass the clinical component within 6 months shall not be permitted to work as a nurses’ aid.
SECTION 2. Section 1 shall take effect no later than 180 days after the effective date of this act.
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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 facilitating the utilization of psychologists on the health care team
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S1337
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SD586
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T12:23:38.457'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T12:23:38.4566667'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1337) of Cynthia Stone Creem for legislation relative to facilitating the utilization of psychologists on the health care team. Public Health.
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SECTION 1. Section 80B of chapter 112 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word "dentists" in line 13 the word "psychologists."
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An Act to improve food allergy awareness
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S1338
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SD649
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T15:38:50.397'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T15:38:50.3966667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T13:43:27.8766667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T13:43:27.8766667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-06T12:40:17.1933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T14:42:38.6333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-07T14:42:38.6333333'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-03T12:18:40.0633333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-03-05T11:09:11.9666667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-07T16:22:05.6666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-14T18:49:18.6033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-15T13:03:16.57'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-29T16:49:58.2066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-04-03T17:05:02.6833333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T11:59:20.94'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-06-08T15:55:47.0966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-10-10T09:46:49.3433333'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1338) of Cynthia Stone Creem, Hannah Kane, Susannah M. Whipps, Sal N. DiDomenico and other members of the General Court 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 expanding after-death care options
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S1339
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SD898
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T16:10:57.05'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T16:10:57.05'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T10:26:10.2533333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T12:29:17.5066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-02T13:27:16.85'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-29T16:49:13.0166667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-29T16:49:13.0166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-07-05T09:58:46.48'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1339) of Cynthia Stone Creem, Jack Patrick Lewis, Thomas M. Stanley and Jason M. Lewis for legislation to promote the option of alkaline hydrolysis (AH). 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 for community housing packages
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S134
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SD1465
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:37:24.767'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:37:24.7666667'}]
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 134) of Vincent Lawrence Dixon for legislation for community housing packages. Community Development and Small Businesses.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An Act for Community Housing Packages.
PURPOSE OF THIS ACT:
Over a period of many recent years, it has been concluded by many communities, especially in Eastern Massachusetts, that the supply of affordable, high-quality, and/or housing of almost any kind, has fallen short of the actual needs, thereby creating severe economic pressures, often for, both employees, and employers, in convenience to actual work places.
Only by, creating improved incentives, and distinct standards, might these problems be eased, to the extent that it is possible, and these matters, are the business, and purpose of this act.
SECTION I
1.) The Department of Communities and Development, shall be authorized to create, after due consideration, Community Housing Packages (CHPs), for helping to create, and recruit, improved economics, across the 351 municipalities of Massachusetts, to expand, and strengthen local communities, and especially affordable, safe, and durable housing units. These CHPs, shall be part of a comprehensive state planning, and coordination process, intersecting with Master Planning processes, as needed, and appropriate.
2.) The Department of Communities and Development, shall be authorized to create suitable Regulations, to provide for the provisions of this statute, taking into account, particular local preferences for, and including strengthened, safe, and durable housing units; that reflect state-of-the-art, fire-resistant, and energy-efficient standards.
3.) Such Community Housing Packages shall be based on encouraging, where possible, mixed-use development, and by consulting a recognized list of pre-screened, neighborhood, and community-friendly developers, and contractors, with high-quality lasting construction standards.
4.) The Department of Housing and Community Development, shall establish, keep, and annually renew, a listing of high-quality, neighborhood, and community-friendly developers, by welcoming, pre-screening, of such companies, interviewing them, and publicizing such businesses, in various appropriate positive publicity, by public announcement, and general media.
5.) Community Housing Packages (CHPs), shall take into account relevant modest, to medium intensity regional transit options, in helping newer local economic development; and intersect with state transportation planning.
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An Act relative to preceptorship programs for students of chiropractic
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S1340
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SD458
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:49:27.4'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:49:27.4'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1340) of Brendan P. Crighton for legislation relative to preceptorship programs for students of chiropractic. Public Health.
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Chapter 112 of the General Laws is hereby amended by inserting, after section 91, the following new section:-
Section 91A: Chiropractic Student Externs; limited practice of Chiropractic under supervision
A student extern of chiropractic must be currently enrolled in the final academic year at an approved chiropractic school, having (1) completed all academic and clinical class requirements for the degree of Doctor of Chiropractic from that legally chartered chiropractic school, and (2) passed at least three of the four levels of National Chiropractic Board Examinations, may then practice chiropractic under the direct supervision of a duly licensed chiropractor, defined as an instructor for this purpose by the legally chartered chiropractic school. The supervising preceptor chiropractor shall be a registered chiropractor in the Commonwealth of Massachusetts, and the duly appointed chiropractor of record in the duly licensed chiropractic office or facility, to which the student extern may be assigned. The student extern shall always practice under the direct supervision and license of the preceptor chiropractor and shall not be eligible to sign legal documents generally signed by the practicing licensed supervisory clinician. The board, at its discretion from time to time, may designate other facilities or locations in which said student extern may practice chiropractic under the conditions described above. Such privileges shall be granted for a minimum of four weeks, and not exceed 16 weeks of the final academic year.
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An Act further regulating the sale of tobacco products
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S1341
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SD463
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:13:33.507'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:13:33.5066667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-27T15:53:54.3566667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-04T15:05:32.3766667'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1341) of Brendan P. Crighton and Tackey Chan for legislation to further regulating the sale of tobacco products. Public Health.
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Section 6 of Chapter 270 of the General Laws, as appearing in the 2020 official addition, is hereby amended by striking out subsection (d) and (e) and inserting in place the following three subsections:
(d) Any Retailer that sells, offers for sale, or distributes for commercial purpose any tobacco product shall maintain a stock of, and offer for retail sale, at least one type of nicotine replacement therapy drug, device, or combination product that has been approved by the federal Food and Drug Administration for cessation of tobacco use pursuant to the “Federal Food, Drug, and Cosmetic Act,” 21 U.S.C. ss.301 et seq.
(e) A person who violates this section shall be punished by a fine of $100 for the first offense, $200 for a second offense and $300 for a third or subsequent offense.
(f) The department of public health may promulgate regulations to implement this section.
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An Act to develop a coordinated stroke care system
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S1342
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SD481
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T17:11:01.057'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T17:11:01.0566667'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1342) of Brendan P. Crighton for legislation to develop a coordinated stroke care system. Public Health.
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Chapter 111C of the General Laws, as appearing in the 2020 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 relative to modernizing the regulation of clinical laboratories
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S1343
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SD562
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T11:24:51.847'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T11:24:51.8466667'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1343) of Brendan P. Crighton for legislation to modernize the regulation of clinical laboratories. Public Health.
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SECTION 1. Section 1. Chapter 111D of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section:- As used in this chapter, the following words shall, unless the context requires otherwise, have the following meaning:-
(1) "CLIA-waived test", a test that the federal Centers for Medicare and Medicaid Services has
determined qualifies for a Certificate of Waiver under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA).
(2) ''Clinical Laboratory'', a facility or place, however named, the purpose of which is to make
biological, serological, chemical, immuno-hematological, cytological, pathological, or other examinations of materials derived from a human body.
(3) ''Commissioner'', the commissioner of public health.
(4) ''Company'', a corporation, partnership, limited liability company, limited liability
partnership, an association, a trust or and organized group of persons, whether incorporated or not.
(5) ''Department'', the department of public health in the executive office of human services.
(6) ''Exempt test'', a test designated by the department as a simple laboratory examination or a
procedure that has an insignificant risk of error, including but not limited to, CLIA-waived tests. Exempt test also may include tests designated by the department that the federal Centers for Medicare and Medicaid Services has determined qualify for a Certificate of Provider Performed Microscopy under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA).
(7) ''Ownership interest'', interests including, but not limited to, any membership, proprietary
interest, shares of stock in a corporation, units or other interest in a partnership, bonds, debentures, notes or other equity interest or debt instrument or co-ownership in any form.
(8) ''Person'', corporations, societies, associations, partnerships, limited liability companies,
limited liability partnerships, trusts, organized group of persons, whether incorporated or not, an individual or the individual's estate upon death, any other entity including, but not limited to, medical practice, medical office, clinic, counseling center, substance use disorder treatment program or sober house or a political subdivision of the commonwealth.
SECTION 2. Section 2 of said chapter 111D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out clause (9) and inserting in place thereof the following 2 clauses:-
“(9) to classify, with the advice of the advisory committee on clinical laboratories, laboratory tests as exempt for purposes of licensing physician clinical laboratories;” and
“(10) to establish minimum qualifications of laboratory personnel.”
SECTION 3. Section 7 of said chapter 111D is hereby repealed.
SECTION 4. Section 8 of said chapter 111D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out clause (7) and inserting in place thereof the following clause:-
“(7) examine any specimen derived from a human body except upon the written request of a licensed physician or other licensed health care practitioner authorized under chapter 112 to make such a written request or, for the sole purpose of requesting urine drug screening, department-licensed substance abuse programs, state agencies or those vendors that contract with state agencies and are designated by the contracting agency to request such screenings, or other person authorized to use the report of such examination by provision of chapter 112, unless such examination is for the sole purpose of testing the accuracy or sufficiency of the procedures or equipment of a clinical laboratory and is by instruction of the director of such laboratory, or unless such examination is for the purpose of providing a health promotion screening program and is not used for diagnosis or treatment of patients;”
SECTION 5. Said section 8 of said chapter 111D, as so appearing, is hereby further amended by striking out clause (11) and inserting in place thereof the following clause:-
“(11) employ a person as a director of a clinical laboratory, or to serve as a director of a clinical laboratory, except as authorized by department regulation, rule or order pursuant to section 2 of this chapter;”
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An Act to improve outcomes for individuals with Parkinson’s disease
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S1344
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SD803
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T13:55:30.687'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T13:55:30.6866667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-20T09:12:45.9433333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-27T11:45:54.2533333'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1344) of John J. Cronin for legislation to improve outcomes for individuals with Parkinson’s disease. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by striking Section 243 and inserting in place thereof the following new section: -
Section 243: Parkinson’s disease registry
(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Parkinson’s disease”, a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, muscle rigidity, stooped posture, and unsteady or shuffling gait.
“Parkinsonisms”, related conditions that causes a combination of the movement abnormalities seen in Parkinson's disease — such as tremor at rest, slow movement, muscle rigidity, impaired speech or muscle stiffness — which often overlap with and can evolve from what appears to be Parkinson’s disease. Example Parkinsonisms of particular interest include, but are not exclusive to, the following: Multiple System Atrophy (MSA), Dementia with Lewy Bodies (DLB), Corticobasal Degeneration (CBD), and Progressive Supranuclear Palsy (PSP).
(a) The department shall establish a Parkinson's disease registry for the collection of information necessary to determine the incidence and prevalence of Parkinson's disease and Parkinsonisms in the commonwealth.
(b) There shall be within the department a Parkinson's disease registry advisory committee to advise and assist in the development, implementation and progress of the Parkinson's disease registry established in subsection (a). The committee shall review and submit recommendations on: (i) what data shall be collected, including, but not limited to, demographic information and data by areas and regions of the commonwealth, with specific data from urban, low and median income communities and minority communities of the commonwealth; (ii) the means of collecting and disseminating such data; (iii) how to ensure privacy and confidentiality of such data; (iv) the purpose, design and functionality of the registry; and (v) the implementation of the registry. The committee shall recommend to the department any information deemed necessary and appropriate for the statistical identification and planning for treatment and education of health care providers and persons diagnosed with Parkinson's disease.
The committee shall consist of the commissioner, or a designee, and 10 members to be appointed by the commissioner as follows: 3 physicians, 1 of whom shall be a general neurologist, 1 of whom shall be a movement disorder specialist and 1 of whom shall be a primary care physician; 1 health informaticist; 2 population health researchers familiar with registries; 2 Parkinson's disease researchers; and 2 persons diagnosed with Parkinson's disease. The committee shall meet at least bi-annually to assess registry progress and recommend changes.
(c) The registry and system of collection and dissemination of information shall be under the direction of the commissioner, who may enter into contracts, grants or other agreements as are necessary for the conduct of the program.
(d) All patients diagnosed with Parkinson’s disease or related Parkinsonisms, as advised by an Advisory Committee, shall be provided a notice in writing and orally regarding the collection of information and patient data on Parkinson’s disease. Patients who do not wish to participate in the collection of data for purposes of research in this registry shall affirmatively opt-out in writing after an opportunity to review the documents and ask questions. No patient shall be forced to participate in this registry. Patients may change their participation status at any time by submitting a request in writing.
(e) The department shall establish a system for the collection and dissemination of information determining the incidence and prevalence of Parkinson’s disease and related Parkinsonisms, as advised by the advisory committee. The department shall designate Parkinson’s disease and related Parkinsonisms as advised by the advisory committee as diseases required to be reported in the state or any part of the state.
All cases of Parkinson’s disease diagnosed or treated in the commonwealth shall be reported to the department. However, the mere incidence of a patient with Parkinson’s shall be the sole required information for this registry for any patient who chooses not to participate. For the subset of patients who choose not to participate, no further data shall be reported to the registry.
The department may create, review and revise a list of data points required as part of mandated Parkinson’s disease reporting under this Section.
i. This list shall include, but not be limited to, necessary triggering diagnostic conditions, consistent with the latest International Statistical Classification of Diseases and Related Health Problems, and resulting case data including, but not limited to, diagnosis, treatment and survival.
ii. The department may implement and administer this subdivision through a bulletin, or similar instruction, to providers without taking regulatory action.
(f) The department shall provide notification of the mandatory reporting of Parkinson’s disease and Parkinsonism on its website and may also provide that information to professional associations representing physicians, nurse practitioners, and hospitals at least 90 days prior to requiring information be reported.
(g) Any hospital, facility, physician, surgeon, physician assistant or nurse practitioner who diagnoses or is responsible for providing primary treatment to Parkinson’s disease or Parkinsonism patients shall report each case of Parkinson’s disease and Parkinsonisms, as required by subsection (e), to the department in a format prescribed by the department. The Department shall be authorized to enter into data sharing contracts with data reporting entities and their associated electronic medical record systems vendors to securely and confidentially receive information related to Parkinson’s disease testing, diagnosis and treatment.
(h) The department may enter into agreements to furnish data collected in this registry to other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local health officers, or health researchers for the study of Parkinson’s disease. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:
i. obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations; and
ii. provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information
(i) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as confidential information. To ensure privacy, the department shall promulgate a coding system that removes any identifying information about the patient.
(j) Notwithstanding any other law, a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.
i. Provided the security of confidentiality has been documented, the furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.
(k) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.
(l) Notwithstanding any other law, confidential information shall not be available for subpoena, shall not be disclosed, discoverable or compelled to be produced in any civil, criminal, administrative or other proceeding. Confidential information shall not be deemed admissible as evidence in any civil, criminal, administrative or other tribunal or court for any reason.
This subsection does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.
Notwithstanding the restrictions in this subsection, the individual to whom the information pertains shall have access to his or her own information.
(m) This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinson’s disease to maintain their own facility-based Parkinson’s disease registries.
SECTION 2. On or before December 21, 2024, and every year thereafter, the Department shall report to the House Committee on Ways and Means, the Senate Committee on Ways and Means, and the Joint Committee on Public Health, a yearly program summary update on the incidents and prevalence of Parkinson’s in the state by county, how many records have been included and reported into the registry, and demographic information such as patients by age, gender and race. This yearly report shall also be published in a downloadable format on the Department’s webpage or designated Massachusetts Parkinson’s Research Registry webpage.
SECTION 3. The Department shall create and maintain a webpage titled “an overview from the Massachusetts Parkinson’s Research Registry” within the Department’s public information website to allow public access to information related to the registry, a yearly program summary, and any other relevant or helpful information related to the registry as deemed necessary by the Parkinson’s Disease Registry Advisory Committee. This information may be published in any form deemed appropriate by the Department.
This section will take effect January 1, 2025.
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An Act relative to tobacco harm-reduction
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S1345
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SD1200
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:38:51.897'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:38:51.8966667'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1345) of John J. Cronin for legislation relative to tobacco harm-reduction. Public Health.
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SECTION 1. Section 28(b) of Chapter 270 of the General Laws is hereby amended by inserting after the word "consumption" the following words:- or to any tobacco product that receives an order from the United States Food and Drug Administration under U.S.C., chapter 387j or an order under chapter 387k (g).
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An Act relative to certainty of continuing education for chiropractors
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S1346
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SD1321
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:37:13.25'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:37:13.25'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1346) of John J. Cronin for legislation relative to certainty of continuing education for chiropractors. Public Health.
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Section 96 of chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 13, after the words “as approved by the”, the word “board”, and inserting in place thereof the following words:- “Massachusetts Chiropractic Society” and by striking out , in line 15, after the words “as approved by the”, the word “board”, and inserting in place thereof the following words:- “Massachusetts Chiropractic Society”.
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An Act relative to anesthesiologist assistants
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S1347
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SD1322
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:35:53.187'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:35:53.2033333'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1347) of John J. Cronin for legislation 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 relative to health care transparency
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S1348
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SD1323
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:34:05.763'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:34:05.7633333'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1348) of John J. Cronin for legislation relative to health care transparency. Public Health.
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SECTION 1. Chapter 112 of the General Laws is hereby amended by striking out section 8A and inserting in place thereof the following section:-
Section 8A. No person may, directly or indirectly, use the title ''physician'' or display or use the term physician in any title, advertisement, listing of affiliations, communication with the public or in any other manner to indicate or imply in any way that such person offers to engage or engages in the practice of medicine or in the provision of health care services to patients within the commonwealth who is not registered by the board of registration in medicine as a physician under section 2, nor use or imply the use of the words or terms “surgeon,” “medical doctor,” “doctor of osteopathy,” “M.D.”, “anesthesiologist,” “cardiologist,” “dermatologist,” “endocrinologist,” “gastroenterologist,” “general practitioner,” “gynecologist,” “hematologist,” “internist,” “laryngologist,” “nephrologist,” “neurologist,” “obstetrician,” “oncologist,” “ophthalmologist,” “orthopedic surgeon,” “orthopedist,” “osteopath,” “otologist,” “otolaryngologist,” “otolaryngologist,” “pathologist,” “pediatrician,” “primary care physician,” “proctologist,” “psychiatrist,” “radiologist,” “rheumatologist,” “rhinologist,” “urologist,” or any similar title or description of services with the intent to represent that the person practices medicine. This section shall not apply to use of the term ''chiropractic physician'' by individuals licensed and practicing under sections 89 to 97, inclusive, or the use of the term ''podiatric physician'' by individuals licensed and practicing under sections 13 to 22, inclusive, or the use of the term ''physician assistant'' by individuals licensed and practicing under sections 9C to 9K, inclusive. A person who violates this section 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.
SECTION 2. Said chapter 112 is hereby further amended by adding the following section:-
Section 290. (a) For the purposes of this section, the following terms shall have the following meanings:
"Advertisement”, any communication or statement, whether printed, electronic, or oral that names the health care practitioner in relation to his or her practice, profession, or institution in which the individual is employed, volunteers or otherwise provides health care services. This includes business cards, letterhead, patient brochures, email, Internet, audio and video, and any other communication or statement used in the course of business.
“Deceptive” or “misleading” includes, but is not limited to, any advertisement or affirmative communication or representation that mis-states, falsely describes, holds out or falsely details the health care practitioner’s profession, skills, training, expertise, education, board certification or licensure.
“Health care practitioner”, any person who engages in acts that are the subject of licensure or regulation.
“Licensee”, a health care practitioner who holds an active license with the licensing board governing his or her practice in the Commonwealth.
(b) An advertisement for health care services that names a health care practitioner must identify the type of license held pursuant to the definitions under this chapter. The advertisement shall be free from any and all deceptive and misleading information.
(c) A health care practitioner providing health care services in the Commonwealth must conspicuously post and affirmatively communicate the practitioner’s specific licensure as defined under this chapter, which shall consist of the following:
1. The health care practitioner shall wear a photo identification name tag during all patient encounters that shall include (i) a recent photograph of the practitioner (ii) the practitioner’s name; (iii) the type of license; and (iv) the expiration date of the license. The name tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent.
2. The health care practitioner shall display in his or her office a writing that clearly identifies the type of license held by the health care practitioner. The writing must be of sufficient size so as to be visible and apparent to all current and prospective patients.
(d) A health care practitioner who practices in more than one office shall be required to comply with these requirements in each practice setting.
(e) A medical doctor or doctor of osteopathic medicine who supervises or participates in collaborative practice agreements with non-medical doctors or non-doctors of osteopathic medicine health care practitioners shall be required to conspicuously post in each office a schedule of the regular hours when he or she will be present at that office.
(f) Health care practitioners working in non-patient care settings, and who do not have any direct patient care interactions, are not subject to the provisions of this section.
(g) Failure to comply with any provision under this section shall constitute a violation of this section and chapter 93A.
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An Act relative to healthcare worker and first responder safety
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S1349
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SD1757
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:45:23.703'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:45:23.7033333'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1349) of John J. Cronin for legislation relative to healthcare worker and first responder safety and HIV testing. 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 encouraging the growth of small businesses
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S135
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SD1175
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T09:48:09.77'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T09:48:09.77'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 135) of Joan B. Lovely for legislation to encourage the growth of small businesses. Community Development and Small Businesses.
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The General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after chapter 93L the following new chapter:-
Chapter 93M, Bona Fide Business Entities
Section 1. A business entity that provides services under a written contract is not an employee for the purposes of Title IX, Taxation, and Title XXI, Labor and Industries, provided that the business entity is bona fide. A business entity will be deemed to be bona fide if it is shown that:
(a) The business entity is registered as such with the secretary of the commonwealth and is in good standing;
(b) The business entity includes the compensation it receives for the services it renders on federal and applicable state tax schedules as income from an independent business or profession;
(c) The business entity reports the compensation paid to its employees, if any, to the Internal Revenue Service and the Massachusetts department of revenue; and
(d) The business entity complies with federal and state tax, unemployment insurance, workers’ compensation insurance, and labor and employment law obligations with respect to its employees.
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An Act to update postural screenings in schools
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S1350
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SD219
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:06:38.607'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:06:38.6066667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-28T12:45:43.44'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-28T12:49:17.29'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-24T16:05:39.54'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T11:59:49.7633333'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1350) of Julian Cyr, Ryan C. Fattman and Mathew J. Muratore for legislation to update postural screenings in schools. Public Health.
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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 six, seven, eight, or nine.”
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An Act relative to the department of public health state public health laboratory campus
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S1351
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SD439
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:02:00.717'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:02:00.7166667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1351) of Julian Cyr for legislation relative to the department of public health state public health laboratory campus. Public Health.
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SECTION 1. The Department of Public Health State Public Health Laboratory campus, located in the Jamaica Plain district of the city of Boston, shall be designated and known as the Dr. Alfred DeMaria, Jr. Campus, in recognition of Dr. Alfred DeMaria, Jr., a pioneer in epidemiology and former state epidemiologist, chief infectious disease medical officer, and assistant commissioner of the department of public health. A suitable marker bearing that designation shall be attached to the campus by the department of public health. Nothing in this section shall be construed to modify the designation of the tower building on said campus as the Dr. William A. Hinton Laboratory pursuant to chapter 124 of the acts of 2009.
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An Act modernizing childhood lead poisoning prevention
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S1352
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SD441
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:07:36.133'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:07:36.1333333'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1352) of Julian Cyr for legislation to modernize childhood lead poisoning prevention. Public Health.
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SECTION 1. Section 189A of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Advisory committee” the following definition:-
“Blood lead level of concern”, a concentration of lead in whole venous blood in a child under 6 years of age that is less than the concentration of lead in whole venous blood that meets the amount defined as lead poisoning in regulation by the department.
SECTION 2. Said section 189A of said chapter 111, as so appearing, is hereby amended by inserting after the definition of “Director” the following definition:-
“Lead poisoning”, a medical condition present in a child under 6 years of age in which the child has a concentration of lead in whole venous blood at a concentration level defined by the department through regulation; provided, however, that the concentration of lead in whole venous blood shall not be greater than 5 micrograms per deciliter.
SECTION 3. Section 191 of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the words “the terms ‘lead poisoning’ and ‘previously reported’” and inserting in place thereof the following words:- the term “previously reported”.
SECTION 4. Said section 191 of said chapter 111, as so appearing, is hereby further amended by adding the following paragraph:-
The department shall perform public health surveillance and outreach to identify children with a blood lead level of concern. A child reported to have a blood lead level of concern shall be offered appropriate case management services in accordance with standards set forth by the American Academy of Pediatrics, or another qualified standard as determined by the department.
SECTION 5. Section 193 of said chapter 111, as so appearing, is amended by striking out, in lines 44 and 45, the words “, as defined by regulation by the director,”.
SECTION 6. Section 197C of said chapter 111, as so appearing, is hereby amended by striking out, in lines 3 to 5, inclusive, the words “in excess of the level considered dangerous to the child’s immediate health as determined by the department” and inserting in place thereof the following words:- that constitutes lead poisoning.
SECTION 7. Said section 197C of said chapter 111, as so appearing, is hereby further amended by striking out, in lines 22 to 24, inclusive, the words “in excess of the level considered dangerous to the child’s immediate health as determined by the department” and inserting in place thereof the following words:- that constitutes lead poisoning.
SECTION 8. Section 199 of said chapter 111, as so appearing, is hereby amended by striking out, in line 5, the words “at which the department defines” and inserting in place thereof the following words:- that constitutes.
SECTION 9. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 75, the words “one thousand five hundred dollars” and inserting in place thereof the following figure:- $3,000.
SECTION 10. Said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 86, the words “five hundred dollars” and inserting in place thereof the following figure: - $1,000.
SECTION 11. Section 5 of chapter 151B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 214, the figure “$10,000” and inserting in place thereof the following dollar figure: - $20,000.
SECTION 12. Said section 5 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 216, the figure “$25,000” and inserting in place thereof the following figure: - $35,000.
SECTION 13. Said section 5 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 220, the figure “$50,000” and inserting in place thereof the following figure: - $60,000.
SECTION 14. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “as follows: a” the words “twenty-five” and inserting in place thereof the following figure:- “35”.
SECTION 15. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “salesmen; a” the words “twenty-five” and inserting in place thereof the following figure:- “35”.
SECTION 16. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “services; a” the words “twenty-five” and inserting in place thereof the following figure:- “35”.
SECTION 17. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “lead inspections; a” the words “one hundred” and inserting in place thereof the following figure:- “125”.
SECTION 18. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “banks; and a” the words “twenty-five” and inserting in place thereof the following figure:- “35”.
SECTION 19. Sections 1 to 13, inclusive, shall take effect on January 1, 2024.
SECTION 20. Sections 14 to 18 to shall take effect on July 1, 2024.
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An Act enabling pharmacists to prescribe, dispense and administer PrEP
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S1353
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SD445
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:21:49.343'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:21:49.3433333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T16:06:52.7333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-07T16:33:53.31'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-07T16:33:53.31'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-07T16:33:53.31'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T16:33:53.31'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T16:33:53.31'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-07T16:11:36.68'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T11:39:48.0933333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T14:26:33.0033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-21T09:43:25.5233333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T13:39:01.7566667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1353) of Julian Cyr, Jack Patrick Lewis, Joanne M. Comerford, Susannah M. Whipps and other members of the General Court for legislation to enable pharmacists to prescribe, dispense and administer PrEP. 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': '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 removing barriers to care for physician assistants
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S1354
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SD450
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:35:45.063'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:35:45.0633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-21T09:34:16.32'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-14T17:44:29.15'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-14T17:44:29.15'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1354/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1354) of Julian Cyr for legislation to remove barriers to care for physician assistants. Public Health.
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SECTION 1. Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 7 by striking in section (g) the following, “pursuant to guidelines mutually developed and agreed upon by the supervising physician and the physician assistant,” and by further striking in the second sentence the following, “the board of registration in medicine”.
SECTION 2. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 9E by striking in line 2 the following: “when such services are rendered under the supervision of a registered physician. Such supervision shall be continuous but shall not require the personal presence of the supervising physician or physicians.” and inserting instead thereof, “…when such services are within the education, training and experience of the physician assistant and which the physician assistant is competent to perform.”
SECTION 3. Said Chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby further amended in section 9E by striking in the second paragraph the following: “as determined by a supervising physician” and further striking from the same paragraph the following: “...in assisting physicians in private practice, in group practices or in health care facilities, consistent with any applicable bylaws and policies of such facilities.”
SECTION 4. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended in section 9E by striking in the fourth and fifth paragraph the following: “If a physician assistant is employed by a physician or group of physicians, the assistant shall be supervised by and shall be the legal responsibility of the employing physician or physicians. The legal responsibility of such assistant shall remain that of the employing physician or physicians at all times including occasions when the assistant, under the direction and supervision of the employing physician or physicians, aids in the care and treatment of patients in health care facilities.”
If a physician assistant is employed by a health care facility, the legal responsibility for his actions and omissions shall be that of the employing facility. Such physician assistants shall be supervised by registered physicians. Such physician assistants employed by health care facilities shall not be utilized as the sole medical personnel in charge of emergency or outpatient services or any other clinical service where a physician is not regularly available.” and inserting instead thereof the following, “"The legal responsibility of the physician assistant shall remain that of the individual physician assistant, employing physician, group of physicians, or healthcare facility as part of the healthcare team responsible for the care and treatment of the patient"
SECTION 5. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended in section 9E by adding the following paragraphs: “A Physician Assistant must practice for at least 2,000 hours, within the context of a collaborative agreement, within a hospital or integrated clinical setting where physician assistants and physicians work together to provide patient care. The physician assistant shall submit written evidence to the board with the application, or upon completion of the required collaborative practice experience. A collaborative agreement is a mutually agreed upon plan for the overall working relationship between the physician assistant and one or more physicians that designates the scope of collaboration necessary to manage the care of patients. The physician assistant and collaborating physician(s) must have experience in providing care to patients with the same or similar medical problems. Nothing in this section shall allow a physician assistant to open their own practice and practice independently. Notwithstanding any other provisions of law, a physician assistant may bill separately for services rendered.”
SECTION 6. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 9F by striking in the third paragraph the following: “in consultation with the board of registration in medicine, and consistent with the authority of the board of registration in medicine over the supervising physician and the practice of medicine”
SECTION 7. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 9I by striking in the third paragraph the following: “and the name and address of any supervising physician.”
SECTION 8. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended in section 9I by striking in the fourth paragraph the following: “change of supervising physician.”
SECTION 9. Said Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 12B by striking in line 3 the following: “or supervising”.
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An Act relative to safer treatment for pain
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S1355
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SD623
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T14:13:56.87'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T14:13:56.87'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1355/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1355) of Julian Cyr for legislation relative to safer treatment for pain. Public Health.
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SECTION 1. Section 148 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following definition:-
“Dry needling”; “trigger point acupuncture”; or “intramuscular therapy”, an advanced needling skill or technique limited to the treatment of myofascial pain, using a single use, single insertion, sterile filiform needle (without the use of heat, cold or any other added modality or medication), that is inserted into the skin or underlying tissues to stimulate trigger points. Dry needling may apply theory based only upon Western medical concepts, requires an examination and diagnosis and treats specific anatomic entities selected according to physical signs. Trigger point acupuncture or dry needling does not include the stimulation of auricular points, utilization of distal points or non-local points, needle retention, application of retained electric stimulation leads or the teaching or application of other acupuncture theory.
SECTION 2. Said chapter 112, as so appearing, is hereby further amended by inserting after section 152 the following section:-
Section 152A. (a) Licensed health care professionals practicing dry needling, trigger point acupuncture, or intramuscular therapy shall meet the following criteria:
(i) At least 2 years of post-graduate, professional experience in private practice treating patients in an orthopedic setting;
(ii) Completion of 500 didactic hours and 150 clinical hours of training in the practice of dry needling, trigger point acupuncture, or intramuscular therapy;
(iii) Completion of a proper in-person educational program provided by qualified instructors as determined by the Department of Public Health;
(iv) Demonstration of minimal competency through a psychometrically sound, third party examination not administered by the required training course or educational program;
(v) In possession of an advanced orthopedic clinical certification;
(vi) Passage of The Clean Needle Technique (CNT) class and exam taught by the Council of Colleges of Acupuncture and Oriental Medicine (CCAOM);
(vii) Completion of any continuing education required for the practice of dry needling, trigger point acupuncture or intramuscular therapy;
(viii) Must be able to provide proof of all of the educational, training, and practical experience required by this section upon request of the Department of Public Health.
(b) Any treatment defined as dry needling, trigger point acupuncture, or intramuscular therapy shall be charted appropriately in the medical record by the practicing licensed health care professional.
(c) Any significant and adverse events, requiring follow up medical attention, as a result of the practice of dry needling, trigger point acupuncture, or intramuscular therapy shall be reported and documented with the Department of Public Health.
(d) Specific and appropriate written consent for treatment by the practice of dry needling, trigger point acupuncture, or intramuscular therapy shall be obtained by the licensed health care professional from the patient.
(e) Any licensed health care professional practicing dry needling, trigger point acupuncture, or intramuscular therapy shall maintain a malpractice insurance policy that specifies coverage for dry needling, trigger point acupuncture, or intramuscular therapy.
(f) The Department of Public Health shall promulgate a standard set of competencies including the knowledge, skills, and abilities needed for the safe and competent practice of trigger point acupuncture, dry needling, and intramuscular therapy as well as any further rules and regulations necessary for the implementation of this section.
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An Act to protect Massachusetts public health from PFAS
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S1356
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SD2053
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T10:45:31.543'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T10:45:31.5433333'}, {'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-20T12:32:02.5333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T16:06:29.1366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-25T11:42:52.5133333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-25T11:42:52.5133333'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-25T11:42:52.5133333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-25T11:42:22.7966667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-25T11:42:52.5133333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-26T11:31:05.7433333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-07T16:33:15.8966667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T16:33:15.8966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-07T16:33:15.8966667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T16:33:15.8966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:33:15.8966667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T16:33:15.8966667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T17:20:41.58'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-22T13:50:50.9866667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-22T13:50:50.9866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T13:50:50.9866667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-22T13:50:50.9866667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-07T16:10:32.8433333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T16:10:32.8433333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-07T16:10:32.8433333'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-14T11:38:46.5766667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T14:25:39.36'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T11:08:51.4766667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-30T13:37:19.9233333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-30T13:37:19.9233333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-05-01T08:31:19.0866667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-06-15T14:01:04.8033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-21T14:17:17.78'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-07-25T13:18:17.1733333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-03T14:37:13.9366667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1356) of Julian Cyr, Kate Hogan, Jack Patrick Lewis, Joanne M. Comerford and other members of the General Court for legislation to protect Massachusetts 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 enabling trained dental hygienists to administer dermal fillers and botox
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S1357
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SD2062
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T12:39:04.307'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T12:39:04.3066667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-28T12:48:48.2433333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-21T09:33:57.1266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1357/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1357) of Julian Cyr and David Henry Argosky LeBoeuf for legislation to enable trained dental hygienists to administer dermal fillers and botox. Public Health.
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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 LGBTQ health equity
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S1358
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SD2064
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T12:43:35.72'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T12:43:35.72'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1358/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1358) of Julian Cyr for legislation relative to LGBTQ health equity. Public Health.
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SECTION 1. Chapter 6A of the General Laws, as appearing in the 2020 Official Edition is hereby amended after section 16AA by inserting the following new section:-
Section 16AA ½. (a) The Executive Office of Health and Human Services, the Executive Office of Housing and Economic Development, the Executive Office of Labor and Workforce Development, the Executive Office of Education, and any other state agencies, offices, or departments designated by the Governor that directly or by contract collect demographic information via form documents or systems from commonwealth residents, such as information collected through the Massachusetts Virtual Epidemiologic Network, and from commonwealth residents seeking services, shall provide all persons providing such information or seeking such services who are either at least 14 years old or identify as the heads of their own households with a standardized, anonymous and voluntary demographics information survey that contains questions regarding sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status or other, with an option to write in a response and gender identity, including transgender, cisgender or intersex status or other, with an option to write in a response.
The survey shall be created by the Executive Office of Health and Human Services and may be updated as deemed necessary based on changing demographics.
(b) Not later than 180 days after the effective date of this section, the Executive Office of Health and Human Services shall submit to the legislature a plan to provide a mandatory training program and develop a manual for agency staff on how to invite persons served by state agencies to complete the survey. Such training and manual shall include, but not be limited to, the following:
(i) an overview of the categories of sexual orientation and gender identity;
(ii) providing constituents the option of completing the survey in a private space and filling out any paperwork without guidance from staff;
(iii) explaining to constituents that completing the survey is voluntary;
(iv) explaining to constituents that any data collected from such survey will not be connected to the individual specifically; and
(v) discussions regarding addressing constituents by their self-identified gender.
(c) Not later than 180 days after the effective date of this section, and annually thereafter, the offices, agencies, and departments described in paragraph a, and any other agencies so designated by the Governor, shall conduct an internal review and provide a report of all forms and systems being used that: collect demographic information addressing the questions contained on the survey, are completed by persons seeking services, and contain content or language in relation to collecting such information that is within the administering agency’s authority to edit or amend. The report shall include a list of all forms and systems reviewed, all forms and systems eligible for updating, an explanation of why any forms or systems are not eligible for updating, and a list of forms and systems to be updated. When practicable, when such forms are updated they shall request voluntary responses to questions about sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status, or other, and gender identity, including transgender, cisgender and intersex status or other. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about sexual orientation and gender identity no later than five years from the effective date of this section. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey as established by this section.
(d) Not later than 18 months after the effective date of this section, and annually thereafter, the offices, agencies, and departments described in paragraph a, and any other agencies so designated by the Governor shall make available to the public data for the prior fiscal year that includes, but is not limited to, the total number of individuals who have identified their sexual orientation or gender identity on the survey form described in paragraph (a) of this section and any forms and systems updated pursuant to paragraph (c) of this section, disaggregated by response option, agency and program. Such data shall be made available to the public through the state’s website.
(e) Each office, agency, and department that provides the survey form required pursuant to paragraph a of this section shall evaluate its provision of services in consideration of the data collected pursuant to this section and shall publish a report on any new or modified services developed based on such data. Such reports shall be submitted no earlier than 18 months after passage.
7. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting students and families serviced by Massachusetts public schools.
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An Act regarding the pediatric palliative care program
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S1359
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SD753
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T11:01:18.32'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T11:01:18.32'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T13:27:48.1666667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-07-12T16:41:46.0133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-08-09T11:34:57.82'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1359) of Sal N. DiDomenico and Jason M. Lewis for legislation relative to the pediatric palliative care program. Public Health.
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SECTION 1: Section 24K of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the following words:- “subject to appropriation”.
SECTION 2: Section 24K of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the figure “19” and inserting in place thereof the following figure:- “22”.
SECTION 3: Section 24K of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the following words:- "The program established by this section shall not give rise to enforceable legal rights in any party or an enforceable entitlement to the services described in this section and nothing stated in this section shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement", and inserting in place thereof the following words:-” All eligible children shall have access to these services. The department shall report caseload information and spending projections quarterly to the House and Senate Ways and Means Committees”.
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An Act establishing the Community Non-Profit Investment and Grant Program
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S136
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SD1063
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:06:45.687'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:06:45.6866667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 136) of Patrick M. O'Connor for legislation to establish the Community Non-Profit Investment and Grant Program. Community Development and Small Businesses.
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SECTION 1. Section 53 of Chapter 10 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding at the end the following new paragraph:-
There shall be a community non-profit board which shall determine the scope, criteria, awards process, and solicitation for an investment and grant program for community-based non-profit organizations. The board shall develop and oversee the Community Non-Profit Investment and Grant Program which shall be subject to appropriation and shall annually award grants to community-based organizations to further their work to improve their community or the lives of others. Any organization organized pursuant to section eight E of chapter twelve that is organized in the Commonwealth and performs community-based charitable work may be eligible for application to the commonwealth’s Community Non-Profit Investment and Grant Program. The grant program shall be organized by the board for the purpose of aiding and strengthening such corporations, community chests, funds and foundations as are organized and operated exclusively for nonproprietary and nonprofit-making purposes.
SECTION 2. The community non-profit board shall be tasked with developing guidelines for applications and promulgating regulations for award rounds, criteria for selection, and public outreach to solicit bids for application and raise awareness of the Community Non-Profit Investment and Grant Program. The board shall be organized under and overseen by the Massachusetts Cultural Council. The Massachusetts Cultural Council shall solicit local organizations for volunteer-based membership of the board. The board shall prepare and implement the Community Non-Profit Investment and Grant Program within 180 days of the passage of this act.
SECTION 3. This act shall take effect immediately upon its passage.
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An Act relative to delivered food
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S1360
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SD797
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T11:41:39.137'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T11:41:39.1366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1360/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1360) of Sal N. DiDomenico for legislation relative to delivered food. Public Health.
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SECTION 1: Chapter 270 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 27 the following section:-
"Section 28. No food delivery provider operating within the Commonwealth shall use staples in order to seal bags or containers carrying raw or prepared foods or beverages."
SECTION 2: This act shall take effect upon passage."
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An Act promoting patient safety and equitable access to care
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S1361
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SD1660
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T16:45:51.457'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T16:45:51.4566667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T15:07:20.0366667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-27T13:42:23.2933333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-26T15:07:20.0366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T15:07:20.0366667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-26T15:07:20.0366667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-26T15:07:20.0366667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T13:28:13.6533333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-31T11:19:26.8366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-31T11:19:26.8366667'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-31T11:19:26.8366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-01T14:15:18.4933333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T16:53:22.3966667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-02T20:56:07.6466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-11T11:14:13.6566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:14:13.6566667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-13T14:45:52.1433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-06T10:35:19.02'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-10T13:05:06.9233333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-27T16:59:32.4666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-08-01T17:02:22.55'}]
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1361) of Lydia Edwards, Michael D. Brady, Paul W. Mark, Jack Patrick Lewis and other members of the General Court for legislation to promote patient safety and equitable access to care. 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 the passage of this act.
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An Act relative to the Massachusetts lead law and promoting equal access to lead-free housing
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S1362
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SD1223
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:11:15.617'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:11:15.6166667'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1362) of James B. Eldridge for legislation relative to the Massachusetts lead law and promoting equal access to lead-free housing. Public Health.
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SECTION 1. Section 190 of said chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, each time it appears, in lines 21 and 23, the word “fourteen” and inserting in place thereof the word:- 21
SECTION 2. Said section 190 of said chapter 111 is hereby further amended by striking out, in line 26, the word “two” and inserting in place thereof the following word:- 5
SECTION 3. Said section 190 of said chapter 111 is hereby further amended by striking out, in line 32, the word “and” and inserting in place thereof the following words:- at least 2 of said members shall be active in the field of fair housing; and at least 2 of said members shall be active in the field of environmental justice.
SECTION 4. Section 193 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words:- or retarded
SECTION 5. Section 194 of said chapter 111, as so appearing, 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 6. The fifth paragraph of said section 194 of said chapter 111, as so appearing, is hereby amended by inserting 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 197.
SECTION 7. The fifth paragraph of said section 194 of said chapter 111, as so appearing, is hereby further amended by striking out the third sentence.
SECTION 8. Subsection (a) of section 197 of said chapter 111, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- This subsection shall remain in effect during the implementation of the transition schedule established as follows:
SECTION 9. Said subsection (a) of said section 197 of chapter 111 is hereby further amended by striking the second sentence.
SECTION 10. Said subsection (a) of said section 197 of said chapter 111, as so appearing, is hereby 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 subsection (b) or subsection (c), before renting or leasing said premises, without regard to the occupancy of a child under 6 years of age. For the purposes of this section, a high risk community shall be defined as a community with a 5-year incidence rate of confirmed greater than or equal to 5 micrograms per deciliter cases that is above the state 5-year incidence rate of confirmed greater than or equal to 5 micrograms per deciliter cases after adjusting for low to moderate income and housing stock built before 1978.
(2) Effective July 1, 2022, the owner of a 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 subsection (b) or subsection (c), before renting or leasing said premises, without regard to the occupancy of a child under six years of age.
SECTION 11. Section 197D of said chapter 111, as so appearing, is hereby amended by striking out in, lines 10 and 11, the words, “premises in which a child under the age of six resides,” and inserting in place thereof the words:- rental property.
SECTION 12. Said section 197D of said chapter 111, as so appearing, is hereby further amended by striking out, in lines 25 through 29, the words:- 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 13. Section 198 of said chapter 111, as so appearing, is hereby amended by striking out, in line 16, the word “party” and inserting in place thereof the word:- person.
SECTION 14. Section 199B of said chapter 111, as so appearing, is hereby amended by striking out the first and second paragraphs.
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Resolve establishing a special commission to broaden the availability of naloxone
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S1363
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SD1595
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:44:45.867'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:44:45.8666667'}]
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Resolve
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By Mr. Fattman, a petition (accompanied by resolve, Senate, No. 1363) of Ryan C. Fattman that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to broadening the availability of naloxone without a prescription. Public Health.
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Resolved, that a special commission to study the alternative and develop recommendations to broaden the availability of naloxone without prescription, including but not limited to recommendations on the standing order process, the collaborative practice agreement process, and/or legislative recommendations.
The special commission shall consist of: the secretary of health and human services or their designee, who shall serve as chair; the commissioner of the division of insurance or their designee; three members to be appointed by the governor, which shall include; one person who is a prescribing physician, one person who is a stakeholder within a retail pharmacy company, and one member of the general citizenry impacted by the opiate epidemic; two members of the house of representatives, one of whom to be appointed by the minority leader; two members of the senate, one of whom to be appointed by the minority leader; the director of the board of pharmacy or their designee; the director of the bureau of substance abuse services or their designee; provided, however, that the first meeting of the commission shall take place not later than January 1, 2025.
The special commission shall submit its recommendations, together with drafts of any legislation, to the clerks of the house of representatives and the senate, the chairs of the joint committee on mental health and substance abuse not later than May 1, 2025.
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An Act to repeal the state menthol ban
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S1364
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SD1628
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T11:28:19.223'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T11:28:19.2233333'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1364) of Ryan C. Fattman for legislation to repeal the state menthol ban. Public Health.
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SECTION 1. Chapter 270 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 28 and inserting in place thereof the following section:-
Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Characterizing flavor”, a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable before or during consumption of an electronic nicotine delivery system, including, but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no electronic nicotine delivery system shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.
“Constituent”, any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to an electronic nicotine delivery system during the processing, manufacturing or packaging of the electronic nicotine delivery system; provided, however, that “constituent” shall include a smoke constituent.
“Distinguishable”, perceivable by the sense of smell or taste.
“Electronic nicotine delivery system”, shall have the same meaning as in section 29.“Flavored electronic nicotine delivery system”, any electronic nicotine delivery system that contains a constituent that has or produces a characterizing flavor.
“Manufacturer”, a person that manufactures or produces an electronic nicotine delivery system.
“Person”, an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver.
“Retail establishment”, a physical place of business or a section of a physical place of business in which an electronic nicotine delivery system is offered for sale to consumers.
“Retailer”, a person that operates a retail establishment.
“Smoke constituent”, any chemical or chemical compound in mainstream or sidestream smoke that transfers from any component of the electronic nicotine delivery system to the smoke or that is formed by the heating of additives or other component of the electronic nicotine delivery system.
“Electronic nicotine delivery system flavor enhancer”, any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any electronic nicotine delivery system.
“(b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution (i) by a smoking bar, as defined in section 22, of flavored tobacco products or tobacco product flavor enhancers for on-site consumption, or (ii) to any tobacco product that receives an order from the United States Food and Drug Administration under 21 U.S.C. § 387j, or an order under § 387k(g). No person, retailer or manufacturer shall market or advertise a proposed sale or distribution that is prohibited herein.”
(c) A person, retailer or manufacturer may make a sale of flavored electronic nicotine delivery systems by online, phone, or other means for delivery to a consumer located in another State.
(d) Public statements, claims or indicia made or disseminated by a manufacturer or by any person authorized or permitted by the manufacturer to make or disseminate public statements, claims or indicia concerning such electronic nicotine delivery system, that such electronic nicotine delivery system has or produces a characterizing flavor shall constitute presumptive evidence that the electronic nicotine delivery system is a flavored electronic nicotine delivery system.
(e) A person who violates this section shall be subject to the same fines established for violations of section 6.
(f) Marijuana or marijuana products as defined in section 1 of chapter 94G shall not be subject to this section.
(g) The department of public health may promulgate such procedures, rules or regulations as it deems necessary to implement this section.
SECTION 2. Section 29 of chapter 270 of the General Laws is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to retail tobacco stores or smoking bars. This subsection shall not apply to the sale of any product that receives a marketing order from the United States Food and Drug Administration under 21 U.S.C. § 387j.
SECTION 3. Notwithstanding any general or special law to the contrary, the department of revenue shall study and report on the impact to the Commonwealth’s tax revenue by the passage of this act. Said study shall analyze and compare the Commonwealth’s tax revenues, as impacted by Chapter 133 of the Acts of 2019 and this act, over a duration of time that allows for a comparison of each act’s impact. The department shall report its findings and recommendations by filing the same with the clerks of the senate and house of representatives, the respective chairs of the joint committee on revenue and the respective chairs of the committees on ways and means not later than July 2025.
SECTION 4. This act shall take effect on July 2024.
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An Act authorizing Valley Chapel in the town of Uxbridge to construct and operate a columbarium for the disposition of ashes of certain community members
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S1365
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SD1654
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-18T10:34:30.63'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-18T10:34:30.63'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1365) of Ryan C. Fattman for legislation to authorize Valley Chapel in the town of Uxbridge to construct and operate a columbarium for the disposition of ashes of certain community members. Public Health.
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Notwithstanding section 43D of chapter 114 of the General Laws or any other general or special law to the contrary, Valley Chapel in the town of Uxbridge may construct and operate a columbarium on its property located at 14 Hunter road in the town of Uxbridge, which may serve as a repository for ashes of members of the community who may not be regular attendants of the congregation or their families, subject to rules and regulations being established by Valley Chapel and approved by the department of public health.
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An Act improving newborn screening tests
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S1366
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SD2344
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:48:30.98'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:48:30.98'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-17T13:03:37.6033333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-06T09:29:19.6166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-22T14:58:05.02'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-04-26T11:40:48.8166667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-04-27T09:50:26.8266667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-01T17:14:51.46'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-08-18T09:54:17.3233333'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1366) of Ryan C. Fattman, Steven Owens and Jacob R. Oliveira 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 2020 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 emergency medical services oversight
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S1367
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SD838
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:08:03.93'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:08:03.93'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1367) of Paul R. Feeney for legislation to modernize 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 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, 2024.
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 patient identity and privacy protection in waiting rooms
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S1368
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SD839
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:31:54.023'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:31:54.0233333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1368) of Paul R. Feeney for legislation relative to patient identity and privacy protection in waiting rooms. 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 word “law”, in line 46, the following words:- , provided that confidentiality shall extend to a facility’s common areas and waiting rooms.
SECTION 2. Said section 70E, as so appearing, is hereby further amended by adding the following paragraph:-
Providers shall develop and implement a system to protect the confidentiality of all patients and residents throughout the facility, including common areas and waiting rooms. Providers shall not be permitted to announce the first and or last name of patients in common areas and waiting rooms and shall implement a program that provides anonymity such as a patient numbering system or the use of electronic pagers.
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An Act to establish a pilot program for specialty pharmacy in urology
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S1369
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SD1095
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:40:57.787'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:40:57.7866667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-01T13:44:37.74'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1369) of Paul R. Feeney and Paul McMurtry for legislation to establish a pilot program for specialty pharmacy in urology. Public Health.
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(a) The department of public health and the board of pharmacy shall jointly develop a pilot program to allow urology providers in private practice to operate specialty practice pharmacies in an effort to expand patient access to medications for urological conditions.
(b) The department of public health, in consultation with the board of pharmacy, shall determine the criteria for participation in the program, including the number of practices that may participate; provided that a practice must accept MassHealth patients to qualify for participation in the program. The department may conduct a listening session or other public process to receive input from interested parties regarding the criteria and other aspects of the program.
(c) Each specialty practice pharmacy program shall be operated by a urology practice and shall be staffed as needed to provide appropriate high-quality care, under protocols for pharmaceutical services, specific medications to be offered, and staffing requirements to be developed by the department of public health and the board of pharmacy.
(d) The department of public health shall issue a request for proposals for qualified urology practices to submit proposals to become a provider of pharmaceutical services under this section; provided, that proposals must be submitted and providers selected within 6 months of the date of enactment of this act. In selecting participants for the program, the department and the board of pharmacy shall consider each applicant’s patient payer mix, patient population demographics, organization structure and size, and region of service, in an effort to promote more direct and equitable access to urological medication in underserved populations. The department and the board should prioritize applicants that can provide high quality pharmaceutical services and that address barriers that contribute to inequities in urological pharmaceutical care, including among gender, race, ethnicity, language, sexual orientation, social stigma and other social determinants of health.
(e) The pilot program shall be conducted for 2 years. Before the completion of 2 years of operation, the department of public health and the board of pharmacy shall evaluate the results of the pilot as they relate to patient access to medication, patient costs, patient adherence to medication, and additional pharmaceutical indicators. The results of the evaluation shall be provided to the joint committee on public health and posted on the website of the department. The department and the board may renew the pilot program for a second 2-year period if they determine, based on the evaluation, that it is in the public interest to continue the program.
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An Act limiting time period parking lots can remain open
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S137
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SD519
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:39:15.887'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:39:15.8866667'}]
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 137) of Walter F. Timilty for legislation to limit the operation of parking lots subcontracted for a single-use event. Community Development and Small Businesses.
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Notwithstanding any law, rule or regulation to the contrary, whenever the operation of a permanent entertainment venue with seating for thirty thousand or more persons is subcontracted for a single use event from an existing user or owner, the duration of operation of its parking areas shall be limited to a period of two hours prior to the start time of the event through two hours following the end of the event, excluding any educational venue or a venue that is subcontracted out for a high school, college or university event.
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An Act relative to student safety in interscholastic athletic activities
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S1370
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SD1138
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:44:54.497'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:44:54.4966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T14:09:58.3433333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-08T15:26:10.5966667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-04T13:37:54.9233333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:54:32.1533333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1370) of Paul R. Feeney, Jack Patrick Lewis and John J. Cronin for legislation relative to student safety in interscholastic athletic activities. Public Health.
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SECTION 1. Section 54A of chapter 71 of the general laws, as appearing in the 2014Official Edition, is hereby amended by inserting after the words “eleven C“, in line 3, the following words:- , or a licensed athletic trainer, who has completed the annual head injury safety training, as required by 105 CMR 201.007.
SECTION 2. Said section 54A of said chapter 71 is hereby further amended by inserting at the end thereof the following new paragraph:- A licensed athletic trainer shall be employed by a superintendent or school committee at every high school in the commonwealth offering interscholastic athletic activities.
SECTION 3. Section 8A (b)(7) of chapter 69 is amended by inserting the word “athletic” after “coaches” and before “trainers”. Section 8A (c) of chapter 69 is hereby amended by inserting the word “athletic” after “coaches” and before “trainers”.
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An Act establishing testing protocol and care for victims of date rape drugs
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S1371
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SD2411
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T16:58:06.167'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T16:58:06.1666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T13:54:35.3033333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-23T13:33:05.6833333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-06T16:28:40.0233333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1371) of Paul R. Feeney, Patrick M. O'Connor and Patrick Joseph Kearney for legislation to establish testing protocol and care for victims of date rape drugs. Public Health.
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SECTION 1. Section 2VVVV of Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out clause (vii) and inserting in place thereof the following three causes:-
(vii) costs associated with developing and implementing a testing standard for patient-reported involuntary consumption of drugs commonly used for drug facilitated sexual assault, whether or not a sexual assault has occurred, when presenting at a hospital facility in the Commonwealth; (viii) costs associated with establishing an trauma-based empathy training program for nurses examining patients reporting involuntary consumption of said drugs when presenting at a hospital facility in the commonwealth(ix) other services needed by the sexual assault nurse examiner program to support program operations and development.
SECTION 2. (a) There shall be within the department of public health, division of sexual health and youth development a date rape drug response and intervention task force to study, report, and recommend regulations relative to patient access to hospital care for incidents of suspected or confirmed date rape drug ingestion.
(b) The date rape drug response and intervention task force shall consist of the following members or their designees: the commissioner of the department of public health, who shall serve as chair; the secretary of health and human services; and 9 persons to be appointed by the chair with representation from relevant medical professionals and members of relevant community organizations.
(c) The taskforce shall be tasked with (i) formulating the definition of date rape drugs; (ii) collecting data and tracking confirmed incidents of date rape drug ingestion; (iii) issuing recommendations on standardizing care, and testing at hospital facilities across the commonwealth for suspected date rape drug ingestion regardless of whether or not a sexual assault has occurred.
(d) According to the definition of date rape drugs established by the taskforce, the department of public health shall produce a list of all qualifying date rape drugs and publish on the department webpage. The department shall provide resources on qualifying date rape drugs to serve as an informational source for the general public on the department webpage. The department shall provide on said website all available resources to individuals who suspect they have been a victim of involuntary consumption of a drug commonly used for facilitated sexual assault.
(e) The department shall require all hospitals to issue a urine sample or relevant drug testing sample to test for the presence of a date rape drug upon request by the patient.
(f) The task force shall prepare its findings and recommendations, together with drafts of legislation or regulations necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and house of representatives and the joint committee on public health not later than 1 year after the effective date of this act.
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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 increase access to blood donation
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S1372
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SD1283
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:42:53.34'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:42:53.34'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-08T15:57:19.9966667'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 1372) of Barry R. Finegold for legislation to increase access to blood donation. Public Health.
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Section 184B of chapter 111 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the words “federal hospitals,” the following:- an organization registered as a blood establishment with the federal Food and Drug Administration.
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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 athletic training
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S1373
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SD1290
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:28:24.453'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:28:24.4533333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-13T17:05:06.87'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-02-24T10:40:14.18'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T15:37:23.7833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T15:37:23.7833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-07T15:37:23.7833333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-07T15:37:23.7833333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-08T17:18:16.9666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-09T14:47:37.3666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T12:02:06.4466667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-04T16:24:54.7666667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-04-28T16:13:41.0633333'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 1373) of Barry R. Finegold, Lydia Edwards, Adam Scanlon, Paul R. Feeney and other members of the General Court for legislation relative to athletic training. Public Health.
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SECTION 1. Section 23A of chapter 112 of the General Laws is hereby amended by striking out the definitions of “athletic trainer” and “athletic training” and inserting in place thereof the following new definitions:-
“Athletic trainer”, a person who is duly licensed to practice athletic training in the commonwealth in accordance with section 23B.
“Athletic training”, the application of principles, methods and procedures of evaluation and treatment of injuries and other medical conditions consistent with the educational standard and role delineation of the athletic trainer through the use of appropriate preventative, emergent, and rehabilitative care, supportive devices, temporary splinting, bracing and physical modalities, including, but not limited to, heat, cold, massage, water, electric stimulation, sound, exercise and exercise equipment. Athletic training includes education and instruction to coaches, athletes, parents, other medical personnel and the community in the area of care and prevention of injuries and other medical conditions.
SECTION 2. The board of allied health professions shall review and update the rules and regulations pursuant to section 23M of chapter 112 of the General Laws within 180 days of the passage of this act.
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An Act establishing a special commission to study the youth sports industry
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S1374
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SD1436
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T18:11:25.247'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T18:11:25.2466667'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 1374) of Barry R. Finegold for legislation to establish a special commission to study the youth sports industry. 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 postpartum depression screening
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S1375
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SD1117
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T15:05:38.087'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T15:05:38.0866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T10:03:56.8766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-26T16:01:08.4566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:10:07.6266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:34:40.9366667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-02T10:40:24.13'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-07T17:16:21.6366667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-13T18:01:51.1333333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-20T17:02:39.34'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-06T14:21:36.5633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-06-16T10:17:34.1866667'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1375) of Cindy F. Friedman, Rebecca L. Rausch, Patrick M. O'Connor, Vanna Howard and other members of the General Court for legislation relative to postpartum depression screening. Public Health.
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Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-
Section 10O. The division shall provide coverage of screenings by pediatricians for postpartum depression in parents of newly born children during any visit to a pediatrician’s office taking place for up to 1 year from the date of the child’s birth.
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An Act to promote public safety and certainty related to child deaths
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S1376
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SD1133
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T13:43:22.79'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T13:43:22.79'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:52:42.52'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T09:17:30.1633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T09:59:29.0733333'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1376) of Cindy F. Friedman, Joanne M. Comerford and Paul R. Feeney for legislation to promote public safety and certainty related to child deaths. Public Health.
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Chapter 38 of the General Laws is hereby amended by inserting after section 2A the following section:-
Section 2B. In the case of the death of a child under the age of two, the chief medical examiner shall review and approve: (i) the findings and report of the medical examiner performing the autopsy to determine the cause of death; and (ii) any change to the autopsy report.
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An Act relative to the health care workforce
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S1377
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SD2200
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-20T11:53:59.53'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-20T11:53:59.5433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T09:48:59.6266667'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1377) of Cindy F. Friedman and Rebecca L. Rausch for legislation relative to the health care workforce. Public Health.
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Notwithstanding any general or special law to the contrary, the secretary of health and human services shall conduct an analysis and issue a report on the health care workforce challenges facing the commonwealth’s health care system, including the effects of health care job vacancies on the accessibility, quality, equitable delivery and cost of health care services. In developing the report, the secretary shall seek input from the health policy commission, the Massachusetts Health and Hospital Association, the Massachusetts Medical Society, the Association of Behavioral Health, the Massachusetts Association of Health Plans, Blue Cross Blue Shield of Massachusetts, the Massachusetts Nurses Association, the Massachusetts Chapter of the National Association of Social Workers, Massachusetts Association of Physician Assistants, the Massachusetts League of Community Health Centers, the board of registration in medicine, the board of registration in nursing, the secretary of labor and workforce development, the commissioner of higher education, the Massachusetts Association of Community Colleges, institutions of higher education that offer certification, training or degree programs for aspiring health care professionals, and any other stakeholders deemed relevant by the secretary.
The report shall include, but not be limited to: (i) an assessment and detailed description of the essential workforce components of a robust health care system and the types and quantity of health care personnel needed to deliver high-quality care, from birth to death, to all residents in the commonwealth; (ii) an evaluation of current health care job vacancies in the commonwealth by job title, qualifications and geographic region, and recommendations for filling such vacancies; (iii) an analysis of the impact of burnout on health care workers, including its impact on workforce retention rates, and strategies for mitigating burnout; (iv) an examination of the closures of health care services classified as essential by the department of public health or other relevant agency due to workforce shortages and the impact that the loss of such essential services have had on access to and the quality of health care services to the communities affected by the closure of such essential services; (v) an assessment of the barriers to entering the health care workforce, including the cost, including student loans, of certification, training, or degree programs; (vi) strategies and best practices for developing and maintaining a vibrant, equitable and diverse statewide health care workforce pipeline; (vii) an analysis of the amount health care entities are paying for traveling or contracted workers; and (viii) an evaluation of whether maintaining certain public health emergency flexibilities that have been in place through the COVID-19 pandemic related to licensing, staffing and capacity innovations would help the commonwealth meet its health care workforce needs.
The secretary shall submit the report to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means, and the chairs of the joint committee on health care financing not later than 1 year after the effective date of this act.
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An Act regarding death certificates online
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S1378
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SD2205
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-20T14:16:28.963'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-20T14:16:28.9633333'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 1378) of Anne M. Gobi for legislation to regard death certificates online. Public Health.
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Section 9 of Chapter 46 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended, in line 6, by adding after the word “registration” the following words:- “, through the Vitals Information Partnership as administered by the department of public health”.
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An Act to improve oral health for all Massachusetts residents
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S1379
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SD747
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T15:44:40.933'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T15:44:40.9333333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T13:25:56.0166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-23T15:30:50.0533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T09:59:31.9566667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-15T12:10:58.4266667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-26T09:24:55.0466667'}]
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1379) of Adam Gomez, Jason M. Lewis, Sal N. DiDomenico and James B. Eldridge for legislation to improve oral health for all Massachusetts residents. 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 so appearing, 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 so appearing, is hereby amended by inserting after the word "disparities", in line 9, the following:-
The dental director shall be responsible for recruiting, monitoring 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 so appearing, 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, 2020, the board shall approve a comprehensive, competency- based clinical dental therapy examination that includes 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, 2021 and no later than December 1, 2022, 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 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 of the 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 assistanceor 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 setting 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, 2020, 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 so appearing, 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 so appear, 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 so appearing, 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 heath, 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 heath, the joint committee on health care financing and the senate and house committees on ways and means.
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An Act authorizing municipalities to use funds for flood control infrastructure and floodplain preservation
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S138
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SD767
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T11:57:54.287'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T11:57:54.2866667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:53:00.4433333'}]
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 138) of John C. Velis and Kelly W. Pease for legislation to authorize municipalities to use funds for flood control infrastructure and floodplain preservation. Community Development and Small Businesses.
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Subsection (c) of section 5 of chapter 44B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the words “support of community housing;” the following words:- for the rehabilitation or restoration of historical or recreational projects that are acquired or created prior to 2000, including but not limited to, flood control infrastructures, floodplain preservation;
Subsection (c) of section 5 of chapter 44B of the General Laws, is hereby amended by inserting after the words “shall not be used for” the following words;- regular upkeep and general.
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An Act to strengthen our public health infrastructure to address alzheimer’s and all dementia
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S1380
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SD1078
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T13:29:47.273'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T13:29:47.2733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T10:53:48.3'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-09T17:43:31.6166667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-09T17:43:31.6166667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-10T10:36:51.3333333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T13:33:08.16'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-17T11:33:11.52'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T11:33:11.52'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T13:27:30.6533333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T13:27:30.6533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-23T11:00:35.13'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-13T12:28:13.3633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T12:13:38.01'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-23T15:50:36.5966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-29T12:33:56.7166667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-06T16:17:35.5833333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-27T10:27:16.98'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-10T14:21:38.9566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T13:42:58.0933333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-09T09:48:41.1733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-27T14:19:52.9033333'}]
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1380) of Adam Gomez, Vanna Howard, Jack Patrick Lewis, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to strengthen our public health infrastructure to address alzheimer’s and all 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:
24O: Alzheimer’s Disease and Related Dementias Awareness
1. 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:
(a) 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;
(b) 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
(c) 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.
2. 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 inserting after (3) the following section:-
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
1. 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.
SECTION 6. This act shall take effect upon becoming a law.
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An Act to increase access to disposable menstrual products
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S1381
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SD1171
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T11:56:14.54'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T11:56:14.54'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T09:26:29.54'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-24T10:52:58.94'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-26T09:48:58.8033333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-26T14:26:27.5033333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-26T16:29:49.6866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T09:32:37.51'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-31T12:11:09.5966667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-31T15:01:13.77'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T13:21:22.6333333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T10:27:17.1733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T16:05:59.1266667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-03T11:05:01.9566667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-07T13:56:50.4833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T09:42:46.22'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-13T12:47:15.47'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T09:15:18.86'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T18:24:28.3'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T11:19:15.43'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-08T14:35:12.69'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T11:39:44.34'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-24T16:57:34.0633333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-05-01T10:48:44.1833333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-05-02T13:20:08.5633333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-05-31T14:45:33.1966667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-05-31T14:45:33.1966667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-05-31T14:45:33.1966667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-21T12:19:23.9066667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-07-27T14:48:01.2666667'}]
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1381) of Patricia D. Jehlen, Rebecca L. Rausch, Jack Patrick Lewis, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to increase access to disposable menstrual products. Public Health.
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SECTION 1. Chapter 23B of the General Laws is hereby amended by adding the following section:-
Section 31. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Disposable menstrual products”, products used by a menstruating individual including, but not limited to, sanitary napkins, tampons and underwear liners.
“Menstruating individual”, a person who menstruates.
(b) Any provider of temporary housing assistance, including, but not be limited to, a family shelter, a shelter for adults, a hotel used for emergency shelter, an emergency apartment, a domestic violence shelter, a runaway and homeless youth shelter or a safe house for refugees, shall provide disposable menstrual products at no cost to a menstruating individual. The disposable menstrual products shall be available in a convenient manner that does not stigmatize the individual seeking such products.
SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting after section 3 the following section:-
Section 3A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Disposable menstrual products”, products used by a menstruating individual including, but not limited to, sanitary napkins, tampons and underwear liners.
“Menstruating individual”, a person who menstruates.
(b) Every primary and secondary school shall provide disposable menstrual products at no cost to students. The disposable menstrual products shall be available in a convenient manner that does not stigmatize the individual seeking such products, including, but not limited to, in restrooms for menstruating individuals.
SECTION 3. Chapter 127 of the General Laws is hereby amended by adding the following section:-
Section 170. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Administrator”, the keeper of a lock-up facility under chapter 40, the superintendent of a correctional facility under chapter 125, a sheriff or special sheriff in charge of a jail, house of correction or regional lock-up facility under chapter 126, the colonel of state police and any other official who oversees a facility used for the detention of persons arrested and held in custody or serving a sentence.
“Disposable menstrual products”, products used by a menstruating individual including, but not limited to, sanitary napkins, tampons and underwear liners.
“Menstruating individual”, a person who menstruates.
(b) The administrator shall provide disposable menstrual products to menstruating individuals held or housed in the facility overseen by the administrator at no cost. The disposable menstrual products shall be available in a convenient manner that does not stigmatize the individual seeking such products.
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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 improve outdoor and indoor air quality for communities burdened by pollution
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S1382
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SD1180
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-19T10:07:42.197'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-19T10:07:42.1966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:09:44.55'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-03T15:24:08.3966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T15:49:39.7633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T10:51:21.6566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T14:32:53.0533333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T14:32:53.0533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T10:57:33.7666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T14:33:50.0466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-13T14:33:50.0466667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T15:03:30.8166667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T16:50:24.38'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-02T10:37:15.6733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-13T15:43:49.52'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-13T15:43:49.52'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-24T12:15:20.7033333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-10-11T10:23:54.8466667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-10-12T13:54:31.0666667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-10-16T09:25:16.1'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-10-16T09:25:16.1'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1382/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1382) of Patricia D. Jehlen, Vanna Howard, Sal N. DiDomenico, Rebecca L. Rausch and other members of the General Court for legislation to improve outdoor and indoor air quality for communities burdened by transportation pollution. Public Health.
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SECTION 1. Chapter 111 of the Massachusetts General Laws is hereby amended by adding the following definitions in section 1:-
“black carbon” shall mean those fine particles less than or equal to 2.5 micrometers in diameter (also known as soot).
“environmental justice population” shall mean the populations defined in section 62 of chapter 30.
“HEPA filtration” shall mean a high efficiency particulate arrestance filtration system that removes at least 99 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-10.0 microns and is equivalent to a MERV 17, MERV 18, MERV 19, or MERV 20 filter.
“MERV 16 filter” shall mean a minimum efficiency reporting value filtration system that removes at least 95 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-10.0 microns.
“particulate matter” or “particulates” shall mean a broad class of chemically and physically diverse substances that exist as discrete particles in air, including coarse, fine, and ultrafine particles.
“fine particulate matter” or “fine particulates” shall mean particulate matter less than or equal to 2.5 micrometers in diameter.
“ultrafine particulate matter” or “ultrafine particulates” shall mean particulate matter less than or equal to .1 micrometers in diameter (.1 micrometers is equivalent to 100 nanometers).
SECTION 2. Chapter 21A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 18A, as Section 18B, the following section:-
The department of environmental protection, in consultation with the executive office of energy and environmental affairs and department of environmental health, shall convene a technical advisory committee comprised of: residents of environmental justice populations living adjacent to major highways; academics with expertise in air monitoring, environmental health, air toxics, and air pollution; and labor representatives; for the purpose of identifying communities with high cumulative exposure burdens for toxic air contaminants and criteria pollutants. The department shall convene the technical advisory committee by December 1, 2024. The technical advisory committee shall identify the likely air pollution hotspots due to high concentrations of traffic-related air pollution throughout the Commonwealth that should be equipped with new or expanded air monitors and establish a definition of “air quality” and “air quality target pollutants” that includes, but is not limited to, consideration of criteria pollutants, black carbon, and ultrafine particulate matter.
By June 30, 2026, the department of environmental protection shall install and operate stationary air monitors in at least eight air pollution hotspots that measure for at least one of the following pollutants: black carbon, nitrogen oxides, ultrafine particulate matter. By June 30, 2027, the department of environmental protection shall establish baseline air quality in air pollution hotspots. Data from the air monitors shall be publicly accessible and provide near-time information. The department of environmental protection shall work with residents of environmental justice populations to conduct participatory action research where residents can use mobile air sensors to expand the number of locations where residents can track air quality.
Once those hotspots are determined and the baseline data is established, the department of environmental protection shall set annual targets to decrease air quality target pollutants between 2026 and 2035 to improve the air quality in that location. Air monitoring data shall be collected every three years between 2026 and 2035 to measure progress toward achieving air quality target pollutants reduction targets and make such data publicly available. By December 31, 2030, the department of environmental protection shall ensure that air pollution hotspots will have achieved air quality target pollutant concentrations that are at least 50 percent below the baseline in each hotspot and certify as such by publicly reporting compliance. By December 31, 2035, the department of environmental protection shall ensure that air quality target pollutants concentrations in hotspots are at least 75 percent below the baseline in each hotspot and certify as such by publicly reporting compliance.
The department of environmental protection, in consultation with the department of public health, shall promulgate regulations for conducting indoor/outdoor assessments monitoring exposure to ultrafine particulate matter and black carbon particulate matter concentrations present in the indoor air of existing and proposed buildings, based on the best available science about the health risks associated with ultrafine particulate matter and black carbon. The department of environmental protection’s regulations shall at minimum set forth standard procedures for conducting air dispersion modeling, managing air pollution, monitoring ultrafine particulate matter, and estimating exposure.
The provisions of this chapter may be enforced by means of an action in the superior court seeking either injunctive relief, a declaratory judgment, a writ of mandamus or any combination thereof. No such action may be commenced without the plaintiff providing written notice of the violations of this chapter to defendants at least sixty (60) days prior to filing a legal action in superior court. All persons shall have standing to commence such enforcement actions. Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs who seek relief under this section.
SECTION 3. Section 26 of Chapter 111 shall be amended by adding the following section after the first paragraph:-
Boards of health shall require the installation of air filtration in eligible buildings located within 200 meters of a class 1, class 2 or class 3 roadway, marine terminal, airport, or a train station or train yard serving diesel locomotives. Eligible buildings include: (i) existing residential public housing; (ii) existing residential private multifamily housing with more than two tenant-occupied units; (iii) existing public schools serving students of any age in grades kindergarten through twelfth grade; (iv) existing private schools serving students of any age in grades kindergarten through twelfth grade; (v) existing charter schools serving students of any age in grades kindergarten through twelfth grade; (vi) existing college and university buildings with one or more classrooms; (vii) existing commercial buildings with businesses that have five or more full-time employees; and (viii) existing correctional facilities, including prisons and jails. Boards of health shall require that air filtration be maintained throughout the building operation.
The department of environmental protection, in consultation with the department of public health, department of elementary and secondary education, and executive office of administration and finance, shall identify funding sources to provide incentives for eligible buildings that are schools, private housing, and public housing to cover the cost of installing air filtration equipment.
Air filtration equipment installed in eligible buildings that are schools, commercial buildings greater than 20,000 square feet, and residential buildings with more than 10 units shall be MERV 16 or other equipment that removes at least the same amount of ultrafine particulate matter as a MERV 16 filter.
SECTION 4. Section 4A of chapter 15D of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
(e) The department of early education and care shall issue a new original license for a school age child care program, day care center, family day care system, group care facility or temporary shelter facility, family day care home or large family day care home which is not a part of a family day care system, as defined in section 1A of chapter 15D of the General Laws, only after the applicant has:
(1) carried out the indoor/outdoor assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate the concentration of fine, ultrafine, and black carbon particles in indoor air is or will be mitigated to at least 80 percent below outdoor air concentrations; or
(2) installed a MERV 16 filter in mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.
(f) No license shall be issued until acceptable mitigation has been installed and is functioning.
SECTION 5. Section 1A of chapter 40A of the General Laws, as so appearing is hereby amended by inserting before the definition of “permit granting authority” the following definitions:-
“construction” shall mean new construction or rehabilitation up to 50 percent of assessed value.
“hospital” shall mean any institution in the Commonwealth of Massachusetts, however named, whether conducted for charity or for profit, which is advertised, announced, established or maintained for the purpose of caring for persons admitted thereto and staying overnight for diagnosis or medical, surgical or restorative treatment which is rendered within said institution; but shall not include clinics, day surgery centers, dialysis centers, or other such health care facilities which do not admit patients overnight.
“long-term care facility” shall mean any institution whether conducted for charity or profit which is advertised, announced or maintained for the express or implied purpose of providing three or more individuals admitted thereto with long-term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons. Long-term care facility shall include convalescent or nursing homes, rest homes, and charitable homes for the aged.
“particulate matter mitigation” shall mean strategies, structural and nonstructural, that verifiably reduce indoor ultrafine particle levels by 80 percent, relative to outdoor levels.
“publicly funded” shall mean any entity or institution which receives federal, state or municipal monies, grants, and/or subsidies.
“publicly subsidized” shall mean any project receiving any form of direct funding, loan, loan guarantee, tax credit, TIF funding, publicly bonded funds, or property tax incentives, issued or granted by any public or quasi-public entity.
“school” shall mean any public or private institution primarily engaged in the education of persons aged 18 years and younger. This definition does not include institutions of higher education.
SECTION 6. Section 94 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting the following paragraphs after section (r):-
(s) No permit granting authority shall grant a building permit for any proposed residential development, hospital, school, long-term care facility, school aged child care program, day care center, family day care home or large family day care home which is not a part of a family day care system, family day care system, or group care facility or temporary shelter facility as defined in section 1A of chapter 15D of the General Laws unless:
(a) the owner or applicant carries out an indoor/outdoor particulates assessment consistent with the regulations adopted pursuant to section 18B of chapter 21A of the General Laws, and the assessment results indicate that the concentration of ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or
(b) the owner or applicant has installed a MERV 16 filter in the building’s mechanical ventilation system.
SECTION 7. Subsection a of section 6 of chapter 70B of the General Laws, as so appearing, is hereby amended by inserting after subparagraph (6) the following paragraph:-
(7) If the school project includes structures, apart from parking structures and accessory structures, as defined in Section 21 of Chapter 17 of the General Laws or a train station or train yard serving diesel locomotives, the applicant shall:
(a) carry out the indoor/outdoor particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate that the concentration of ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or
(b) install a MERV 16 filter in the mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.
SECTION 8. Section 51 of Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
No original license shall be issued to establish a hospital so as to place structures inhabited by patients unless the developer:
(1) has carried out the indoor/outdoor particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate that indoor ultrafine particulate matter and black carbon levels are or will be mitigated to at least 80 percent below that of outdoor levels. In the case of a facility previously licensed as a hospital in which there is only a change in ownership, no such particulates assessment shall be required, in the absence of expansions or new construction; or
(2) has installed a MERV 16 filter in the mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.
SECTION 9. Section 71 of Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
No original license shall be issued to establish a convalescent or nursing home, rest home or charitable home for the aged so as to place residential structures unless the developer:
(1) has carried out the particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate indoor ultrafine particulate matter and black carbon levels are or will be mitigated to at least 80 percent below those of outdoor levels. In the case of a facility previously licensed in which there is only a change in ownership, no such health risk assessment shall be required, in the absence of expansion or new construction; or
(2) has installed a MERV 16 filter in the mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.
SECTION 10. Section 1 of chapter 111 of the General Laws is hereby amended by inserting the following definitions:-
“Indoor mold,” visible living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins, on an interior surface of a building, including common spaces, utility spaces, HVAC, or other systems.
“Indoor mold assessment,” an indoor mold assessment conducted by an indoor mold remediation professional.
“Indoor mold hazard,” indoor mold growth of ten square feet (10 ft.2) or more in an affected area.
“Owner,” as provided in section 189A of chapter 111.
“Premises,” any residential premises, dwelling unit, or residential property.
SECTION 11. Section 127A of chapter 111 shall be amended to add the following sections after the second paragraph:-
Section 1.
(a) An owner leasing a premises shall notify tenants of the premises and prospective tenants who are about to enter an agreement to rent the premises about the hazards of indoor mold as follows:
(1) The department shall, by July 1, 2024, prepare a standard notification brochure and such other materials as may be necessary to inform occupants and owners about the hazards associated with indoor mold; measures which can be taken by occupants and owners to reduce the risk of indoor mold; and tenants’ rights and owners’ obligations pursuant to sections 127A, 127B, and 127C of chapter 111, inclusive, and regulations promulgated thereunder. Such materials shall also describe the need for tenants to promptly notify owners of the appearance of indoor mold. The department shall produce these materials in multiple languages other than English to accommodate the diverse multicultural population of Massachusetts.
(2) The department shall, by July 1, 2024, prepare a disclosure form for owners to provide the following notice to tenants and prospective tenants:
(i) Prior violations of the State Sanitary Code involving indoor mold or moisture, within the past three years; and
(ii) Current instances of indoor mold on the premises, of which the owner knows, or has reasonable cause to believe exist.
(3) Effective August 1, 2025, prior to entering into a tenancy agreement, the owner of a premises, or such other person to whom rent is to be regularly paid, shall provide any prospective tenant who is about to enter such an agreement to rent the premises with, and the prospective tenant shall sign prior to entering into a tenancy agreement:
(i) A copy of the materials specified in subsection (1);
(ii) A written disclosure on the form specified in subsection (2) regarding any existing indoor mold on the premises, when the owner knows, or has reasonable cause to believe, that such indoor mold is present.
(4) Effective August 1, 2025, prior to any renewal of an existing tenancy agreement, the owner of premises, or such other person to whom rent is to be regularly paid, shall provide the tenant with the materials specified in subsection (3).
(b) All persons selling a premises shall, prior to the signing of a purchase and sale agreement, provide the prospective purchaser with the materials specified in subsection (3). The prospective purchaser shall sign these materials prior to the signing of a purchase and sale agreement. The department may adapt these materials as appropriate for the context of real estate purchases.
Section 2. Inspection Requirements.
(a) Notwithstanding sections 3(b) and 4, an owner shall inspect or hire a third party to inspect for indoor mold in all occupied premises and in common areas at least once a year between the months of June and August and more often, if necessary, such as when, in the exercise of reasonable care, an owner knows or should have known of a condition that is reasonably foreseeable to cause indoor mold, or an occupant makes a complaint concerning a condition that is likely to cause indoor mold or requests an inspection, or the department issues a notice of violation or orders the correction of a violation that is likely to cause indoor mold.
(b) An owner who receives written or electronic notice from a tenant that indoor mold or suspected indoor mold exists in the premises or in a common area of the property shall inspect the property within five (5) calendar days.
(c) An owner who conducts or provides for an inspection under subsections (a) and (b) within five (5) calendar days of such inspection shall:
(1) Provide written, in the form of paper or electronic, notice to the tenant that states:
(i) That the owner inspected the apartment for indoor mold; and
(ii) Whether the owner found indoor mold and, if so, whether the indoor mold constitutes an indoor mold hazard.
(2) Report to the local board of health:
(i) The information specified under subsection (c)(1), provided the inspection is an annual inspection required under subsection (a), or any other inspection where the inspection reveals an indoor mold hazard.
(ii) The receipt of any written or electronic complaint from the tenant regarding indoor mold or suspected indoor mold.
(d) Local boards of health will keep a record of, and make public, the information received under subsection (c)(2) through a publicly accessible online database.
Section 3. Remediation Requirements.
(a) The presence of indoor mold in a leased premises constitutes a violation of the State Sanitary Code. Owners of leased premises shall take reasonable measures to keep such premises free from indoor mold and from any condition conducive to indoor mold and shall take reasonable measures to prevent the reasonably foreseeable occurrence of such conditions and shall expeditiously take reasonable measures to remediate such conditions and any underlying defect, when such underlying defect exists, consistent with this section and the rules promulgated thereunder.
(b) If an inspection or examination as provided for in section 3 or the State Sanitary Code reveals the presence of indoor mold, the owner shall:
(1) Cause the indoor mold to be remediated in accordance with subsections (c) or (d), as applicable;
(2) Begin necessary remediation or contract in writing with a third party within five (5) days of the inspection provided for in section 3 or receiving notice of a violation pursuant to the State Sanitary Code, unless a shorter timeframe is ordered by the local board of health; and
(3) Make a good faith effort to substantially correct all violations within thirty (30) days of the inspection provided for in section 3 or receiving notice of a violation pursuant to the State Sanitary Code, unless a shorter timeframe is ordered by a local board of health.
(c) If remediation of indoor mold is required under subsection (b) and the indoor mold is not an indoor mold hazard, the owner shall:
(1) Remediate the indoor mold in accordance with the guidelines established under subsection (e)(2); and
(2) Within five (5) days of the completed remediation of the indoor mold:
(i) Provide written or electronic notice to the tenant stating that the indoor mold is remediated; and
(ii) Report to the local board of health that the indoor mold is remediated. Local boards of health will keep a record of, and make public, this report.
(d) If remediation of indoor mold is required under subsection (b) and the indoor mold is an indoor mold hazard, the owner shall:
(1) Cause an indoor mold remediation professional to remediate the indoor mold hazard. The indoor mold remediation professional shall remediate the indoor mold hazard in accordance with the performance standards and work practices established under subsection (e)(1); and
(2) Within five (5) days of the completed remediation of the indoor mold:
(i) Provide written or electronic notice to the tenant stating that the indoor mold is remediated; and
(ii) Inform the local board of health of the violation and request an inspection following the remediation, provided that the local board of health is not aware of the violation and does not plan to conduct a follow-up inspection pursuant to the State Sanitary Code. Local boards of health will keep a record of, and make public, this report, through a publicly accessible online database.
(e) Consistent with applicable U.S. Environmental Protection Agency or U.S. Department of Labor, Occupational Safety and Health Administration guidelines and regulations relating to the assessment and remediation of mold, within one year of the effective date the department shall:
(1) Establish minimum performance standards and work practices for conducting professional indoor mold remediation in Massachusetts, including the use of a moisture meter before and following remediation to ensure that moisture levels for building materials are at appropriate levels as determined by the department.
(2) Establish guidelines for the safe and effective remediation of indoor mold that is not an indoor mold hazard. At a minimum, these guidelines shall require an owner to:
(i) Investigate and correct any underlying defect, including moisture or leak conditions, that are causing or may cause mold violations;
(ii) Remove or securely cover with plastic sheeting any furniture or other items in the work area that cannot be removed;
(iii) Minimize the dispersion of dust and debris from the work area to other parts of the dwelling unit through methods such as: sealing ventilation ducts/grills and other openings in the work area with plastic sheeting; isolating the work area with plastic sheeting and covering egress pathways; cleaning or gently misting surfaces with a dilute soap or detergent solution prior to removal; the use of HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at the point of dust generation;
(iv) Clean mold with soap or detergent and water;
(v) Remove and discard materials that cannot be cleaned properly;
(vi) Properly remove and discard plastic sheeting, cleaning implements, and contaminated materials in sealed, heavy weight plastic bags;
(vii) Clean any remaining visible dust from the work area using wet cleaning methods or HEPA vacuuming; and
(viii) Leave the work area dry and visibly free from mold, dust, and debris.
(f) Failure of the department to issue minimum performance standards, work practices, and guidelines shall not excuse an owner from the remediation requirements under this section.
(g) If mold remediation required under subsection (b) results in the premises being uninhabitable, the owner shall pay for the cost of a hotel or other reasonable alternative housing arrangement during the mold remediation for each 24-hour period for which the premises is uninhabitable.
Section 4. Fines.
(a) An owner who violates any provision of this section, or the rules promulgated thereunder, shall be punishable by fine as follows:
(1) By a fine of not less than $250 nor more than $500 for each violation of section 2, section 3, and section 4(b), 4(c), and 4(d).
(2) If remediation is not completed within the required timeframe under section 4(b), each subsequent day until remediation is completed constitutes a separate violation under subsection (a)(1).
Section 5. Indoor Mold Assessment and Remediation Fund.
(a) There is established the Indoor Mold Assessment Fund, which shall be administered by the department in accordance with subsection (c) of this section.
(b) The Fund shall consist of the revenue from: fees collected in accordance with subsection (d) of section 4; fines collected in accordance with section 6; and any other money accepted for the benefit of the Fund.
(c) The Fund shall be used to meet the department’s education and research support obligations under section 6; and to provide financial assistance grants to low-income residents for the purpose of having a professional mold assessment conducted in their premises in the event that the owner fails to comply with the requirements in sections 2 through 4 or for small property owners of buildings up to nine units for the purpose of covering mold assessments and inspections.
Section 6. Education and Research Support.
(a) The department shall create educational materials and guidance to support owners in meeting their obligations under sections 2 through 4.
(b) The department shall promulgate a comprehensive written procedure to guide local boards of health and code enforcement agencies in implementing and enforcing sections 2 through 7.
(c) The department shall institute an educational and publicity program, to inform the general public, and particularly owners, tenants, local boards of health and code enforcement agencies, and health services personnel, of: the dangers of mold; the causes of mold and how to identify these causes; occupant behaviors that can contribute to indoor mold growth; and methods for preventing and remediating mold growth.
(d) The department shall prioritize the use of available funding sources to fund research focused on the health impacts of mold and strategies for mitigating mold.
(e) The department shall seek comments from time to time from residents of environmental justice populations as defined by section 62 of chapter 30 of the general laws regarding mold and air quality concerns.
Section 7. Violations/Remedies for Injured Tenants.
(a) In a private cause of action, claim, or defense by a tenant against an owner for a violation under this Section:
(1) A professional indoor mold assessment finding indoor mold contamination in a leased premises or a common area of the property shall create a rebuttable presumption of a violation of the owner's obligation to maintain the premises as required under this Section and the State Sanitary Code. To establish the presumption, the tenant must demonstrate that the owner received a professional indoor mold assessment in written or electronic form that determined that indoor mold contamination existed in the tenant's leased premises.
(2) When ruling in favor of a tenant with respect to a violation of this Section or the State Sanitary Code based on a professional indoor mold assessment, the court shall have discretion to reimburse indoor mold assessment costs and award attorney fees and court costs to the tenant. The court may award treble damages to a tenant when:
(i) The tenant discovered the indoor mold;
(ii) A professional indoor mold assessment determined that indoor mold contamination existed in the tenant's premises;
(iii) The owner received the indoor mold assessment in written or electronic form;
(iv) The owner did not remediate the indoor mold within the timeline required under section 4; and
(v) The court finds that the residential property owner acted in bad faith.
(b) The housing court department established pursuant to section 1 of chapter 211B shall establish a dedicated process to handle claims involving a violation of this Section or violation of the State Sanitary Code involving mold. This process shall include the opportunity for mediation prior to a hearing.
SECTION 12. (1) Notwithstanding any special or general law, rule or regulation to the contrary the board of building regulations and standards shall, commencing with the next edition of the International Energy Conservation Code adopted after January 1, 2022 under section 94 of chapter 143 of the General Laws, adopt, approve, codify, and publish mandatory building standards:
(a) for mandatory building standards for the installation of air filtration systems at a minimum of MERV 16; and
(b) do not permit the installation of gas stoves for use in residential construction.
(2) In proposing and adopting standards and regulations under this section, the Board of Building Regulations and Standards shall actively consult with interested parties, including, but not limited to, the Department of Public Health and the Department of Energy Resources.
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An Act relative to the board of registration in naturopathy
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S1383
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SD1181
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T10:26:49.507'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T10:26:49.5066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1383/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1383) of Patricia D. Jehlen for legislation relative to the board of registration in naturopathy. Public Health.
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SECTION 1. Clause (ii) of subsection (b) of section 267 of chapter 112 of the General Laws is hereby amended by striking out the words “controlled substance or prescription drug under chapter 94C” and by inserting in place thereof the words:- Schedule I-V controlled substance.
SECTION 2. Clause (iv) of subsection (a) of section 268 of said chapter 112 is hereby amended by inserting, after the word “equivalent”, the following words:- state exam that existed prior to 1987.
SECTION 3. Subsection (c) of section 269 of said chapter 112, as so inserted, is hereby amended by inserting, after the word “board”, the following words:- or a state exam that existed prior to 1987.
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An Act relative to the prescription monitoring program
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S1384
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SD1765
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-09T16:32:28.987'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-09T16:32:28.9866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1384/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1384) of John F. Keenan for legislation relative to the prescription monitoring program. Public Health.
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SECTION 1. Section 24A of Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (c) the following new subsection:-
(c½) The department shall establish, by rule or regulation, a process by which to include information about the administration of opioid maintenance treatment in the prescription monitoring program, when the inclusion of such information does not conflict with state or federal privacy rules. The purpose of this subsection shall be to ensure that licensed professionals authorized to prescribe controlled substances receive information, through utilization of the prescription monitoring program, about an individual patient’s participation in opioid maintenance treatment prior to issuing a new prescription for an opioid substance other than the substance used for opioid maintenance treatment.
SECTION 2. Section 18 of chapter 111E of the General Laws, is hereby amended by inserting after subsection (a) the following new subsection:-
(a½) For each facility that is an opioid treatment program, as defined under 42 CFR Part 8, the facility shall present to each individual entering treatment a form that allows the individual to consent to the release of information, through the prescription monitoring program, about the administration of opioid maintenance treatment at the facility. Said consent form shall be accompanied by information clearly explaining that such consent is not required but is encouraged to improve coordination of services; and by information on how the individual may complete and return the form to the facility or to the department of public health if they elect to give such consent. A record of the individual’s election relative to this form shall be maintained by the facility as part of the record of treatment required by this section. The same form and information shall be presented to the individual upon their discharge from the facility.
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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 relative to collaborative drug therapy management optimization
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S1385
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SD1780
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T12:55:02.813'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T12:55:02.8133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1385/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1385) of John F. Keenan for legislation relative to collaborative drug therapy management optimization. Public Health.
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Notwithstanding section 24 B1/2 of chapter 112 of the General Laws or any other general or special laws to the contrary, collaborative drug therapy management may be allowed in ambulatory care clinics licensed pursuant to section 51 of chapter 111 of the General Laws if: (i) there is on-site or off-site supervision by the attending physician and a collaborating pharmacist; and (ii) collaborative drug therapy management is approved by the ambulatory care clinic's medical staff executive committee or designee or medical director or designee.
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An Act relative to the determination of need of new technology
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S1386
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SD1887
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-13T17:35:30.75'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-13T17:35:30.75'}]
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1386) of John F. Keenan for legislation relative to the determination of need of new technology. Public Health.
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SECTION 1. Section 25B of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “New technology”, and inserting in place thereof the following definition:-
''New technology'', equipment such as magnetic resonance imagers and linear accelerators, as may be defined by the department, or a service, as may be defined by the department, which for reasons of quality, access or cost is determined to be new technology by the department; provided, however, that computerized tomography and any equipment that is widely utilized as standard diagnostic treatment or therapeutic technology shall not be considered new technology.
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An Act regulating surgical assistants
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S1387
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SD1928
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-10T17:38:20.667'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-10T17:38:20.6666667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-25T12:58:25.6133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T17:11:50.4266667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-24T16:18:19.3966667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-04-03T09:14:07'}]
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1387) of John F. Keenan, Joanne M. Comerford and James B. Eldridge for legislation to regulate surgical assistants. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 242 the following new sections:-
Section 243. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
''Board'', the board of registration in surgical assistants established in section 110 of chapter 13.
“Health care practitioner”, a person licensed or registered under sections 2, 16, 74 or 74A of chapter 112 who conducts or assists with the performance of surgery; provided, however, that ''health care practitioner'' shall also include an intern, resident, fellow or medical officer.
“Surgical facility'', an entity that provides surgical health care services, whether inpatient or outpatient and whether overnight or ambulatory, including, but not limited to, a hospital, clinic or private office of a health care practitioner, whether conducted for charity or for profit and whether or not subject to section 25C, and any organization, partnership, association, corporation, trust or the commonwealth or any subdivision thereof.
"Surgical assistant", an individual who has met the requirements of the board for licensure as a surgical assistant and who works under the direct supervision of a licensed doctor of medicine, osteopathy or podiatry.
"Surgical assisting", surgical patient care, including, but not limited to, any of the following: (i) manipulation of organs; (ii) suturing of tissue; (iii) placement of hemostatic agents; (iv) injection of local anesthetic; (v) harvesting of veins; (vi) implementation of devices; and, (vii) other duties as directed by a licensed doctor of medicine, osteopathy or podiatry under the direct supervision of a licensed doctor of medicine, osteopathy or podiatry.
(b) A surgical facility shall not employ or otherwise retain the services of a surgical assistant unless such person is licensed by the board of registration in surgical assistants.
(c) Nothing in this section shall prohibit a registered nurse, licensed or registered health care provider or other health care practitioner from performing surgical assistant tasks or functions if such person is acting within the scope of such person's license.
(d) Notwithstanding subsection (b), a surgical facility may employ as a surgical assistant an individual who does not meet the requirements of this section if said individual receives a waiver from the department certifying that the individual has met special circumstances as determined by the department. The department, in consultation with an advisory committee of clinicians, shall establish criteria for such waiver. Said waivers shall be valid for not longer than three months; provided however said waivers may be renewed upon determination by the department.
Section 244. The board shall have the following powers and duties:
(a) to promulgate regulations and adopt such rules as are necessary to regulate the field and practice of surgical assisting and surgical assistants;
(b) to receive, review, approve or disapprove applications for licensing and to issue licenses;
(c) to establish administrative procedures for processing applications for licenses and license renewals and to hire or appoint such agents as are appropriate for processing applications for licenses and license renewals;
(d) to retain records of its actions and proceedings in accordance with public records laws;
(e) to fine, censure, revoke, suspend or deny a license, place on probation, reprimand or otherwise discipline licensees for violations of the code of ethics or the rules of the board;
(f) to summarily suspend the license of a licensee who poses an imminent danger to the public; provided, that a hearing shall be afforded to the licensee within seven days of an action by the board to determine whether such summary action is warranted;
(g) to establish standards for continued licensure of surgical assistants, including continuing education requirements;
(h) to establish standards relating to the professional conduct, termination and reinstatement and renewal of licenses of surgical assistants; and
(i) to perform such other functions and duties as may be required to carry out the provisions of this section and sections 243 to 246, inclusive.
Section 245. An application for original license, a license renewal or the licensing examination shall be made on forms approved by the board and accompanied by the appropriate fee. The fee for original license and renewal shall be determined by the secretary of administration and finance. An application for original license shall be sworn and shall furnish satisfactory proof if the applicant is: (i) at least 18 years of age; (ii) of good moral character; and (iii) has met the educational and professional experience requirements. Requirements for licensing shall include:
(a) a current credential as a surgical assistant or surgical first assistant issued by the National Board of Surgical Technology and Surgical Assisting, the National Surgical Assistant Association or the National Commission for Certification of Surgical Assistants or their successors;
(b) successful completion of a surgical assistant training program during the person's service as a member of any branch of the armed forces of the United States; or
(c) at least one year of experience as a surgical assistant in the commonwealth and practice as a surgical assistant at any time in the twelve months immediately prior to July 1, 2023, provided the applicant registers with the Board by July 1, 2025.
Section 246. (a) For renewal of a license as a surgical assistant, a licensee shall attest to having successfully completed 38 hours of continuing education in courses directly related to the practice of surgical assisting as approved and documented by a provider recognized by one of the following: (i) the National Board of Surgical Technology and Surgical Assisting; (ii) the National Commission for the Certification of Surgical Assistants; or (iii) the National Surgical Assistant Association;
(b) the practitioner shall retain a completed form with all supporting documentation in his or her records for a period of four years following the renewal of an active license;
(c) the board shall periodically conduct a random audit of its active licensees to determine compliance and the practitioners selected for the audit shall provide all supporting documentation within 30 days of receiving notification of the audit;
(d) failure to comply with these requirements may subject the licensee to disciplinary action by the board;
(e) the board may grant an extension of the deadline for continuing competency requirements, for up to one year, for good cause shown upon a written request from the licensee prior to the renewal date; and,
(f) the board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.
SECTION 2. Chapter 13 of the General Laws is hereby amended by adding after section 109 the following new section:-
Section 110. There shall be a board of registration of surgical assistants, herein called the board, to consist of five members to be appointed by the governor. Three members of the board shall be, at the time of appointment, surgical assistants who have practiced in the commonwealth for not less than three years; one member shall be a doctor of medicine, osteopathy or podiatry whose practice shall include surgery; and one member shall be a resident of the commonwealth. No member shall be an employee of a trade association in the field of health care and no member who is a representative of the general public shall be engaged in the practice of any health care profession. Members shall be appointed for terms of four years. No member shall be appointed to more than two consecutive full terms but a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of at least one year. A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against him and an opportunity to be heard. The board shall, at its first meeting and annually thereafter, elect from among its members a chairman, vice chairman and secretary. Officers shall serve until successors are elected and qualified. The board shall meet at the call of the chairman or upon request of three members of the board. The board shall meet at least two times annually. A quorum shall consist of three members present. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
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An Act relative to recovery coach licensure
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S1388
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SD2107
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-19T13:11:13.807'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-19T13:11:13.8066667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-04T06:55:27.5466667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-07T11:03:27.18'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T10:27:25.3933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-12T09:31:02.37'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-16T10:40:42.7533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-27T11:11:36.4933333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T07:57:28.3433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T12:46:26.2133333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:59:27.0333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T07:32:03.3033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-08T08:05:23.6566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-06T07:56:20.4966667'}]
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1388) of John F. Keenan, Lydia Edwards, John C. Velis, Kay Khan and other members of the General Court for legislation relative to recovery coach licensure. 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 after the word “workers” in line 8, the following words:- , the board of registration of recovery coaches,
SECTION 2. Said chapter 13 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 of licensed recovery coaches that shall consist of 12 members to be appointed by the governor, 1 of whom shall be the commissioner of public health or a designee; 1 of whom shall be the commissioner of mental health or a designee; 6 of whom shall be employed as a recovery coach, recovery coach supervisor or educator representing demographic diversity from region, workplace, gender identification, culture or race; 1 of whom shall be a family member to an individual with a substance use disorder; 1 of whom shall represent a health plan; 1 of whom shall be a licensed physician or nurse specializing in addiction; and 1 of whom shall be a person with lived experience from a substance use disorder and received recovery coaching services. Members of the board shall be residents of the commonwealth.
(b) Each member of the board shall serve for a term of 3 years. Upon the expiration of a term of office, a member shall continue to serve until a successor has been appointed. 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.
(c) A member may be removed by the governor for neglect of duty, misconduct, malfeasance, or misfeasance in office.
(d) The board shall, at its first meeting and annually thereafter, organize by electing from its membership a chair, a vice-chair and a secretary. Those officers shall serve until their successors are elected.
(e) The board shall meet at least four times annually and may hold additional meetings at the call of the chair or at such times as may be determined by the board. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
SECTION 3. Section 1 of chapter 112 is hereby amended by inserting after the word “dentistry”, in line 12, the following words:- , the board of registration of recovery coaches,
SECTION 4. Section 164 of said chapter 112 is hereby amended by inserting after the word “therapist”, in line 23, the following words:- , recovery coach, authorized to practice under sections 290 to 292, inclusive,
SECTION 5. Said chapter 112 is further amended by adding after section 289 the following 3 sections:-
Section 290. (a) The following words as used in sections 290 to 292, inclusive, unless the context otherwise requires, shall have the following meanings:-
“Board”, the board of registration of recovery coaches, established under section 110 of chapter 13.
“Licensed Recovery Coach”, an individual who is authorized to practice with the title of licensed by the board of registration of recovery coaches under this chapter and who uses shared understanding, respect and mutual empowerment to help others become and stay engaged in the process of recovery from a substance use disorder.
“Lived experience”, the experience of addiction and recovery from a substance use disorder.
(b) The board shall have the following powers and duties:
(1) to promulgate regulations and adopt such rules as are necessary to regulate recovery coaches;
(2) to receive, review, approve or disapprove initial applications, renewals and reinstatement requests, and to issue those authorizations to practice;
(3) to establish administrative procedures for processing applications submitted under clause (2) and to hire or appoint such agents as are appropriate for processing applications;
(4) to retain records of its actions and proceedings in accordance with public records laws;
(5) to establish specifications for the authorized practice of recovery coaching; provided, that the specifications shall require individuals to have lived experience and demonstrate at least 2 years of sustained recovery; provided further, that the lived experience requirement may be waived for individuals who were credentialed by the Massachusetts Board of Substance Abuse Counselor Certification before the establishment of the board.
(6) to define by regulation the appropriate standards for education, core competencies, and experience necessary to qualify as an authorized recovery coach, including, but not limited to, continuing professional education requirements; provided, that the board shall consider any standards contained within recovery coach training programs established by the department of public health;
(7) to establish an ethical code of conduct for recovery coaches authorized to practice by the board; provided, that the board shall consider any codes of conduct for recovery coach training programs established by the department of public health;
(8) to establish standards of supervision for students or persons in training to become a recovery coach; provided, that the board shall consider standards contained within recovery coach training programs established by the department of public health;
(9) to fine, censure, revoke, suspend or deny recovery coaches' authorization to practice, place on probation, reprimand or otherwise discipline a recovery coach for violations of the code of ethics or the rules of the board;
(10) to summarily suspend a recovery coach who poses an imminent danger to the public; provided, that the recovery coach shall be afforded a hearing within 7 business days to determine whether the summary action is warranted; and
(11) to perform other functions and duties as may be required to carry out this section.
Section 291. (a) An application to be a licensed recovery coach, under section 290, shall be made on forms approved by the board, signed under the penalties of perjury by the person certifying the information contained therein and accompanied by the required fee. The fee shall be determined by the secretary of administration and finance under section 3B of chapter 7. A recovery coach applicant shall furnish satisfactory proof that the applicant is at least 18 years of age, is of good moral character of recent history and has met all the education, training and experience requirements and qualifications as established by the board. A “Certified Addictions Recovery Coach (CARC)” certification shall serve as satisfactory proof for application requirements inclusive of test exemption for a limited time period as determined by the board.
(b) The board, in consultation with the department of public health, shall determine the renewal cycle and renewal period for recovery coaches. A recovery coach authorized to practice under this chapter shall apply to the board for a renewal not later than the expiration date, as determined by the board, unless earlier revoked, suspended or canceled as a result of a disciplinary proceeding. As a condition for renewal under this section, the board may require satisfactory proof that the recovery coach has successfully completed the required number of hours of continuing education in courses or programs approved by the board or has complied with such other requirements or equivalent requirements as approved by the board. Upon satisfactory compliance with the requirements and successful completion of the continuing education requirements, the board shall issue a renewal. The board may provide for the late renewal that has lapsed and may require payment of a late fee. Each renewal application submitted to the board shall be accompanied by a fee as determined by the secretary of administration and finance under section 3B of chapter 7. The board may authorize a recovery coach to practice by reciprocity. The board shall promulgate rules and regulations as may be necessary to implement this section.
Section 292. (a) The title “Licensed Recovery Coach” shall only be used by individuals who have met the requirements and qualifications and hold a valid, current authorization issued by the board. The use by any person not so authorized of any words, letters, abbreviations or insignia indicating or implying a person is an authorized recovery coach shall be a violation of this section for which the board may issue a cease and desist order and seek additional appropriate legal remedies. A person in the process of accruing work hours required for credentialing may still perform recovery coach duties, so long as they do not advertise themselves as “Licensed”.
(b) A person who violates subsection (a) shall be liable for a fine as determined by the board.
(c) No person filing a complaint alleging a violation of law or of the regulations of the board, reporting information pursuant to such laws or regulations 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 the board's receipt of such information or assistance, if the person making the complaint, or reporting or providing such information or assistance, does so in good faith and without malice.
SECTION 6. No person shall be found to have violated section 292 of chapter 112 of the General Laws until 6 months after the board of registration of recovery coaches first issues an authorization to practice under said chapter 112.
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An Act prohibiting the use of lead paint on outdoor structures
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S1389
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SD1265
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:22:51.433'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:22:51.4333333'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1389) of Edward J. Kennedy for legislation to prohibit the use of lead paint on outdoor structures. Public Health.
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Section 196 of chapter 111 of the General Laws is hereby amended by inserting after the word “dwelling”, in line 4, the following words:- “or outdoor structure”.
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An Act establishing the MassMade Program
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S139
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SD1178
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:03:11.62'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:03:11.62'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 139) of John C. Velis for legislation to establish the MassMade Program. Community Development and Small Businesses.
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SECTION 1. Chapter 23A of the General Laws is hereby amended by inserting after section 10A the following section:-
Section 10A ½. (a) The Massachusetts office of business development shall establish a MassMade Program which shall identify, connect and support businesses that produce consumer goods in the commonwealth, identify obstacles to conducting business in the commonwealth, and act as a resource for consumers seeking consumer goods made in the commonwealth. The Massachusetts office of business development may consult with and seek input from interested stakeholders and shall work with entities including MassMade businesses, regional economic development organizations, small business associations, chambers of commerce, the supplier diversity office, the Massachusetts marketing partnership and the office of consumer affairs and business regulations in order to collect and provide business and product information related to MassMade businesses. All MassMade Program information shall be readily accessible and free to the public.
(b) For purposes of this section, the term “MassMade business” shall mean any entity that (1) produces a consumer good including, but not limited to, food and beverage products in the commonwealth; (2) is headquartered in the commonwealth or has a principal place of business in the commonwealth; (3) possesses a certificate of good standing from the department of revenue; and (4) seeks to join the MassMade Program.
(c) The Massachusetts office of business development may expend such funds as may be appropriate for the MassMade Program and as may be appropriated therefor. The Massachusetts office of business development may accept federal funds or private gifts and grants to assist in carrying out this section.
(d) The Massachusetts office of business development shall promulgate regulations necessary for the administration of this section.
SECTION 2. Notwithstanding any general or special law to the contrary, the Massachusetts office of business development shall conduct a feasibility study on developing and maintaining an internet-based system to facilitate the exchange of information for the MassMade Program that shall include, but shall not be limited to, procurement requests by and from entities involving products made in the commonwealth.
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An Act decreasing food waste by standardizing the date labeling of food
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S1390
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SD1336
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:29:36.913'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:29:36.9133333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T12:50:57.8566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-11T14:27:14.82'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-07-10T12:59:02.4933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-26T10:16:22.1066667'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1390) of Edward J. Kennedy and Michael J. Barrett for legislation to decrease food waste by standardizing the date labeling of food. Public Health.
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SECTION 1. Chapter 94 of the General Laws, as appearing in the 2020 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 2020 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 relative to vaccines and preventing future disease outbreaks
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S1391
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SD2026
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T11:48:31.387'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T11:48:31.3866667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T10:52:07.65'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1391) of Edward J. Kennedy and Patricia D. Jehlen for legislation relative to vaccines and preventing future disease outbreaks. Public Health.
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Section 15 of chapter 76 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following 2 paragraphs:-
All schools, whether public, private, or charter, that provide education to children in any combination of grade levels from kindergarten to grade 12, inclusive, shall annually report to the department total numbers of children who are successfully immunized in accordance with section 15 of chapter 76 and who are exempted from immunization requirements. The department shall designate the methodology for reporting.
The department shall annually publish and make publicly available aggregate immunizations and exemptions data for each school and school district, provided, that publishing and making publicly available such data shall not be required if it would result in disclosure of personal information as defined in section 1 of chapter 93H or otherwise violate applicable privacy laws. The department may also publish data by municipality, county, or other geographic designation, or otherwise in its discretion.
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An Act establishing an oral health special commission and needs assessment
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S1392
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SD1289
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T13:51:26.777'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T13:51:26.7766667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T15:14:06.0133333'}]
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 1392) of Robyn K. Kennedy and Sal N. DiDomenico for legislation to establish an oral health special commission and needs assessment. Public Health.
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(a) Notwithstanding any general or special law to the contrary, the office of oral health within the department of public health shall establish a special commission on oral health for the purpose of making an investigation and study of the current burden of oral disease in the Commonwealth, identifying the gaps in care and developing a strategic plan to address specific barriers, integrate oral health with general health, and improve access and quality of oral health care provided for the residents of the commonwealth. Said commission shall consist of:, the commissioner of public health or a designee, who shall serve as chair; the current members of the department of public health office of oral health advisory committee; the assistant secretary for MassHealth or a designee; two members of the house of representatives to be named by the speaker of the house, two members of the senate to be named by the senate president; and twelve members to be named by the Governor; one of whom shall be a representative of the health policy commission; one of whom shall be a representative of the center for health information and analysis; one of whom shall be a representative of the Massachusetts Dental Society; one of whom shall be a representative of the Massachusetts Dental Hygiene Association; one of whom shall be a representative of Health Care For All; three of whom shall be representative of geographically, racially, socioeconomically and ethnically diverse communities in the state; one of whom shall be a representative of an organization representing older adult; two of whom shall be representatives of community health centers that provide dental health services; one of whom shall be a representative of the Boston Public Health Commission; one of whom shall be a representative of the DentaQuest Partnership for Oral Health Advancement; one of whom shall be dean of a Massachusetts school of dental medicine or a designee; one of whom shall be a dean of a Massachusetts school of dental hygiene or a designee; one of whom shall be representative of the Massachusetts Public Health Association; one of whom shall be representative of the Massachusetts Academy of Pediatric Dentistry; one of whom shall be representative of hospital that provides dental services to children; and one of whom shall be representative of a health organization participating in an accountable care payment model. The commission membership may be comprised of members of the department of public health oral health advisory council. The commission may select additional or replacement members as appropriate and may consult with relevant experts to support the commission’s objectives and the production of its report.
(b) Said commission shall investigate the current oral health status and needs of all residents of the Commonwealth, including adult and pediatric populations; assess gaps in access to oral health care and services; develop a plan and timeline to conduct a statewide oral health needs assessment to be led by the oral health advisory council; create guidelines to establish a statewide oral health data and surveillance system using contemporary information technologies and national comparisons of key indicators’ and provide workforce, infrastructure, and policy recommendations that address oral health disparities, increase public awareness of oral health services, and work towards building health equity in the Commonwealth. Said commission shall utilize data to examine oral health status and dental care access for underserved and diverse populations including but not limited to racially, ethnically, culturally and linguistically diverse communities across all geographic regions in the commonwealth; assess provider capacity or shortages inclusive of provider enrollment by payer type; propose solutions to improve access to culturally competent care and services, dental care provider enrollment in MassHealth; public oral health prevention and promotion programs, considering the impact of social determinants of health on oral health; telehealth; and such other matters as the commission shall determine to be of relevance and priority.
(c) Said commission shall file its findings and recommendations with the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health, the clerks of the house of representatives and senate on or before December 31, 2023. The statewide oral health needs assessment shall be completed no later than December 31, 2025.
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An Act relative to color coded patient wristbands
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S1393
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SD937
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:38:04.86'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:38:04.86'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1393) of Jason M. Lewis for legislation relative to color coded patient wristbands. Public Health.
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SECTION 1. The department of public health shall analyze and file a report on the standards for uniformity in the use of color-coded patient wristbands by health care providers in the Commonwealth. The report shall examine: (i) the current state of patient identification in the Commonwealth; (ii) the use of color-coded wristbands in other jurisdictions; and (iii) any adverse impacts to patient care. The department shall make recommendations based on its findings and file a report with the joint committee on public health, the joint committee on health care financing, the clerks of the house of representatives and senate and the house and senate committees on ways and means no later than January 1, 2024.
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An Act relative to diabetes prevention
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S1394
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SD943
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T14:47:10.093'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T14:47:10.0933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T16:13:06.6866667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T16:37:18.1666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:32:52.7233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:51:41.93'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1394) of Jason M. Lewis for legislation 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 require the disclosure of lead in water pipes
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S1395
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SD948
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T14:49:53.36'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T14:49:53.36'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T12:13:09.74'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-07T10:23:43.95'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-06-07T11:35:04.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1395/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1395) of Jason M. Lewis, Rebecca L. Rausch and Angelo J. Puppolo, Jr. for legislation to require the disclosure of lead in water pipes to prospective purchasers of premises. Public Health.
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SECTION 1. Section 197A of chapter 111 of General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the word “plaster”, in lines 2 and 84, 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 lines 35, the following words “plumbing and water piping, including water service lines,”.
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An Act to protect youth from the health risks of sugary drinks
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S1396
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SD960
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:01:26.897'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:01:26.8966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T08:54:25.9066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T13:34:32.75'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:51:59.0033333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1396) of Jason M. Lewis and James B. Eldridge for legislation to prohibit the marketing of sugary drinks in schools. 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 protect youth from the harms of tobacco and e-cigarette products
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S1397
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SD962
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:04:11.963'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:04:11.9633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T10:05:27.7166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1397/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1397) of Jason M. Lewis and Vanna Howard for legislation to regulate access to certain tobacco products by persons under twenty-one years of age. Public Health.
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SECTION 1. Section 6 of Chapter 270 of the General Laws is hereby amended by adding the following definition to Subsection (a): -
“Adult-Only Retail Tobacco Store”, an establishment that is not required to possess a retail food permit whose primary purpose is to sell or offer for sale but not for resale, tobacco products and tobacco paraphernalia, in which the sale of other products or offer of services is merely incidental, and in which the entry of persons under the minimum legal sales age is prohibited at all times, and which maintains all municipal and state permits required for the retail sale of tobacco products.
SECTION 2. Section 6 of Chapter 270 of the General Laws is hereby amended by adding the following subsection at the end thereof: -
(f) No manufacturer or retailer shall sell, distribute, or cause to be distributed a tobacco product to a consumer, except in an adult-only retail tobacco store or in a smoking bar, as defined in Section 22 of Chapter 270 of the General Laws.
SECTION 3. Nothing in this law shall preempt the stricter regulation of the sale or distribution of tobacco products or smoking bars by the Commonwealth and any of its political subdivision.
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An Act supporting individuals with intellectual and developmental disabilities including autism
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S1398
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SD966
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:06:05.187'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:06:05.1866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:05:09.6966667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-03T09:25:34.9866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T10:24:10.86'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T12:36:51.5133333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T11:06:46.5933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:58:31.9533333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T16:36:22.83'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-23T10:42:10.3933333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-10T14:43:53.9066667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-05-03T11:05:50'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-05-03T11:05:50'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-10T16:02:15.12'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:34:57.66'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1398/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1398) of Jason M. Lewis, Michael O. Moore, Michael D. Brady, Jack Patrick Lewis and other members of the General Court for legislation to support individuals 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 2020 Official Edition, is hereby amended by adding the following section:-
Section 22.
(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 of public health.
“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; and
(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; and
(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 relative to expanding access to healthy food choices in vending machines on state property
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S1399
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SD967
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:06:37.72'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:06:37.72'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T08:54:32.3866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T13:34:21.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1399/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1399) of Jason M. Lewis and James B. Eldridge for legislation to expand access to healthy food choices in vending machines on state property. Public Health.
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SECTION 1. Section 133A of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 18 to 19, the words “no later than December thirty-first, nineteen hundred and eighty-three” and inserting in place thereof the following words:- annually, on or before December 31.
SECTION 2. Chapter 111 of the General Laws, as so appearing, is hereby amended by adding the following section: - Section 235. (a) As used in this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-
“Commissioner”, the commissioner of public health
“Department”, the department of public health
“Government property”, all property owned or managed by the commonwealth including government office buildings, road-side rest stops, state parks and recreation centers, state colleges and universities and state-supported hospitals.
“Non RSA-vendor”, any person who by contract, agreement or ownership is responsible for furnishing, installing, servicing, operating or maintaining a vending machine or vending facility who is not licensed by the commission for the blind to operate such machine or facility.
"Nutritional standards”, the standards promulgated by the department in accordance with subsection (b).
“Vending machine”, any self-service device offered for public use which, upon insertion of a coin, coins, token, paper currency, or by any other means, dispenses servings of food or beverage, either in bulk or in package.
“Vendor”, a blind person licensed by the commission for the blind to operate a vending facility under the terms of the Randolph-Shepard Act, 20 U.S.C. chapter 6A, section 107; 29 U.S.C. sections 701 et. seq.; and sections 129, 130, 131J and 133 through 133E, inclusive, of chapter 6 of the General Laws.
(b) All foods or beverages sold through vending machines located in government buildings or on property owned or managed by the commonwealth shall be limited to food and beverage items that comply with the nutritional standards established by the commissioner of public health. The commissioner shall promulgate regulations establishing evidence-based nutrition and food procurement standards that meet or exceed those set forth in "Food Service Guidelines for Federal Facilities.” issued by the federal general services administration, . These standards shall apply to any new contracts with the state (c) A non-RSA vendor may meet the requirements in subsection (b) by: (i) offering 20 per cent of the food or beverages in a vending machine that meet nutritional standards by one year after implementation; (ii) offering 40 per cent of the food or beverages required to meet nutritional standards by two years after implementation; (iii) offering 60 per cent of the food or beverages required to meet nutritional standards by three years after implementation; (iv) offering 75% per cent of the food or beverages or higher required to meet nutritional standards by four years after implementation and thereafter.
(4) A vendor licensed by the state licensing agency pursuant to sections 133A to 133F, inclusive, of chapter 6 may meet the requirements in subsection (b) by: (i) offering 10 per cent of the food or beverages in a vending machine that meet nutritional standards by one year after implementation; (ii) offering 30 per cent of the food or beverages required to meet nutritional standards by two years after implementation; (iii) offering 50 per cent of the food or beverages required to meet nutritional standards by three years after implementation; (iv) offering 60 per cent of the food or beverages required to meet nutritional standards by four years after implementation; and (v) 75% per cent of the food or beverages or higher required to meet nutritional standards by five years after implementation and thereafter. (d) Five years after enactment of this act and every 5 years thereafter, the department shall review, and if necessary, revise and update the nutritional standards set forth subsections (b) and (c) to reflect advancements in nutrition science, dietary data, and new product availability.
The commissioner shall periodically review such nutritional and procurement standards and amend the regulations to reflect advancements in nutrition science, dietary data, and new product availability. The commissioner shall also establish by regulation rules regarding requirements for display of nutritional information on or near vending machines located in government buildings or on property owned or managed by the commonwealth about products sold in such vending machines. The Commissioner shall also establish regulation regarding that food and beverage items that meet the nutrition standards should be placed so as to be prominently and easily visible, and in the prime selling positions; The commissioner shall also establish by regulation a schedule for compliance by vendors and non-RSA vendors with the nutritional standards established by the commissioner. (c) To assist in the implementation of the nutritional standards set forth in this section, the commissioner shall designate an appropriate position within the department to disseminate information and train staff on the nutritional standards to ensure compliance. The designated position shall monitor compliance and report to the commissioner every year on the status of implementation. The annual report shall include: an assessment of compliance with the nutritional standards; a description of any issues encountered in implementation of the nutritional standards; and recommendations for improvement of the nutritional standards and compliance. (d) The commissioner shall take the following actions: (1) notify current vendors and non-RSA vendors of the nutritional standards and the required schedule for compliance. (2) require future procurement or vending contracts to include a provision stipulating that all food and beverage items will meet the nutritional standards; and
(3) determine whether products sold through vending machines located in government buildings or on property owned or managed by the commonwealth meet the nutritional standards established by the commissioner.
(4) Any vendor or non-RSA vendor who is found to be in noncompliance shall be subject to termination of contract within any state facility or on state property; provided, however, that any such vendor or non-RSA vendor shall have 60 days to cure any such non-compliance before termination.
(i) Nothing in this section shall be construed to require a state agency, institute, property, administrator, or manager to place vending machines on government property.
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Proposal for a legislative amendment to the Constitution requiring a supermajority vote for the utilization of rainy day funds
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S14
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SD410
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:29:54.273'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:29:54.2733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S14/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Mr. Tarr, a petition (accompanied by proposal, Senate, No. 14) of Bruce E. Tarr for a legislative amendment to the Constitution to require a supermajority vote for the utilization of rainy day funds. Revenue.
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The constitution is hereby amended by inserting at the end thereof the following new article:- In the furtherance of the foregoing powers, the general court shall have the power to appropriate funds held, in the stabilization fund, so-called, as provided for by section 2H of chapter 29, and shall expend those funds in said manner provided that said funds shall be expend in laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the General Court.
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[{'Action': 'Adverse', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J26', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J26'}, 'Votes': []}]
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An Act relative to protecting biometric information under the security breach law
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S140
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SD1466
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:36:44.583'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:36:44.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S140/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 140) of Michael J. Barrett for legislation to protect biometric information under the security breach law. Consumer Protection and Professional Licensure.
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SECTION 1. Section 1 of chapter 93H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-
“Biometric indicator”, any unique biological attribute or measurement that can be used to authenticate the identity of an individual, including, but not limited to, fingerprints, genetic information, iris or retina patterns, voice recognition, facial characteristics or hand geometry.
SECTION 2. Said section 1 of said chapter 93H is hereby further amended by striking out, in line 45, the word “or”.
SECTION 3. Said section 1 of said chapter 93H is hereby further amended by inserting after the word “public,” in line 52, the following words:- ; or (d) a biometric indicator.
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An Act to promote public health through the prevention and wellness trust fund
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S1400
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SD969
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:08:11.087'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:08:11.0866667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-01T10:05:19.5633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-10T11:06:22.17'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-10T11:06:22.17'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:58:53.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1400/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1400) of Jason M. Lewis, Michael J. Barrett, Sal N. DiDomenico, Vanna Howard and others for legislation to promote public health through the prevention and wellness trust fund. Public Health.
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SECTION 1. Section 2G of Chapter 111 of the MGL is hereby amended by striking in its entirety and replacing it with the following new section:-
Section 2G. (a) There shall be established and set upon the books of the Commonwealth a separate fund to be known as the Prevention and Wellness Trust Fund to be expended, without further appropriation, by the department of public health. The fund shall consist of revenues collected by the commonwealth including: (1) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (2) any fines and penalties allocated to the fund under the General Laws; (3) any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; (4) any interest earned on such revenues; and (5) any funds provided from other sources. The commissioner of public health, as trustee, shall administer the fund. The commissioner, in consultation with the Prevention and Wellness Advisory Board established under section 2H, shall make expenditures from the fund consistent with subsections (d) and (e); provided, that not more than 10 per cent of the amounts held in the fund shall be used by the department for the cost of program administration and not more than 10 per cent of amounts held in the fund shall be used for technical assistance to grantees, program evaluation and data analytics.
(b) The department may incur expenses and the comptroller may certify payment of amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Revenues 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 following fiscal year.
(c) All expenditures from the Prevention and Wellness Trust Fund shall support 1 or more of the following purposes: (1) increase access to community-based preventive services and strategies which complement and expand the ability of MassHealth to promote coordinated care, integrate community-based services with clinical care, and develop innovative ways of addressing social determinants of health; (2) reduce the largest drivers of poor health, health disparities, reduced quality of life, and high health care costs though community-based strategies; (3) increase access to health promoting conditions and opportunities to improve quality of life and reduce health care costs for populations experiencing health outcome inequities through community-based strategies including policy, systems, and environmental changes or (4) develop a stronger evidence-base of effective primary prevention strategies.
(d) The commissioner shall award not less than 80 per cent of the Prevention and Wellness Trust Fund through a competitive grant process to municipalities, community-based organizations, health care providers, regional-planning agencies, and health plans that apply for the implementation, evaluation and dissemination of evidence-based community preventive health strategies. To be eligible to receive a grant under this subsection, a recipient shall be a partnership that includes at minimum: (1) a municipality or regional planning agency; (2) a community-based health or social service provider; (3) a public health or community action agency with expertise in implementing community-wide health strategies (4) a health care provider or a health plan; (5) where feasible, a Medicaid-certified accountable care organization or a Medicaid-certified Community Partner organization. Expenditures from the fund for such purposes shall supplement and not replace existing local, state, private or federal public health-related funding. All entities awarded funds through this program must demonstrate the ability to utilize best practices in accounting, contract with a fiscal agent who will perform accounting functions on their behalf, or be provided with technical assistance by the Department to ensure best practices are followed.
(e) A grant proposal submitted under subsection (d) shall include, but not be limited to: (1) a plan that defines specific goals for the reduction in preventable health conditions and health care costs over a multi-year period; (2) the evidence-based or evidence-informed programs the applicant shall use to meet the goals; (3) a budget necessary to implement the plan, including a detailed description of the funding or in-kind contributions the applicant or applicants will be providing in support of the proposal; (4) any other private funding or private sector participation the applicant anticipates in support of the proposal; (5) a description of how the proposed strategies have been informed by community residents most at risk for health inequities, including women, racial and ethnic minorities and low income individuals; and (6) the anticipated number of individuals that would be affected by implementation of the plan. Priority may be given to proposals in a geographic region of the state with a higher than average prevalence of preventable health conditions, as determined by the commissioner of public health, in consultation with the Prevention and Wellness Advisory Board. If no proposals were offered in areas of the state with particular need, the department shall ask for a specific request for proposal for that specific region. If the commissioner determines that no suitable proposals have been received, such that the specific needs remain unmet, the department may work directly with municipalities or community-based organizations to develop grant proposals. The department of public health shall, in consultation with the Prevention and Wellness Advisory Board, develop guidelines for an annual review of the progress being made by each grantee. Each grantee shall participate in any evaluation or accountability process implemented or authorized by the department.
(f) The department of public health shall, annually on or before January 31, report on expenditures from the Prevention and Wellness Trust Fund. The report shall include, but not be limited to: (1) the revenue credited to the fund; (2) the amount of fund expenditures attributable to the administrative costs of the department of public health; (3) an itemized list of the funds expended through the competitive grant process and a description of the grantee activities; and (4) status report of the evaluation of the effectiveness of the activities funded through grants. The report shall be provided to the chairpersons of the house and senate committees on ways and means, the joint committee on public health, and the joint committee on health care financing and shall be posted on the department of public health’s website, and shall be posted on the department’s website.
(g) The department of public health shall, under the advice and guidance of the Prevention and Wellness Advisory Board, report periodically on its strategy for administration and allocation of the fund, including relevant evaluation criteria. The report shall set forth the rationale for such strategy, which may include: (1) a list of the most prevalent preventable health conditions in the commonwealth, including health disparities experienced by populations based on race, ethnicity, gender, disability status, sexual orientation or socio-economic status; (2) a list of the most costly preventable health conditions in the commonwealth; (3) a list of community-level risk factors and precursors to the health conditions identified in (1) and (2); and (4) a list of evidence-based or promising community-based strategies related to the conditions identified in clauses (1) and (2). The report shall recommend specific areas of focus for allocation of funds. If appropriate, the report shall reference goals and best practices established by the National Prevention and Public Health Promotion Council, the Centers for Disease Control and Prevention, and other relevant experts, including but not limited to MassUP, the Hi-5 Initiative, the national prevention strategy, the healthy people report, the guide to community preventive services, and the Robert Wood Johnson culture of health initiative.
(h) The department of public health shall promulgate regulations necessary to carry out this section.
SECTION 2. Section 2H of Chapter 111 of the General Laws is hereby amended by striking in its entirety and replacing it with the following new section:-
Section 2H. (a) There shall be a Prevention and Wellness Advisory Board to make recommendations to the commissioner concerning the administration and allocation of the Prevention and Wellness Trust Fund established in section 2G, establish evaluation criteria and perform any other functions specifically granted to it by law.
(b) The board shall consist of the commissioner of public health or a designee, who shall serve as chairperson; the house and senate chairs of the joint committee on public health or their designees; the house and senate chairs of the joint committee on health care financing or their designees; the secretary of health and human services or a designee; the executive director of the center for health information and analysis or a designee; the executive director of the health policy commission established in section 2 of chapter 6D of the MGL or a designee; and 16 persons to be appointed by the governor, 1 of whom shall be a person with expertise in the field of public health economics; 1 of whom shall be a person with expertise in public health research; 1 of whom shall be a person with expertise in the field of health equity; 1 of whom shall be a person from a local board of health for a city or town with a population greater than 50,000; 1 of whom shall be a person of a board of health for a city or town with a population of fewer than 50,000; 1 of whom shall be representatives of health insurance carriers; 1 of whom shall be a person from a consumer health advocacy organization; 1 of whom shall be a person from a hospital association; 1 of whom shall be a person from a statewide public health organization; 1 of whom shall be a representative of the interest of businesses; 1 of whom shall be a public health nurse or a school nurse; 1 of whom shall be a person from an association representing community health workers; 2 of whom shall represent a statewide association of community-based service providers addressing public health; and 2 of whom shall be a person with expertise in the design and implementation of community-wide public health strategies. In selecting appointees, the governor shall consider diverse representation on the board by race, ethnicity, gender, and geographic region.
(c) The Prevention and Wellness Advisory Board shall evaluate the program authorized in section 2G of said chapter 111 and shall issue an evaluation report at an interval to be determined by the Board, but not less than every 5 years from the beginning of each grant period. The report shall include an analysis of all relevant data to determine the effectiveness of the program including, but not limited to, an analysis of: (i) the extent to which the program impacted the prevalence, severity, or control of preventable health conditions and the extent to which the program is projected to impact such factors in the future; (ii) the extent to which the program reduced health care costs or the growth in health care cost trends and the extent to which the program is projected to reduce such costs in the future; (iii) whether health care or other costs were reduced and who benefited from the reduction; (iv) the extent that health outcomes or health behaviors were positively impacted; (v) the extent that access to evidence-based community strategies was increased; (vi) the extent to which the social determinants of health were addressed by grantees; (vii) the extent that community wide risk factors for poor health were reduced or mitigated; (viii) the extent that grantees increased their ability to collaborate, share data, and align services with other providers and community-based organizations for greater impact; (ix) the extent to which health inequities experienced by populations based on race, ethnicity, gender, disability status, sexual orientation or socio-economic status were reduced across all metrics; and (x) recommendations for whether the program should be discontinued, amended or expanded and a timetable for implementation of the recommendations.
The department of public health shall coordinate with grantees to contract with an outside organization that has expertise in the analysis of public health and health care financing to assist the board in conducting its evaluation. The outside organization shall be provided access to actual health plan data from the all-payer claims database as administered by the center for health information and analysis and data from MassHealth, to the extent permitted by law; provided, however, that the data shall be confidential and shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 of the General Laws.
The board shall report the results of its evaluation and its recommendations, if any, and drafts of legislation necessary to carry out the recommendations to the house and senate committees on ways and means, the joint committee on public health, and the joint committee on health care financing and shall post the board’s report on the website of the department of public health.
SECTION 3. Section 68 of Chapter 118E of the General Laws is hereby amended by inserting after subsection (f) the following subsection:–
(g) (1) In addition to the surcharge assessed under subsection (a), acute hospitals and ambulatory surgical centers shall assess a prevention and wellness surcharge on all payments subject to surcharge as defined in section 64. The prevention and wellness surcharge amount shall equal the product of (i) the prevention wellness surcharge percentage and (ii) amounts paid for these services by a surcharge payor. The office shall calculate the prevention and cost control surcharge percentage by dividing $15,000,000 by the projected annual aggregate payments subject to the surcharge, excluding projected annual aggregate payments based on payments made by managed care organizations. The office shall determine the prevention and wellness surcharge percentage before the start of each fund fiscal year and may redetermine the prevention and wellness surcharge percentage before April 1 of each fund fiscal year if the division projects that the initial prevention and wellness surcharge established the previous October will produce less than $10,000,000 or more than $20,000,000. Before each succeeding October 1, the office shall redetermine the prevention and wellness surcharge percentage incorporating any adjustments from earlier years. In each determination or redetermination of the prevention and wellness surcharge percentage, the office shall use the best data available as determined by the office and may consider the effect on projected prevention and wellness surcharge payments of any modified or waived enforcement under subsection (e). The office shall incorporate all adjustments, including, but not limited to, updates or corrections or final settlement amounts, by prospective adjustment rather than by retrospective payments or assessments.
(2) Prevention and wellness surcharge payments shall be deposited in the Prevention and Wellness Trust Fund, established in section 2G of chapter 111.
(3) All provisions of subsections (a) to (f) and section 64 shall apply to the prevention and wellness surcharge, to the extent not inconsistent with the provisions of this subsection.
SECTION 4. Section 14 of Chapter 94G is hereby amended by striking out subsection
(b), inserted by section 40 of chapter 55 of the acts of 2017, and inserting in place thereof the following subsection:-
(b) Money in the fund shall be subject to appropriation. Money in the fund shall be expended for the implementation, administration and enforcement of this chapter by the commission and by the department of agricultural resources for the implementation, administration and enforcement of sections 116 to 123, inclusive, of chapter 128 and the provision of pesticide control pursuant to chapter 132B; provided, that 10 per cent of the amounts held in the fund in any 1 year shall be transferred annually to the Prevention and Wellness Trust Fund established in section 2G of chapter 111, not later than June 30. Thereafter, money in the fund shall be expended for: (i) public and behavioral health including but not limited to, evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services in a recurring grant for school districts or community coalitions who operate on the strategic prevention framework or similar structure for youth substance use education and prevention; (ii) public safety; (iii) municipal police training; and (iv) programming for restorative justice, jail diversion, workforce development, industry specific technical assistance, and mentoring services for economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses pursuant to chapter 94C.
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An Act to enhance hospital care for those with autism and intellectual and developmental disabilities
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S1401
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SD973
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:09:37.613'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:09:37.6133333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T09:58:41.8933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-02T12:04:23.6233333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:04:23.6233333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-03T09:25:50.3'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T10:24:05.5166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T12:36:42.1366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T11:07:01.3'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:59:01.0733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T16:36:42.85'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-23T10:42:44.1866667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T10:28:27.65'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-05-03T11:09:05.4966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-10T16:02:05.8833333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1401) of Jason M. Lewis, Sean Garballey, Angelo J. Puppolo, Jr., Michael O. Moore and other members of the General Court for legislation to increase current medical providers' knowledge about autism in order to improve treatment. Public Health.
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SECTION 1. Notwithstanding any general or special law to the contrary, within one year of the date of enactment, the executive office of health and human services shall create and maintain an integrated state plan to develop training and education as well as standards of care by appropriate healthcare providers related to the diagnosis, treatment, and care of patients with intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities. The plan should include implementation steps and recommendations from the advisory committee on intellectual and developmental disabilities that includes, but is not limited to: (1) continuing education requirements for applicable healthcare providers related to diagnosis, treatment, and care of patients with intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities; (2) implementation of a strategy for the adoption of standards for improving assessment and diagnosis of intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities, for patients during routine outpatient primary care examinations; and (3) coordination with applicable state licensure boards, as recommended by the advisory committee on intellectual and developmental disabilities, the adoption of appropriate continuing education requirements related to intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities, as part of licensure renewals.
Within six months of the date of enactment, there is hereby established an advisory committee on intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities. Said advisory committee shall be comprised of the following experts: (i) a designee of the secretary of health and human services; (ii) a designee of the commissioner of public health; (iii) two health care providers with expertise in the diagnosis, treatment, and care of patients with intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities; (iv) two patient advocates or family members of those with intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities; and (iv) five statewide trade organizations that include the Arc of Massachusetts, the Massachusetts Health and Hospital Association, the Massachusetts Medical Society, and Massachusetts Psychiatric Society, and the Massachusetts Psychological Association. The advisory council shall develop recommendations for statewide standards for healthcare professionals regarding diagnosis, treatment, and care for patients with intellectual and developmental disabilities, including but not limited to, autism spectrum disorders and those with intersecting marginalized identities. Said standards shall include recommendations for training of healthcare providers, including but not limited to, physicians, psychologists, psychiatrists, physician assistants, registered nurses, and advanced practice registered nurses.
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An Act improving healthcare delivery for underserved residents of the commonwealth
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S1402
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SD1823
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T17:36:55.413'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T17:36:55.4133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-20T11:48:01.7633333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T11:15:51.29'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T11:15:51.29'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-10T11:06:05.59'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T11:06:05.59'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-14T14:15:58.1'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:01:10.18'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T10:47:21.6933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-13T16:06:11.73'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T16:06:11.73'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-10T14:43:10.09'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1402) of Jason M. Lewis, Jack Patrick Lewis, Joanne M. Comerford, Jacob R. Oliveira and other members of the General Court for legislation to improve healthcare delivery for underserved residents of the commonwealth. Public Health.
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SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out Section 9, and inserting in place thereof the following section:-
Section 9.
(a) An applicant for limited registration under this section may, upon payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven, be registered by the board as an intern, fellow or medical officer for such time as it may subscribe if the applicant furnishes the board with satisfactory proof of the following:
(1) The applicant is eighteen or over and of good moral character.
(2) (i) The applicant has creditably completed two years of a premedical course of study in a college or university and not less than three and one-half years of study in a legally chartered medical school having the power to grant degrees in medicine; or (ii) if not enrolled in or a graduate of a legally chartered medical school in the United States or Canada, the applicant is the holder of a standard certificate granted after an examination by the Education Council for Foreign Medical Graduates, unless granted an exemption by the board; or (iii) the applicant has completed two years of premedical education in a college or university of the United States, Canada or Puerto Rico and if the applicant has studied medicine in a medical school outside the United States, Canada or Puerto Rico that is recognized by the World Health Organization, has completed all the formal requirements for the degree corresponding to doctor of medicine, except internship and social service, and has completed a year of clinical clerkship approved by the liaison committee on medical education of the American Medical Association.
(3) The applicant has been appointed as an intern, fellow or medical officer in a hospital or other institution of the commonwealth, or of a county or municipality thereof, or in a hospital or clinic which is incorporated under the laws of the commonwealth or in a clinic which is affiliated with a hospital licensed by the department of public health under authority of section seventy-one of chapter one hundred and eleven, or in an out-patient clinic operated by the department of mental health, or in the department of public health for duty in clinics or in programs operated or approved by the department of public health, or in programs approved by the board of registration in medicine in the commonwealth and leading toward certification by specialty boards recognized by the American Medical Association.
(4) The applicant has applied 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 the medical assistance program for the limited purpose of ordering and referring services covered under the program if regulations governing such limited participation are promulgated under chapter 118E.
Such limited registration shall entitle the applicant to practice medicine only in the hospital, institution, clinic or program designated on the applicant’s certificate of limited registration, or outside such hospital, institution, clinic or program for the treatment, under supervision of one of its medical officers who is a duly registered physician, of persons accepted by it as patients, or in any hospital, institution, clinic or program affiliated for training purposes with the hospital, institution, clinic or program designated on such certificate, which affiliation is approved by the board and in any case under regulations established by such hospital, institution, clinic or program. The name of any hospital, institution, clinic or program so affiliated and so approved shall also be indicated on such certificate. Limited registration under this section may be revoked at any time by the board.
(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 (3), 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 (5).
(1) Definitions. For the purposes of this subsection, the following terms shall have the following meanings—
(i) “Commission” 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) “Licensing Exam” shall mean United States Medical Licensing Examination.
(iv) “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.
(v) “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.
(2) For the purposes of this subsection, the Massachusetts health care workforce center or its equivalent in the department of public health shall assist the board in determining the regions or populations comprising a Massachusetts physician shortage area.
(3) 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 Commission 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 Step 1 and Step 2-Clinical Knowledge (CK) of the Licensing Exam;
(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) shall 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.
(4) The 1-year limited license may be renewed no more than once.
(5) An internationally-trained physician who provides the board with proof of (i) successful completion of the participating facility’s assessment and evaluation program, (ii) a passing score on Step 3 of the Licensing Exam, and (iii) any additional prerequisites that the board may require, 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 any additional prerequisites for eligibility shall not include post-graduate clinical training, and that the restricted license shall authorize the holder to practice independently in a primary care specialty, psychiatry, or other specialty approved by the board. After 2 years of restricted practice, the internationally-trained physician shall be eligible to apply for a full, unrestricted license to practice medicine. The 2-year restricted license may be renewed no more than once.
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An Act governing the operation of ambulance services by not-for-profit hospital systems or services
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S1403
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SD255
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:23:19.99'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:23:19.99'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1403/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1403) of Joan B. Lovely for legislation to governing not for profit hospital system or service operating an ambulance service. Public Health.
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SECTION 1. Notwithstanding the provisions of any regulation, rule or law to the contrary, any not-for-profit acute care hospital system or service or provider licensed under Chapter 111 of the General Laws shall comply with Chapter 111C, Chapter 154 of the Acts of 2003 and Chapter 54 of the Acts of 2000, respectively, in order to administer and operate an emergency or non-emergent medical transport service, so-called, in the Commonwealth; provided, that if any such not-for-profit hospital system or service licensed under said Chapter 111 is awarded a 911 contract, so-called, by a municipality, such not-for-profit hospital system or service shall contribute a minimum of 33% of the gross ambulance receipts toward the cost of such municipality’s fire-based service in order to enhance the public-safety infrastructure and fire-based services of a municipality; provided further, that if a not-for-profit hospital system or service licensed under said Chapter 111 is awarded a 911 contract, so-called, by a municipality, the not-for-profit hospital system or service shall pay no less than 50% of the cost to operate the Public Safety Answering Point (PSAP), so-called, in order to support the dispatching of 911 services in such municipality; provided further, that any acute care hospital operating an emergency or non-emergent medical transport service prior to this law shall comply with the provisions of this act. The department of public health shall promulgate regulations to administer the provisions of this section not later than 30 days after the enactment of this law.
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An Act relative to acute hospital governance
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S1404
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SD292
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T18:01:16.697'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T18:01:16.6966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:19:16.9566667'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1404) of Joan B. Lovely for legislation 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 relative to newborn screenings for congenital cytomegalovirus
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S1405
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SD1958
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T18:24:12.897'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T18:24:12.8966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T11:56:19.85'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-20T11:20:12.9833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-20T11:20:12.9833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-20T11:20:12.9833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-20T11:20:12.9833333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T11:20:12.9833333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-04-07T15:05:53.0833333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-07T15:05:53.0833333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-07T15:05:53.0833333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-04-26T09:23:20.0366667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-24T09:00:32.9'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1405) of Joan B. Lovely and Sal N. DiDomenico for legislation relative to newborn screenings for congenital cytomegalovirus. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, 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 110J 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.
SECTION 2. Said chapter 111 is hereby further 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 110I. 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.
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An Act preserving access to hospital services
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S1406
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SD1902
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:30:54.59'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:30:54.59'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-13T20:41:19.56'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-13T20:41:19.56'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T20:41:19.56'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T15:11:00.9'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-01T13:20:55.8433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T11:13:06.2433333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-10T08:51:15.9866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-07-10T08:51:15.9866667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-22T06:24:59.0833333'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1406) of Paul W. Mark, Lindsay N. Sabadosa, Jack Patrick Lewis, James B. Eldridge and other members of the General Court for legislation to preserve access to hospital services. Public Health.
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Chapter 111 of the General Laws is hereby amended by adding at the end of section 51G the following new section:
(7) The department, in conjunction with other state departments or agencies, shall promulgate regulations creating a process for state receivership for any hospital or free-standing clinic that provides essential health services and (a) closes without providing the required 90-day notice or (b) closes a hospital or free-standing clinic following a determination by the department that closure would constitute a discontinuation of services necessary for preserving access and health status in the hospital or free-standing clinic’s service area. These regulations shall include a mechanism and source for funding said receivership.
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An Act to create equitable approaches to public health
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S1407
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SD1903
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:26:05.337'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:26:05.3366667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T16:19:15.94'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-23T10:57:43.7733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T15:40:22.48'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1407) of Paul W. Mark for legislation to create equitable approaches to public health. Public Health.
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SECTION 1. Chapter 6A of the General Laws shall be amended by inserting the following new section:-
Section 16CC. The Executive Office of Health and Human Services shall establish and provide administrative oversight to the Equitable Approaches to Public Health grant program to increase the availability of non-law-enforcement, unarmed community-based response options for emergency calls.
Said grant program shall --
(i) make competitive grants to eligible applicants to develop local systems for protecting the mental and physical well-being of residents, preventing violence, de-escalating volatile situations, ensuring access to human services, and reducing government use of force, in emergency and non-emergency situations that do not necessitate the presence of law enforcement personnel, or, where appropriate, the person requesting help requests a response from an alternative to law enforcement and;
(ii) produce timely evaluation of grant performance to clarify and assess the outcomes and costs of funded programs, and any trends across service models provided through the grant program overall; provided further that outcomes assessed shall include, though need not be limited to, mental, physical, and behavioral health outcomes, impact on reduced demand for law enforcement response to 911 calls, and rate of successfully connecting residents with human services for which they present a need.
Grant making criteria and decisions shall be made by a board of community-based stakeholders, one of whom shall be the executive director of the Massachusetts Chapter of the National Association of Social Workers or a designee, one of whom shall be the secretary of the Department of Mental Health or a designee, one of whom shall be the director of Greater Boston Association of Black Social Workers or a designee, one of whom shall be the director of the Massachusetts Peer Support Network or a designee, one of whom shall be the director of the Western Massachusetts Learning Community or designee, one of whom shall be a consumer of services of the Louis D. Brown Peace Institute, one of whom shall be a consumer of services of the Massachusetts Office of Addiction and Recovery, and one of whom shall be the director of Jane Doe Inc. or a designee.
SECTION 2. To be eligible to receive a grant under this act, an entity shall be a partnership of—
1.(a) a unit of local government, or its contractor or tribal organization, acting through an entity that is independent of any law enforcement agency; and
(b) a covered community-based organization. The term Community-Based Organization shall mean — A nonprofit community-based organization, a consortium of nonprofit community-based organizations, or a national nonprofit organization acting as an intermediary for a community-based organization.
2. if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization local to the community.
SECTION 3. To be eligible to receive a grant under this Act for a project, a partnership shall submit an application, to the Executive Office of Health and Human Services at such time, in such manner, and containing such information as the Executive Office of Health and Human Services may require, including—
(1) information that specifies in detail—
(A) the covered populations that the partnership will target for services under this Act;
(B) the experience of the members of the partnership in successfully working in the community to be served and partnering with the target populations.
(C) how the grant funds will be used;
(D) the expertise of the partnership, including its staff, in implementing the project to provide the proposed services;
(E) how the partnership will implement or develop evidence-informed best practices in carrying out the project, including references to applicable research; and
(F) the partnership’s plan for gathering regular feedback from service recipients about the quality of the services, including contacts and resources, provided through the project; and
(2) a memorandum of understanding that—
(A) identifies each partner, including each agency of the unit of local government or tribal organization, as applicable, involved, and is signed by a representative of each partner in the partnership carrying out the project; and
(B) outlines—
(i) the partnership’s engagement with the community, including members of the covered population, and the role the engagement played in developing the project;
(ii) the financial and programmatic commitment of each partner, and the specific role of a law enforcement agency, if involved in a backup role;
(iii) the responsibilities of partners, emergency dispatch operators, and dispatchers in the national 911 system, in properly identifying calls in the community to be served necessitating a community-based emergency and non-emergency response and directing those calls to appropriate responders;
(iv) the responsibilities of information and referral systems for essential community services, accessed in most localities by dialing 211, and the National Suicide Prevention Hotline for participating in efficiently routing direct callers to services;
(v) the responsibilities of each partner with respect to data collection and evaluation;
(vi) as of the date of submission of the application, how each partner’s existing vision, theory of change, theory of action, and activities align with those of the grant program set forth in this Act;
(viii) how the eligible partners’ governing boards or advisory boards, and emergency responders, are representative of the community to be served;
(ix) how a structure through which residents of the community and grassroots organizations will have an active role in the eligible partnership’s decision-making;
(x) how the partnership anticipates that the project involved will decrease the presence of local law enforcement in situations not warranting an emergency response;
(xi) any State or local laws that may be an impediment to implementation of the project; and
(xii) any other information the Executive Office of Health and Human Services reasonably determines to be necessary.
SECTION 4. An eligible partnership that receives a grant under this Act for a project may use the grant funds for—
(1) project planning and community engagement;
(2) project implementation;
(3) staffing and recruitment;
(4) facilities;
(5) operational costs, including costs of startup or expansion activities, marketing, language translation and interpretation, and transportation;
(6) engagement with technical assistance providers;
(7) consulting services;
(8) training;
(9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery;
(10) programming and service interventions that include—
(A) activities that prioritize human service interventions, by entities other than law enforcement; or
(B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to entities other than law enforcement; and
(11) activities that include follow-up by human services organizations after contact by law enforcement, such as peer support or community mediation, social services, or behavioral health services;
(12) training for emergency dispatch operators; and
(13) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response.
SECTION 5. None of the grant funds shall be provided to State, tribal, or local law enforcement agencies.
SECTION 6. Not later than 4 fiscal quarters after the board begins dispensing grants in accordance with this subsection, the Commonwealth shall enter into a contract with an independent entity or organization – whose governing board or senior staff is comprised all or in part of community members who i) live in communities that experience a disproportionate police presence or that are disproportionately impacted by the criminal justice system or (ii) were formerly incarcerated to conduct an evaluation for the purposes of—
(a) determining the effect of the provision of such services on—
(I) emergency room visits;
(II) use of ambulatory services;
(III) hospitalizations;
(IV) the involvement of law enforcement in mental health or substance use disorder crisis events;
i). Including but not limited to:
a.Data to be made available by the Department of Public Health pertaining to law enforcement-related injury or death
b.Data to be made available by the entity responsible for the identification and dispatching of 911 or emergency services relative to a covered population’s needs
(VI) other relevant outcomes identified by the Executive Office of Health and Human Services
SECTION 7. Each recipient of a grant for a project under this section is required to submit an annual report to the Executive Office of Health and Human Services that details—
(1) the specific uses of the grant funds;
(2) the number of individuals contacted through the project;
(3) the number of individuals connected with ongoing services or resources through the project, disaggregated by race, ethnicity, gender, sexual orientation, gender identity, disability status, religious affiliations, and other characteristics;
(4) any evidence of positive outcomes following the contacts or connections;
(5) any evidence of negative outcomes that may have occurred following the contacts or connections;
(6) the percentage of total emergency calls diverted from law enforcement to the grant recipient;
(7) the percentage of emergency calls diverted to the grant recipient that have been addressed;
(8) the extent to which the grant recipient is hiring or training individuals from within the covered population, and the recruitment, hiring, training, and retention practices for such individuals;
(9) any related reduction in the number of calls to law enforcement over the period of the project;
(10) any changes in the types of calls made to the 911 system, to the extent that it is practicable to report information on such changes;
(11) any increases in the number of calls to the 211 (or equivalent) systems for essential non-emergency community services or calls to the 988 National Suicide Prevention Hotline over the period of the project;
(12) any State or local laws that were an impediment to implementation of the project; and
(13) any evidence of completed in-home, teletherapy, or in-community responses that included counseling, crisis response, family treatment, mediation, or other evidence-based interventions that addressed complex needs not able to be resolved by non-emergency calls alone.
SECTION 8. Not later than October 1, 2028, the Executive Office of Health and Human Services shall—
(1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (13) of section 6; and
(2) submit to the legislature a report containing the evaluation and recommended next steps for the program.
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An Act to strengthen the direct care and dementia workforce
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S1408
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SD1909
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T16:16:35.89'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T16:16:35.89'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-13T20:37:55.1933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-13T20:37:55.1933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-13T20:37:55.1933333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-13T20:37:55.1933333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T20:37:55.1933333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-13T20:37:55.1933333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-13T20:37:55.1933333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-21T08:41:20.59'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T08:41:20.59'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T12:45:30.1566667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-23T11:13:29.1766667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-23T11:13:29.1766667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-10T10:21:02.4833333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T16:19:08.27'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T13:04:27.35'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-22T15:10:32.1166667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-23T16:11:09.1033333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T14:41:16.0966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-21T08:45:09.7666667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-12T13:48:29.3633333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-22T08:30:37.85'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1408/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1408) of Paul W. Mark, Vanna Howard, Jack Patrick Lewis, Angelo J. Puppolo, Jr. and other members of the General Court 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 HLTV 111 tests
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S1409
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SD1921
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T15:37:55.98'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T15:37:55.98'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1409/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1409) of Paul W. Mark for legislation relative to HLTV 111 tests. Public Health.
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Section 70F of chapter 111 of the General Laws is hereby amended by adding the following paragraph:-
Notwithstanding the above, if the person’s blood has come in contact with another person who may be infected thereby, such tests shall be performed and the result made known to the person who may have been infected despite the inability or refusal of the person to give written consent.
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An Act regarding professional licensure
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S141
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SD644
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-17T15:20:04.17'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-17T15:20:04.17'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S141/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 141) of Michael D. Brady for legislation to regard professional licensure. Consumer Protection and Professional Licensure.
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Chapter 147 is amended in Section 1 by striking the section in its entirety and inserting in place thereof the following section:
Section 1. (a) The commissioner of occupational licensure shall supervise the work of the several boards of registration and examination included in the division of occupational licensure. He shall recommend changes in the methods of conducting examinations and transacting business and shall make such reports to the governor and council as they may require or as the commissioner may deem expedient.
(b) The commissioner may consider requests to eliminate, reduce, or otherwise diminish standards or requirements for professional licensure of individuals, businesses, or trades; provided, however that the commissioner shall not have the authority to grant said requests without approval by majority vote of the board of registration that oversees the trade or profession said request affects.
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Resolve increasing diagnostic testing preparedness
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S1410
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SD1930
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T15:06:34.387'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T15:06:34.3866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1410/DocumentHistoryActions
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Resolve
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By Mr. Mark, a petition (accompanied by resolve, Senate, No. 1410) of Paul W. Mark that provisions be made for an investigation and study by a special commission (including members of the General Court) to increase diagnostic testing preparedness. Public Health.
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Resolved, that there shall be a special legislative Diagnostic Testing Preparedness commission established pursuant to section 2A of chapter 4 of the General Laws to study the public and private diagnostic testing infrastructure in the commonwealth and to make recommendations to increase preparedness for future pandemics, epidemics and emerging pathogens.
To assist the commission in carrying out its review, the commissioner of public health and the executive director of the center for health information and analysis each shall provide to the commission any data and information the commission considers relevant to its charge.
The commission shall include the following members: the commissioner of public health, or a designee, who shall serve as chair; the chairs of the joint committee on Covid-19 and emergency preparedness and management; the chairs of the joint committee on public health; the minority leader of the house of representatives, or a house member designee; the minority leader of the senate, or a senate member designee; and the following members who shall be appointed by the commissioner of public health: a representative of a community hospital laboratory; a representative of a university laboratory; a representative of a rural hospital laboratory; representative of a large reference laboratory; a representative of an in vitro diagnostics manufacturer; a representative of a physician office clinic; a licensed physician who specializes in infectious diseases; a clinical pharmacist; a licensed primary care physician; an emergency room physician; an emergency medical technician; a representative of a long term care facility; a representative of a home health agency; and, any other member who has specialized knowledge or experience that would be valuable to the commission.
The commission shall review the ability of the commonwealth’s public and private diagnostic infrastructure to meet the testing demands throughout the COVID-19 pandemic and shall recommend a strategic plan to prepare the commonwealth’s diagnostic testing infrastructure and capacity to improve the commonwealth’s preparedness to meet diagnostic, screening and surveillance needs for existing infectious diseases, emerging pathogens, and future epidemics and pandemics. In developing the strategic plan, the commission shall: (i) prepare an inventory of all existing laboratory testing assets in the commonwealth including public health, hospital, physician office, and reference laboratories; (ii) identify laboratory testing assets that could be used as surge capacity during an epidemic or pandemic, such as those found in universities, industry, blood banks, or clinical research entities; (iii) identify access barriers to testing and provide recommendations to address them, especially for our most vulnerable populations; and, (iv) develop a plan to establish a reserve of diagnostic testing supplies, reagents and equipment to increase the commonwealth’s preparedness for infectious disease testing during an epidemic, pandemic, or other public health emergency, which should consider state-held stockpiles, vendor-managed reserve inventories, and other innovative public-private partnerships and shall include recommendations regarding the operation, purchase, storage, maintenance and distribution of said stockpile and any funding required to establish such a reserve.
The special commission shall submit a report of its findings and any recommendations by filing its report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on Covid-19 and emergency preparedness and management and the joint committee on public health, not later than February 1, 2024. The first meeting of the commission shall be not later than July 1, 2023.
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An Act to review hospitalization and emergency restraints in involuntary commitment
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S1411
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SD2328
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T15:46:16.693'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T15:46:16.6933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1411/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1411) of Paul W. Mark for legislation to review hospitalization and emergency restraints in involuntary commitment. Public Health.
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Chapter 123 of the General Laws is hereby amended by inserting after section 12 the following section:-
SECTION 12A
(a)The department of Health and Human Services shall be tasked with creating a “Section 12 Involuntary Commitment Commission” (referred to hereafter as “the commission”) to review the current language of Chapter 123 section 12 and its requisite sub-parts and the recent legal and medical standards for hospitalization and emergency restraints in involuntary commitment.
(b) The commission shall be comprised of eighteen members and shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the house and senate chairs of the joint committee on mental health, substance use, and recovery or their designees; the house and senate chairs of the joint committee on judiciary or their designees; the minority leader of the house or a designee; the minority leader of the senate or a designee; the chief justice of the trial court or a designee; the commissioner of the department of mental health or a designee. One representative from each of the following organizations: Massachusetts Chiefs of Police Association; The Committee for Public Counsel Services; Massachusetts Health & Hospital Association, Inc.; Massachusetts Medical Society; Massachusetts Psychiatric Society, Inc.; Massachusetts College of Emergency Physicians, Inc.; and Massachusetts Association of Behavioral Health Systems, Inc.; National Alliance on Mental Illness Massachusetts; Massachusetts Association for Mental Illness ; Massachusetts Ambulance Association.
(c) The Commission shall evaluate the way current policy guidance and policy have changed the historical procedures. including but not limited to the way the 988 suicide and prevention hotline (referred to hereafter as “the-988”) has changed the section 12 process and offer recommendations for how the efforts around the-988 and changes to the involuntary commitment process may better align to reduce the unnecessary use of section 12 methods.
(d) The commission shall file recommendations, including any proposed legislation, with the clerks of the house of representatives and the senate not later than one year after its first meeting.
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An Act regarding racism as a public health crisis in Massachusetts
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S1412
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SD1634
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:24:15.42'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:24:15.42'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-09-27T10:57:05.43'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1412/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1412) of Liz Miranda for legislation to regard racism as a public health crisis in Massachusetts. Public Health.
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SECTION 1. The commissioner of the Department of Public Health shall declare racism as a public health crisis, and shall direct the Office of Health Equity to develop policies to dismantle systemic racism impacting health; including, but not limited to, the implementation of a health equity audit of services provided by the Department of Public Health, increasing health data transparency regarding race/ethnicity, and establishing programs focused on the prevention and treatment of chronic diseases disproportionately impacting communities of color. The Office of Health Equity shall submit an annual report to the Commissioner of the Department of Public Health and the Legislature on the state of systemic racism impacting public health.
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An Act relative to culturally competent and effective health care
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S1413
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SD1724
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T19:57:45.763'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T19:57:45.7633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1413/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1413) of Liz Miranda for legislation relative to culturally competent and effective health care. Public Health.
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SECTION 1. Chapter 111 of the Massachusetts General Laws shall be amended by adding at the end thereof, the following section:
Section ##: Notwithstanding any special or general law to the contrary, the Board of Registration in Medicine and the Center for Health Information and Analysis shall collect and make publicly available physician workforce date concerning race, ethnicity, gender identity and sexual identity for the purposes of assessing the impact of physician workforce diversity and health outcomes in the Commonwealth of Massachusetts
Health care facilities licensed under Section 51 of Chapter 111 of the Massachusetts General Laws shall provide to both the Board of Registration in Medicine and the Center for Health Information and Analysis, the following data on a quarterly basis for physicians, medical fellows, interns, and residents:
Race / Ethnicity
Gender
Identity
Duration of practice in Massachusetts
Duration of practice at current facility
Highest Professional Level / Leadership Appointment
Highest Academic Appointment
Highest Educational Debt
Employment status: Part-time / full-time / per diem
This data shall be aggregated and made publicly available on the Board of Registration in Medicine website no more than 30 days after the end of each fiscal quarter.
SECTION 2. The Center for Health Information and Analysis shall report on the data collected under this section to the House and Senate Clerk and the Department of Public Health no later than January 30th of each calendar year.
SECTION 3. This act shall become effective 90 days after enactment.
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An Act relative to conducting fetal and infant mortality review
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S1414
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SD2096
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T20:59:50.017'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T20:59:50.0166667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-07T13:09:04.5633333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T13:56:25.9733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-28T11:35:23.1933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T09:50:56.1566667'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1414) of Liz Miranda, Lydia Edwards and Jason M. Lewis for legislation 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 relative to birthing justice in the Commonwealth
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S1415
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SD2401
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:52:26.937'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:52:26.9366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T11:21:55.3533333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-30T11:21:55.3533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-30T11:21:55.3533333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-30T11:21:55.3533333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T11:21:55.3533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-30T11:21:55.3533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T13:40:33.33'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-08T13:40:33.33'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T13:40:33.33'}, {'Id': 'JMC0', 'Name': 'Joanne M. 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http://malegislature.gov/api/GeneralCourts/193/Documents/S1415/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1415) of Liz Miranda, Lindsay N. Sabadosa, Paul W. Mark, Tram T. Nguyen and other members of the General Court for legislation relative to birthing justice in the Commonwealth. Public Health.
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SECTION 1. Chapter 118E of the General Laws, as appearing in the 2014 Official 2 Edition, is hereby amended by inserting after Section 10L the following: -
Section 10M. The division shall provide coverage of screenings by pediatricians for postpartum depression in mothers of newly born children during any visit to a pediatrician’s office taking place for up to one year from the date of the child’s birth.
SECTION 2. 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.
SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. 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.
SECTION 23. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-
Section 10O: Medicaid Coverage for Doula Services.
(A) For purposes of this section, the term “doula services” shall have the following meaning:
“Doula Services” are physical, emotional, and informational support, but not medical care, provided by trained doulas to individuals and families during and after pregnancy, labor, childbirth, miscarriage, stillbirth or pregnancy loss. Doula services include but are not limited to:
(1) continuous labor support;
(2) prenatal, postpartum, and bereavement home or in-person visits throughout the perinatal period, lasting until 1 year after birth, pregnancy loss, stillbirth, or miscarriage;
(3) accompanying pregnant individuals to health care and social services appointments;
(4) providing support to individuals for loss of pregnancy or infant from conception
through one year postpartum;
(5) connecting individuals to community-based and state- and federally-funded resources, including those which address social determinants of health;
(6) making oneself available (being on-call) around the time of birth or loss as well as providing support for any concerns of pregnant individuals throughout pregnancy and until one year after birth, pregnancy loss, stillbirth, or miscarriage.
(7) providing support for other individuals providing care for a birthing parent, including a birthing parent’s partner and family members.
(B) Coverage of Doula Services:
(1) The Division shall provide coverage of doula services to pregnant individuals and postpartum individuals up to 12 months following the end of the pregnancy who are eligible for medical assistance under this chapter and/or through Title XIX or Title XXI of the Social Security Act. The Division shall provide the same coverage of doula services to pregnant and postpartum individuals who are not otherwise eligible for medical assistance under this chapter or Titles XIX or XXI of the Social Security Act solely because of their immigration status.
(2) The Division must cover continuous support through labor and childbirth, and at least up to six doula visits across the prenatal and one year postpartum period, including at least two postpartum visits, without the need for prior authorization. The Division must also establish a procedure to cover additional doula visits as needed.
(C) Creation of Doula Advisory Committee: There is hereby created a Doula Advisory Committee.
(1) The committee shall consist of 10-12 members to be appointed by the commissioner of public health, or designee.
(a) All but 2 of the members must be practicing doulas from the community; the remaining 2 members must be individuals from the community who have experienced pregnancy as a MassHealth member and are not practicing doulas.
(b) Among the members described in (a) above:
(i) at least 1 member must be a person who identifies as belonging to the LGBTQIA+ community;
(iii) at least 1 member must be a person who has experienced a severe maternal morbidity, a perinatal mental health or mood disorder, or a near-death experience while pregnant or in maternity care;
(iv) at least 1 member must be a person who identifies as a person with disabilities or disabled person;
(c) The members of the committee shall represent a diverse range of experience levels- from doulas new to the practice to more experienced doulas.
(d) The members of the committee shall be from areas within the Commonwealth where maternal and infant outcomes are worse than the state average, as evidenced by the MA Department of Public Health’s most current perinatal data available at the time the member is appointed.
(e) The members of the committee shall represent an equitable geographic distribution from across the Commonwealth.
(2) The committee must be convened within six months of passage of this law.
(3) Of the initial appointments to the Doula Advisory Committee, half shall be appointed to a term of 2 years and half shall be appointed to a term of 18 months. Thereafter, all terms shall be 2 years. The commissioner of public health, or designee, shall fill vacancies as soon as practicable.
(4) At least once every 8 weeks, the Division must meet with the Doula Advisory Committee to consult about at least the following:
(a) the scope of doula services covered by MassHealth;
(b) doula competencies required for reimbursement by MassHealth, and standards of proof or demonstration of those competencies;
(c) the recruitment of a diverse workforce of doulas to provide services to MassHealth members;
(d) the development of comprehensive and high quality continuing education and training that is free or low-cost to doulas committed to providing services to MassHealth members, as well as the development of mentorship and career growth opportunities for doulas providing services to MassHealth members;
(e) the performance of any third party administrators of MassHealth’s doula coverage program, and standards and processes around billing for and prompt reimbursement of doula services;
(f) establishing grievance procedures for doulas, MassHealth members, and health care providers about MassHealth’s coverage of doula services and/or the provision of doula services to MassHealth members;
(g) outreach to the public and stakeholders about how to access doula care for MassHealth members, and about the availability of and advantages of doula care;
(h) the evaluation and collection of data on the provision of, outcomes of, access to, and satisfaction with doula care services provided to MassHealth members;
(i) maintaining a reimbursement rate for doula services that incentivizes and supports a diverse workforce representative of the communities served, and establishing a recurring timeframe to review that rate in light of inflation and changing costs of living in the commonwealth;
(j) how to ensure that MassHealth’s doula reimbursement program is directed towards the goal of reducing inequities in maternal and birth outcomes among racial, ethnic, and cultural populations who reside in all areas within the commonwealth, as evidenced by the most current perinatal data supplied by the department of public health.
(5) Each year, the Doula Advisory Committee must, by a majority vote of a quorum of its members, select an individual to serve as its chairperson for a one year term. The Doula Advisory Committee may replace the chairperson in the same manner mid-term.
(6) The Doula Advisory Committee may, by a majority vote of a quorum of its members, reduce the frequency of meetings with MassHealth to less than once every 8 weeks.
(7) The division and the Department of Public Health shall seek resources to offer reasonable compensation to members of the Doula Advisory Committee for fulfilling their duties, and must reimburse members for actual and necessary expenses incurred while fulfilling their duties.
(8) The division, in partnership with the Doula Advisory Committee, shall conduct at least 1 public hearing or forum each year until three years after passage of this law. The purposes of these hearings or forums shall be to gather feedback from the public and to inform the public about MassHealth’s coverage of doula care.
SECTION 24. Chapter 29 of the Massachusetts General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Doula Workforce Development Trust Fund, hereinafter called the fund. The fund shall be administered by the department of career services which shall contract with the Commonwealth Corporation to administer the fund. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources; and other gifts, grants and donations for the growth, training and continuous support of the doula workforce. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) The Commonwealth Corporation shall make expenditures from the fund for the purposes of:
(i) the development and expansion of comprehensive doula training available across the commonwealth. including the development of doula training focused on meeting the needs of MassHealth members;
(ii) ensuring that doulas committed to serving MassHealth members have access to high quality doula training at no- or low-cost to them;
(iii) the recruitment and retention of doulas from communities with high concentrations of MassHealth members, as well as areas within the commonwealth where maternal and infant outcomes are worse than the state average, as evidenced by the MA Department of Public Health’s perinatal data.
(iv) expanding doula mentoring opportunities across the state, which provide new doulas the opportunity to attend births and incentivize experienced practicing doulas to take on mentees.
(v) leveraging funds to secure future federal funding to support doula workforce development in the commonwealth.
(c) The director of career services shall annually, not later than December 31, report to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on labor and workforce development on the efforts undertaken in support of section (b) above; the number of doulas recruited and trained as a result of activities taken in support of (b) above, including but not limited to sex, gender identity, race, and ethnicity of such doulas; the amount of grants and identities of grantees awarded in support of section (b) above; and the availability of doula training at no- or low-cost to doulas committed to serving MassHealth members.
SECTION 25. Chapter 111 of the General Laws is hereby amended by inserting in section 70E after “Every patient or resident of a facility shall have the right:”:
(p) to have their birth doula’s continuous presence during labor and delivery. Facilities shall not place an undue burden on a patient’s doula’s access to clinical labor and delivery settings, and shall not arbitrarily exclude a patient’s doula from such settings.
SECTION 26. Notwithstanding any general or special law to the contrary the commissioner of the department of development services shall include neonatal abstinence syndrome under the definition of Closely Related Development Conditions as defined under 115 CMR 2 and 115 CMR 6.06(1).
SECTION 27. Chapter 123B, section 2 is hereby amended by inserting after the first paragraph the following paragraph:-
The department of developmental services shall promulgate regulations to facilitate interagency coordination with agencies including, but not limited to, the department of public health, the department of mental health, and the department of early and secondary education and continuation of care during and in the transition provision of Children’s Supports to support access to health care and other services to improve social determinants of health.
SECTION 28. Chapter 111 of the General Laws is hereby amended by inserting after section 110H the following sections:-
Section 110I: 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, 2023.
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 110J: Advisory Committee for CMV Screening Program
There is hereby established an advisory committee for the purpose of implementing the provisions of Section 110I. 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.
SECTION 29. 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 110J 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.
SECTION 30. Section 17C of chapter 32A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “coverage for”, in line 3, the following words:- abortion and abortion-related care,.
SECTION 31. Said section 17C of said chapter 32A, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraphs:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
Benefits for an enrollee under this section shall be the same for the enrollee’s covered spouse and covered dependents.
The commission shall ensure plan compliance with this chapter.
SECTION 32. Section 10A of chapter 118E of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “coverage for”, in line 1, the following words:- abortion and abortion-related care,.
SECTION 33. Said section 10A of said chapter 118E, as so appearing, is hereby further amended by adding the following paragraphs:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
Benefits for an enrollee under this section shall be the same for the enrollee’s covered spouse and covered dependents.
Nothing in this section shall be construed to deny or restrict the division’s authority to ensure its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan are in compliance with this chapter.
SECTION 34. Section 47F of chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “for the expense of”, in line 20, the following words:- abortion and abortion-related care,.
SECTION 35. Said section 47F of said chapter 175, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraphs:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
Benefits for an enrollee under this section shall be the same for the enrollee’s covered spouse and covered dependents.
A policy of accident and sickness insurance that is purchased by an employer that is a church or qualified church-controlled organization, as defined in section 47W of this chapter, shall be exempt from covering abortion and abortion-related care at the request of the employer. An employer that invokes the exemption under this section shall provide written notice to prospective enrollees prior to enrollment with the plan and such notice shall list the health care methods and services for which the employer will not provide coverage for religious reasons.
SECTION 36. Section 8H of Chapter 176A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “expense for”, in line 8, the following words:- abortion and abortion-related care,.
SECTION 37. Said section 8H of said chapter 176A, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words “to the same extent that benefits are provided for medical conditions not related to pregnancy”.
SECTION 38. Said section 8H of said chapter 176A, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraphs:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
Benefits for an enrollee under this section shall be the same for the enrollee’s covered spouse and covered dependents.
A policy of accident and sickness insurance that is purchased by an employer that is a church or qualified church-controlled organization, as defined in section 8W of this chapter, shall be exempt from covering abortion and abortion-related care at the request of the employer. An employer that invokes the exemption under this subsection shall provide written notice to prospective enrollees prior to enrollment with the plan and such notice shall list the health care methods and services for which the employer will not provide coverage for religious reasons.
SECTION 39. Section 4H of chapter 176B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “expense for”, in lines 7 and 8, the following words:- abortion and abortion-related care,.
SECTION 40. Said section 4H of said chapter 176B, as so appearing, is hereby further amended by striking out, in lines 8 to 10, inclusive, the words “to the same extent that benefits are provided for medical conditions not related to pregnancy”.
SECTION 41. Said section 4H of said chapter 176B, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraphs:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
Benefits for an enrollee under this section shall be the same for the enrollee’s covered spouse and covered dependents.
A policy of accident and sickness insurance that is purchased by an employer that is a church or qualified church-controlled organization, as defined in section 4W of this chapter, shall be exempt from covering abortion and abortion-related care at the request of the employer. An employer that invokes the exemption under this subsection shall provide written notice to prospective enrollees prior to enrollment with the plan and such notice shall list the health care methods and services for which the employer will not provide coverage for religious reasons.
SECTION 42. Section 4I of chapter 176G of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “coverage for”, in lines 1 and 2, the following words:- abortion and abortion-related care,.
SECTION 43. Said section 4I of said chapter 176G, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraphs:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
Benefits for an enrollee under this section shall be the same for the enrollee’s covered spouse and covered dependents.
A health maintenance contract that is purchased by an employer that is a church or qualified church-controlled organization, as defined in section 40 of this chapter, shall be exempt from covering abortion and abortion-related care at the request of the employer. An employer that invokes the exemption under this subsection shall provide written notice to prospective enrollees prior to enrollment with the plan and such notice shall list the health care methods and services for which the employer will not provide coverage for religious reasons.
SECTION 44. Sections 1 to 14, inclusive, shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B and 176G of the General Laws that are delivered, issued or renewed 6 months from the effective date of this act.
SECTION 45. Section 47C of chapter 175 is hereby amended by striking out the word “annually” and inserting in place thereof the following words:- once per calendar year.
SECTION 46. Chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, after section 2J, the following new section:-
Section 2K. (a) As used in this section, the following words shall have the following meanings unless context clearly requires otherwise:
“Commissioner,” the commissioner of the department of public health.
“Department,” the department of public health.
“Fund,” the diaper benefits trust fund.
“Organization,” an entity, including but not limited to, that acts in whole or in part as a diaper bank, diaper distribution organization, food bank or food pantry.
“Pilot program,” an organization or organizations receiving funds from the department to provide diapers to low-income families with diaper-wearing infants and/or children. Organizations may collaborate to maximize distribution in their respective regions.
(b) There shall be established and set up on the books of the commonwealth a fund to address diaper insufficiency that shall be administered by the commissioner. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations to further the pilot program. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of the fiscal year shall not revert to the General Fund.
(c) The department shall distribute resources from the fund by issuing a request for proposal through which an organization or organizations may apply. Funds received shall be used for one or more of the following purposes: (i) acquiring diapers, (ii) storing diapers, (iii) distributing diapers, (iv) organizing diaper drives, or (v) marketing the pilot program.
The department shall grant funds based on the demonstrated capacity and need of the applicant. The department shall fund up to 12 applicants no more than 2 of which shall be from the western region of the commonwealth; no more than 2 of which shall be from the central region of the commonwealth; no more than 2 of which shall be from the eastern region of the commonwealth; no more than 2 of which shall be from the southeastern region of the commonwealth; no more than 2 of which shall be from Cape Cod or the Islands; and no more than 2 of which shall be from the Merrimack valley.
Amounts received from private sources shall be approved by the commissioner of the department and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, on distributing diapers.
(d) Not later than one year after the implementation of each pilot program said department shall provide a report to the joint committee on children, families and persons with disabilities and to the house and senate committees on ways and means. The report shall include, but not be limited to: (i) the number of children receiving diapers through the pilot program; (ii) the number of households receiving diapers through the pilot program; (iii) the number of diapers distributed through the pilot program to families in each region; (iv) an explanation of the organization's distribution process and allocation determination; (v) the sources and the amounts remaining in the fund; (vi) if and how the pilot program was able to leverage additional support; (vii) the amounts distributed and the purpose of expenditures from the fund; and (viii) the advisability of expanding the pilot program.
SECTION 47. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 31. The commission shall provide to any active or retired employee of the commonwealth insured under the group insurance commission coverage for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician to achieve compliance with this section.
SECTION 48. Chapter 118E of the General Laws is hereby amended by adding the following section:-
Section 80. The division shall provide coverage for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician to achieve compliance with this section.
SECTION 49. Section 47E of Chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentences:- The reimbursement for the services provided pursuant to this section shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.
SECTION 50. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:-
Section 8PP. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth shall provide as a benefit to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.
SECTION 51. Section 4G of Chapter 176B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentences:- The reimbursement for the services provided pursuant to this section shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.
SECTION 52. Section 4 of Chapter 176G is of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(g) services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112, subject to the terms of a negotiated agreement between the health maintenance organization and the provider of health care services. The reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.
SECTION 53. Chapter 94C, as appearing in the 2018 Official Edition, is hereby amended by inserting, after section 19D, the following section:-
Section 19E. A registered pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to a person who is:
(a) At least 18 years of age, regardless of whether the person has evidence of a previous prescription from a primary care practitioner or women’s health care practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive; or
(b) Under 18 years of age, only if the person has evidence of a previous prescription from a primary care practitioner or women’s health care practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive.
The board shall adopt rules to establish, in consultation with the Massachusetts Medical Board, the Massachusetts State Board of Nursing and the MassHealth, and in consideration of guidelines established by the American Congress of Obstetricians and Gynecologists, standard procedures for the prescribing of hormonal contraceptive patches and self-administered oral hormonal contraceptives by pharmacists. The rules adopted under this subsection must require a pharmacist to:
(a) Complete a training program approved by the State Board of Pharmacy that is related to prescribing hormonal contraceptive patches and self-administered oral hormonal contraceptives;
(b) Provide a self-screening risk assessment tool that the patient must use prior to the pharmacist’s prescribing the hormonal contraceptive patch or self-administered oral hormonal contraceptive;
(c) Refer the patient to the patient’s primary care practitioner or women’s health care practitioner upon prescribing and dispensing the hormonal contraceptive patch or self-administered oral hormonal contraceptive;
(d) Provide the patient with a written record of the hormonal contraceptive patch or self-administered oral hormonal contraceptive prescribed and dispensed and advise the patient to consult with a primary care practitioner or women’s health care practitioner; and
(e) Dispense the hormonal contraceptive patch or self-administered oral hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription.
The rules adopted must prohibit a pharmacist from:
(a) Requiring a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of a hormonal contraceptive patch or self-administered oral hormonal contraceptive; and
(b) Prescribing and dispensing a hormonal contraceptive patch or self-administered oral hormonal contraceptive to a patient who does not have evidence of a clinical visit for women’s health within the three years immediately following the initial prescription and dispensation of a hormonal contraceptive patch or self-administered oral hormonal contraceptive by a pharmacist to the patient.
SECTION 54. Section 51A of chapter 119 of the general laws is hereby amended in subsection (a) in the first paragraph by striking out the words:-
(iii) physical dependence upon an addictive drug at birth,
SECTION 55. Said section 51A is hereby further amended by inserting in subsection (a) after the second paragraph a new subsection:
(a ½) Separate from the reporting requirements under subsection (a), health care providers involved in the delivery or care of infants affected by in-utero substance exposure or a Fetal Alcohol Spectrum disorder, shall notify the Department of such condition in such infants as required under 42 U.S.C. § 1506a(b)(2)(B)(ii). Such notification shall not include the names or identifying information of the parents or the infant, shall not constitute a report that any parent has abused or neglected a child, and shall not trigger or require prosecution for any illegal action.
SECTION 56. Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking subsection (4) of section 51G and inserting in place thereof the following section:
(4) (a) A hospital shall notify the department of a proposed closure at least one calendar year in advance of the date of the proposed closure or discontinuance of an essential health service.
(b) At least 30 days prior to notifying the department of the proposed closure or discontinuance of an essential health service, the hospital shall inform either electronically or in writing the Department and the following parties of its intent to submit notice: (a) The hospital’s patient and family council; (b) Each staff member of the hospital; (c) Every labor organization that represents the hospital’s workforce during the period of the essential services closure; (d) The members of the General Court who represent the city or town in which the hospital is located; and; (e) A representative of the local officials of the city or town in which the hospital is located. The department shall define essential services according to 105 CMR 130.
(c) At least 30 days prior to notifying the department of the proposed closure of an essential health service, a detailed account of any community engagement and planning which has occurred prior to such filing, and such other information as the Commissioner may require shall be presented to the department. With respect to the proposed closure of an essential health service, the hospital shall also send a copy of the notice that it submits to the Department to the Health Policy Commission, Office of the Attorney General, Center for Health Information and Analysis, and Executive Office of Labor and Workforce Development as well as each of the health care coalitions and community groups identified by the hospital in its notice to the department.
(d) The hospital proposing the discontinuance shall provide, with their initial notice to the department, evidence of support or non-opposition to the proposed change from each municipality to which it provides the service as a health care resource, as determined pursuant to section 16T of chapter 6A of the General Laws, or, if a statement of non-opposition cannot be obtained, evidence of having given notice and allowed an opportunity for comment from said municipalities. Any notice given without meeting the requirements of this paragraph shall not constitute notice to the department for the purpose of establishing the earliest date on which the hospital may close or discontinue an essential health service.
(e) The department shall, in the event that a hospital proposes to discontinue an essential health service or services, determine whether any such discontinued services are necessary for preserving access and health status in the hospital’s service area, require the hospital to submit a plan for assuring access to such necessary services following the hospital’s closure of the service, and assure continuing access to such services in the event that the department determines that their closure will significantly reduce access to necessary services. This plan shall include the creation of a community oversight committee comprised of a representative from each municipality to which the hospital provides the service as a health care resource as well as non-managerial employees, including registered nurses and ancillary staff, from the hospital, and a representative from a local interfaith organization to ensure that any plan approved by the department is followed. The community oversight group shall inform the department in the event the plan is not executed and followed by the hospital. If the hospital's plan for assuring continued access to a necessary service relies upon the availability of similar services at another hospital or health facility with which it does not share common ownership, the department shall require the hospital to submit with said plan a statement from each other hospital or health facility listed in the plan, affirming their capacity to provide continued access as described in the plan. The department shall conduct a public hearing prior to a determination on the closure of said essential services or of the hospital. No original license shall be granted to establish or maintain an acute-care hospital, as defined by section 25B, unless the applicant submits a plan, to be approved by the department, for the provision of community benefits, including the identification and provision of essential health services. In approving the plan, the department may take into account the applicants existing commitment to primary and preventive health care services and community contributions as well as the primary and preventive health care services and community contributions of the predecessor hospital. The department may waive this requirement, in whole or in part, at the request of the applicant which has provided or at the time the application is filed, is providing, substantial primary and preventive health care services and community contributions in its service area.
(f) If a hospital executes a plan to discontinue an essential health service, said plan not having been approved by the department pursuant to this section, the Attorney General shall seek an injunction to require that the essential health service be maintained for the duration of the notice period outlined in subsection (a). Additionally, that hospital shall not be eligible to have an application approved pursuant to section 25C for a period of three years from the date the service is discontinued, or until the essential health service is restored, or until such time as the department is satisfied that a plan is in place that, at the time of the discontinuance, would have met the requirements of paragraph (c).
SECTION 57. Section 51 of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the word “Gynecologists,” in line 106, the following words:- , American College of Nurse Midwives, American Association of Birth Centers.
SECTION 58. (a) The department of public health shall promulgate revised regulations under the Code of Massachusetts Regulations 105 CMR 140.000 and 142.000 governing the facility and operation of licensed birth centers in consultation with Seven Sisters Birth Center, Neighborhood Birth Center, American College of Nurse Midwives Massachusetts Affiliate, and other entities operating or planning to open birth centers in Massachusetts to bring the regulations in accordance with chapter 111 of the General Laws and the standards of the American Association of Birth Centers or any successor organization, and to ensure safe, equitable and accessible birth options for birth center clients.
(b) The regulations shall include, but not be limited to, the following provisions:
(i) a licensed free-standing birth center shall have a detailed and written plan on the premises for transfer of a client to a nearby hospital providing obstetrical and newborn services as needed for emergency treatment beyond that provided by the birth center;
(ii) a licensed free-standing birth center shall develop policies and procedures to ensure coordination of ongoing care and transfer when complications occur which render the patient ineligible for birth center care during the antepartum, intrapartum or postpartum period;
(iii) the department shall not require a licensed free-standing birth center or the directors and providers on staff to practice under the supervision of a hospital or another health care provider or to enter into an agreement, written or otherwise, with another hospital or health care provider, or maintain privileges at a hospital;
(iv) a licensed free-standing birth center shall have an administrative director responsible for implementing and overseeing the operational policies of the birth center;
(v) a licensed free-standing birth center shall have a director of clinical affairs on staff who shall be a nurse midwife or physician licensed and in good standing in Massachusetts whose professional scope of practice includes preconception, prenatal, labor, birth, and postpartum care and early care of the newborn and who may be the primary attendants during the perinatal period in accordance with chapter 112 of the General Laws; and
(vi) birth attendants at licensed free-standing birth centers shall be midwives, physicians, or other providers licensed and in good standing in Massachusetts whose professional scope of practice includes preconception, prenatal, labor, birth, and postpartum care and early care of the newborn and who may be the primary attendants in accordance with chapter 112 of the General Laws.
SECTION 59. The department shall issue the revised regulations under section 2 of this act no later than 180 days after the effective date of this act.
SECTION 60. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-
Section 10O: Medicaid Coverage for Doula Services.
(A) For purposes of this section, the term “doula services” shall have the following meaning:
“Doula Services” are physical, emotional, and informational support, but not medical care, provided by trained doulas to individuals and families during and after pregnancy, labor, childbirth, miscarriage, stillbirth or pregnancy loss. Doula services include but are not limited to:
(1) continuous labor support;
(2) prenatal, postpartum, and bereavement home or in-person visits throughout the perinatal period, lasting until 1 year after birth, pregnancy loss, stillbirth, or miscarriage;
(3) accompanying pregnant individuals to health care and social services appointments;
(4) providing support to individuals for loss of pregnancy or infant from conception through one year postpartum;
(5) connecting individuals to community-based and state- and federally-funded resources, including those which address social determinants of health;
(6) making oneself available (being on-call) around the time of birth or loss as well as providing support for any concerns of pregnant individuals throughout pregnancy and until one year after birth, pregnancy loss, stillbirth, or miscarriage.
(7) providing support for other individuals providing care for a birthing parent, including a birthing parent’s partner and family members.
(B) Coverage of Doula Services:
(1) The Division shall provide coverage of doula services to pregnant individuals and postpartum individuals up to 12 months following the end of the pregnancy who are eligible for medical assistance under this chapter and/or through Title XIX or Title XXI of the Social Security Act. The Division shall provide the same coverage of doula services to pregnant and postpartum individuals who are not otherwise eligible for medical assistance under this chapter or Titles XIX or XXI of the Social Security Act solely because of their immigration status.
(2) The Division must cover continuous support through labor and childbirth, and at least up to six doula visits across the prenatal and one year postpartum period, including at least two postpartum visits, without the need for prior authorization. The Division must also establish a procedure to cover additional doula visits as needed.
(C) Creation of Doula Advisory Committee: There is hereby created a Doula Advisory Committee.
(1) The committee shall consist of 10-12 members to be appointed by the commissioner of public health, or designee.
(a) All but 2 of the members must be practicing doulas from the community; the remaining 2 members must be individuals from the community who have experienced pregnancy as a MassHealth member and are not practicing doulas.
(b) Among the members described in (a) above:
(i) at least 1 member must be a person who identifies as belonging to the LGBTQIA+ community;
(iii) at least 1 member must be a person who has experienced a severe maternal morbidity, a perinatal mental health or mood disorder, or a near-death experience while pregnant or in maternity care;
(iv) at least 1 member must be a person who identifies as a person with disabilities or disabled person;
(c) The members of the committee shall represent a diverse range of experience levels- from doulas new to the practice to more experienced doulas.
(d) The members of the committee shall be from areas within the Commonwealth where maternal and infant outcomes are worse than the state average, as evidenced by the MA Department of Public Health’s most current perinatal data available at the time the member is appointed.
(e) The members of the committee shall represent an equitable geographic distribution from across the Commonwealth.
(2) The committee must be convened within six months of passage of this law.
(3) Of the initial appointments to the Doula Advisory Committee, half shall be appointed to a term of 2 years and half shall be appointed to a term of 18 months. Thereafter, all terms shall be 2 years. The commissioner of public health, or designee, shall fill vacancies as soon as practicable.
(4) At least once every 8 weeks, the Division must meet with the Doula Advisory Committee to consult about at least the following:
(a) the scope of doula services covered by MassHealth;
(b) doula competencies required for reimbursement by MassHealth, and standards of proof or demonstration of those competencies;
(c) the recruitment of a diverse workforce of doulas to provide services to MassHealth members;
(d) the development of comprehensive and high quality continuing education and training that is free or low-cost to doulas committed to providing services to MassHealth members, as well as the development of mentorship and career growth opportunities for doulas providing services to MassHealth members;
(e) the performance of any third party administrators of MassHealth’s doula coverage program, and standards and processes around billing for and prompt reimbursement of doula services;
(f) establishing grievance procedures for doulas, MassHealth members, and health care providers about MassHealth’s coverage of doula services and/or the provision of doula services to MassHealth members;
(g) outreach to the public and stakeholders about how to access doula care for MassHealth members, and about the availability of and advantages of doula care;
(h) the evaluation and collection of data on the provision of, outcomes of, access to, and satisfaction with doula care services provided to MassHealth members;
(i) maintaining a reimbursement rate for doula services that incentivizes and supports a diverse workforce representative of the communities served, and establishing a recurring timeframe to review that rate in light of inflation and changing costs of living in the commonwealth;
(j) how to ensure that MassHealth’s doula reimbursement program is directed towards the goal of reducing inequities in maternal and birth outcomes among racial, ethnic, and cultural populations who reside in all areas within the commonwealth, as evidenced by the most current perinatal data supplied by the department of public health.
(5) Each year, the Doula Advisory Committee must, by a majority vote of a quorum of its members, select an individual to serve as its chairperson for a one year term. The Doula Advisory Committee may replace the chairperson in the same manner mid-term.
(6) The Doula Advisory Committee may, by a majority vote of a quorum of its members, reduce the frequency of meetings with MassHealth to less than once every 8 weeks.
(7) The division and the Department of Public Health shall seek resources to offer reasonable compensation to members of the Doula Advisory Committee for fulfilling their duties, and must reimburse members for actual and necessary expenses incurred while fulfilling their duties.
(8) The division, in partnership with the Doula Advisory Committee, shall conduct at least 1 public hearing or forum each year until three years after passage of this law. The purposes of these hearings or forums shall be to gather feedback from the public and to inform the public about MassHealth’s coverage of doula care.
SECTION 61. Chapter 32A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 27 the following section:
Section 28. (a) Any coverage offered by the commission to any active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for all doula services as defined in Section XX.
(b) Nothing in this section shall be construed to deny or restrict in any way the group insurance commission’s authority to ensure plan compliance with this chapter.
SECTION 3. Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after section 10I the following section:
10J (a) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for all doula services as defined in Section XX.
(b) Nothing in this section shall be construed to deny or restrict in any way the group insurance commission’s authority to ensure plan compliance with this chapter.
SECTION 62. Chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after section 47W(c) the following:
(d) An individual policy of accident and sickness insurance issued pursuant to section 108 that provides hospital expense and surgical expense and any group blanket policy of accident and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the Commonwealth, (hereinafter “policy”) shall provide benefits for residents of the Commonwealth and all group members having a principal place of employment within the Commonwealth coverage for all doula services as defined in Section XX.
(e) Nothing in this section shall be construed to deny or restrict in any way the division of insurance’s authority to ensure compliance with this chapter.
SECTION 63. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8W(c) the following:
(d) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within or without the Commonwealth and that provides benefits for outpatient services shall provide to all individual subscribers and members within the Commonwealth and to all group members having a principal place of employment within the Commonwealth coverage for all doula services as defined in Section XX.
(e) Nothing in this section shall be construed to deny or restrict in any way the division of insurance’s authority to ensure compliance with this chapter.
SECTION 64. Chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after section 4W(c) the following:
(d) Any subscription certificate under an individual or group medical service agreement that is delivered, issued or renewed within or without the Commonwealth and that provides benefits for outpatient services shall provide to all individual subscribers and members within the Commonwealth and to all group members having a principal place of employment within the Commonwealth coverage for all doula services as defined in Section XX.
(e) Nothing in this subsection shall be construed to deny or restrict in any way the division of insurance’s authority to ensure medical service agreement compliance with this chapter.
SECTION 65. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4O(c) the following:
(d) Any individual or group health maintenance contract that is issued, renewed or delivered within or without the Commonwealth and that provides benefits for outpatient prescription drugs or devices shall provide to residents of the Commonwealth and to persons having a principal place of employment within the Commonwealth coverage for all doula services as defined in Section XX.
(e) Nothing in this subsection shall be construed to deny or restrict in any way the division of insurance’s authority to ensure health maintenance contract compliance with this chapter.
SECTION 66. Sections 1 through 6 of this act shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, chapter 118E, chapter 175, chapter 176A, chapter 176B, and chapter 176G which are delivered, issued or renewed on or after September 1, 2024.
SECTION 67. Chapter 29 of the Massachusetts General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Doula Workforce Development Trust Fund, hereinafter called the fund. The fund shall be administered by the department of career services which shall contract with the Commonwealth Corporation to administer the fund. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources; and other gifts, grants and donations for the growth, training and continuous support of the doula workforce. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) The Commonwealth Corporation shall make expenditures from the fund for the purposes of:
(i) the development and expansion of comprehensive doula training available across the commonwealth. including the development of doula training focused on meeting the needs of MassHealth members;
(ii) ensuring that doulas committed to serving MassHealth members have access to high quality doula training at no- or low-cost to them;
(iii) the recruitment and retention of doulas from communities with high concentrations of MassHealth members, as well as areas within the commonwealth where maternal and infant outcomes are worse than the state average, as evidenced by the MA Department of Public Health’s perinatal data.
(iv) expanding doula mentoring opportunities across the state, which provide new doulas the opportunity to attend births and incentivize experienced practicing doulas to take on mentees.
(v) leveraging funds to secure future federal funding to support doula workforce development in the commonwealth.
(c) The director of career services shall annually, not later than December 31, report to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on labor and workforce development on the efforts undertaken in support of section (b) above; the number of doulas recruited and trained as a result of activities taken in support of (b) above, including but not limited to sex, gender identity, race, and ethnicity of such doulas; the amount of grants and identities of grantees awarded in support of section (b) above; and the availability of doula training at no- or low-cost to doulas committed to serving MassHealth members.
SECTION 68. Chapter 111 of the General Laws is hereby amended by inserting in section 70E after “Every patient or resident of a facility shall have the right:”:
(p) to have their birth doula’s continuous presence during labor and delivery. Facilities shall not place an undue burden on a patient’s doula’s access to clinical labor and delivery settings, and shall not arbitrarily exclude a patient’s doula from such settings.
SECTION 69. Section 17C of chapter 32A of the General Laws, as most recently amended by section 8 of chapter 127 of the acts of 2022, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
SECTION 70. Said section 17C of said chapter 32A, as most recently amended by section 8 of chapter 127, is hereby further amended by adding the following sentence:-
The commission shall ensure plan compliance with this section.
SECTION 71. Section 10A of chapter 118E of the General Laws, as most recently amended by section 19 of chapter 127 of the acts of 2022, is hereby amended by adding the following paragraphs:-
Nothing in this section shall be construed to deny or restrict the division’s authority to ensure its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan are in compliance with this chapter.
The division shall ensure plan compliance with this chapter.
SECTION 72. Section 47F of chapter 175 of the General Laws, as most recently amended by section 22 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
SECTION 73. Said section 47F of said chapter 175, as recently amended by section 22 of chapter 127 of the acts of 2022, is hereby further amended by adding the following sentence:-
The commissioner shall ensure plan compliance with this section.
SECTION 74. Section 8H of chapter 176A of the General Laws, as most recently amended by section 26 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
SECTION 75. Said section 8H of said chapter 176A, as most recently amended by section 26 of chapter 127 of the acts of 2022, is hereby further amended by adding the following sentence:-
The commissioner shall ensure plan compliance with this section.
SECTION 76. Section 4H of chapter 176B of the General Laws, as most recently amended by section 29 of chapter 127 of the acts of 2022, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
SECTION 77. Said section 4H of said chapter 176B, as most recently amended by section 29 of chapter 127 of the acts of 2022, is hereby further amended by adding the following sentence:-
The commissioner shall ensure plan compliance with this section.
SECTION 78. Section 4I of chapter 176G of the General Laws, as most recently amended by section 31 of chapter 127 of the acts of 2022, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
Coverage provided under this section shall not be subject to any deductible, coinsurance, copayment or any other cost-sharing requirement; provided, however, that deductibles, coinsurance or copayments shall be required if the applicable plan is governed by the federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on deductibles, coinsurance or copayments for these services. Coverage offered under this section shall not impose unreasonable restrictions or delays in the coverage.
SECTION 79. Said section 4I of said chapter 176G, as most recently amended by section 31 of chapter 127 of the acts of 2022, is hereby amended by adding the following sentence:-
The commissioner shall ensure plan compliance with this section.
SECTION 80. Sections 1 to 11, inclusive, shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B and 176G of the General Laws that are delivered, issued or renewed 6 months from the effective date of this act.
SECTION 81. (A) There is hereby created in the department of job and family services the Massachusetts commission on fatherhood. The commission shall consist of the following members:
(1) (a) Four members of the house of representatives appointed by the speaker of the house, not more than two of whom are members of the same political party. Two of the members must be from legislative districts that include a county or part of a county that is among the one-third of counties in this state with the highest number per capita of households headed by females.
(b) Two members of the senate appointed by the president of the senate, each from a different political party. One of the members must be from a legislative district that includes a county or part of a county that is among the one-third of counties in this state with the highest number per capita of households headed by females.
(2) The governor, or the governor's designee;
(3) One representative of the judicial branch of government appointed by the chief justice of the supreme court;
(4) The directors of health, job and family services, rehabilitation and correction, and youth services and the superintendent of public instruction, or their designees;
(5) Two representative of the Massachusetts family and children first cabinet council created under section 121.37 of the Revised Code appointed by the chairperson of the council;
(6) Five representatives of the general public appointed by the governor. These members shall have extensive experience in issues related to fatherhood.
(B) The appointing authorities of the Massachusetts commission on fatherhood shall make initial appointments to the commission within thirty days after the effective date of this section. Of the initial appointments to the commission made pursuant to divisions (A)(3), (5), and (6) of this section, three of the members shall serve a term of one year and four shall serve a term of two years. Members so appointed subsequently shall serve two-year terms. A member appointed pursuant to division (A)(I) of this section shall serve on the commission until the end of the general assembly from which the member was appointed or until the member ceases to serve in the chamber of the general assembly in which the member serves at the time of appointment, whichever occurs first. The governor or the governor's designee shall serve on the commission until the governor ceases to be governor. The directors and superintendent or their designees shall serve on the commission until they cease, or the director or superintendent a designee represents ceases, to be director or superintendent. Each member shall serve on the commission from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed.
Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall serve on the commission for the remainder of that term. A member shall continue to serve on the commission subsequent to the expiration date of the member's term until the member's successor is appointed or until a period of sixty days has elapsed, whichever occurs first. Members shall serve without compensation but shall be reimbursed for necessary expenses
SECTION 82. Chapter 32A of the General Laws, is hereby amended by inserting after section 30 the following section:-
Section 31. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the universal postpartum home visiting program administered by the department of public health. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible.
SECTION 83. Chapter 111 is hereby amended by adding after Section 243 the following section:-
Section 244. (a) For the purposes of this section, the following words shall have the following meanings:-
“Department”, the department of public health.
“Provider”, an entity or individual that provides universal postpartum home visiting services.
“Programs”, entities or providers qualified by the department of public health to provide universal postpartum home visiting services.
“Universal postpartum home visiting services”, evidence-based, voluntary home or community-based services for birthing people and caregivers with newborns, regardless of age, income, number of children, or other criteria. Services shall be delivered by a qualified health professional with maternal and child health training, as defined by the department of public health, during at least one visit in the family’s home or a mutually agreed upon location within eight weeks postpartum, and one follow-up visit no later than three months after the first visit. Services shall include, but not be limited to, screenings for unmet health needs including reproductive health services, maternal and infant nutritional needs, substance use, emotional health including postpartum depression personal safety/domestic violence; clinical assessment of the birthing person and infant; brief intervention; education and support; referrals to community resources, such as breastfeeding supports; and follow up phone calls.
(b) The department shall establish and administer a statewide system of programs providing universal postpartum home visiting services. The department shall be the lead agency for the coordination of all government funding, both state and federal, for such programs. The department may contract with agencies, individuals or groups for the provision of such services, subject to appropriation. The department shall begin implementation of the universal newborn nurse home visiting program first in those communities with the greatest inequities in maternal health outcomes, as identified by the department. The department shall scale up the program to achieve universal, statewide access within six years of the passage of this act.
(c) In designing the program designed in subsection (b) of this section, the department shall consult, coordinate, and collaborate, as necessary, with insurers that offer health benefit plans in the commonwealth, MassHealth officials, hospitals, local public health departments, birthing centers, existing early childhood home visiting programs, community-based organizations, and social service providers.
(d) A provider of universal postpartum home visiting services shall determine whether any recipient for whom it provides said services are or may be eligible for coverage of said services through an alternative source. The department is the payer of last resort, and a provider shall request payment for services it provides from third-party payers pursuant to chapters 32A, 118E, 175, 176A, 176B, or 176G of the General Laws, before payment is requested from the department.
(e) The department shall collect and analyze data generated by the program to monitor and assess the effectiveness of universal postpartum home visiting services. The department shall work with other state agencies to develop protocols for sharing data, including the timely sharing of data with primary care providers of care to the families with newborns receiving the services. Programs which are in receipt of state or federal funding for said services shall report such information as requested by the department for the purpose of monitoring, assessing the effectiveness of such programs, initiating quality improvement, and reducing health disparities.
SECTION 84. Chapter 118E of the General Laws, is hereby amended by inserting after section 10N the following section:-
Section 10O. The division and its contracted managed care organizations, accountable care organizations, health plans, integrated care organizations, third-party administrators, or other entities contracting with the division to administer benefits, shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing.
SECTION 85. Chapter 175 of the General Laws, is hereby amended by inserting after section 47PP the following section:-
Section 47QQ. An individual policy of accident and sickness insurance issued pursuant to section 108 that provides hospital expense and surgical expense insurance or a group blanket or general policy of accident and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical expense insurance that is issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 86. Chapter 176A of the General Laws, is hereby amended by inserting after section 8KK the following section:-
Section 8LL. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth
shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 87. Chapter 176B of the General Laws, is hereby amended by inserting after section 4KK the following section:-
Section 4LL. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 88. Chapter 176G of the General Laws, is hereby amended by inserting after section 4KK the following section:-
Section 4LL. Any individual or group health maintenance contract that is issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 89. Chapter 32A of the General Laws, is hereby amended by inserting after section 30 the following section:-
Section 31. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the universal postpartum home visiting program administered by the department of public health. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible.
SECTION 90. Chapter 111 is hereby amended by adding after Section 243 the following section:-
Section 244. (a) For the purposes of this section, the following words shall have the following meanings:-
“Department”, the department of public health.
“Provider”, an entity or individual that provides universal postpartum home visiting services.
“Programs”, entities or providers qualified by the department of public health to provide universal postpartum home visiting services.
“Universal postpartum home visiting services”, evidence-based, voluntary home or community-based services for birthing people and caregivers with newborns, regardless of age, income, number of children, or other criteria. Services shall be delivered by a qualified health professional with maternal and child health training, as defined by the department of public health, during at least one visit in the family’s home or a mutually agreed upon location within eight weeks postpartum, and one follow-up visit no later than three months after the first visit. Services shall include, but not be limited to, screenings for unmet health needs including reproductive health services, maternal and infant nutritional needs, substance use, emotional health including postpartum depression personal safety/domestic violence; clinical assessment of the birthing person and infant; brief intervention; education and support; referrals to community resources, such as breastfeeding supports; and follow up phone calls.
(b) The department shall establish and administer a statewide system of programs providing universal postpartum home visiting services. The department shall be the lead agency for the coordination of all government funding, both state and federal, for such programs. The department may contract with agencies, individuals or groups for the provision of such services, subject to appropriation. The department shall begin implementation of the universal newborn nurse home visiting program first in those communities with the greatest inequities in maternal health outcomes, as identified by the department. The department shall scale up the program to achieve universal, statewide access within six years of the passage of this act.
(c) In designing the program designed in subsection (b) of this section, the department shall consult, coordinate, and collaborate, as necessary, with insurers that offer health
benefit plans in the commonwealth, MassHealth officials, hospitals, local public health departments, birthing centers, existing early childhood home visiting programs, community-based organizations, and social service providers.
(d) A provider of universal postpartum home visiting services shall determine whether any recipient for whom it provides said services are or may be eligible for coverage of said services through an alternative source. The department is the payer of last resort, and a provider shall request payment for services it provides from third-party payers pursuant to chapters 32A, 118E, 175, 176A, 176B, or 176G of the General Laws, before payment is requested from the department.
(e) The department shall collect and analyze data generated by the program to monitor and assess the effectiveness of universal postpartum home visiting services. The department shall work with other state agencies to develop protocols for sharing data, including the timely sharing of data with primary care providers of care to the families with newborns receiving the services. Programs which are in receipt of state or federal funding for said services shall report such information as requested by the department for the purpose of monitoring, assessing the effectiveness of such programs, initiating quality improvement, and reducing health disparities.
SECTION 91. Chapter 118E of the General Laws, is hereby amended by inserting after section 10N the following section:-
Section 10O. The division and its contracted managed care organizations, accountable care organizations, health plans, integrated care organizations, third-party administrators, or other entities contracting with the division to administer benefits, shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing.
SECTION 92. Chapter 175 of the General Laws, is hereby amended by inserting after section 47PP the following section:-
Section 47QQ. An individual policy of accident and sickness insurance issued pursuant to section 108 that provides hospital expense and surgical expense insurance or a group blanket or general policy of accident and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical expense insurance that is issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 93. Chapter 176A of the General Laws, is hereby amended by inserting after section 8KK the following section:-
Section 8LL. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth
shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 94. Chapter 176B of the General Laws, is hereby amended by inserting after section 4KK the following section:-
Section 4LL. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 95. Chapter 176G of the General Laws, is hereby amended by inserting after section 4KK the following section:-
Section 4LL. Any individual or group health maintenance contract that is issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 96. Only free-standing and hospital-affiliated birth centers licensed pursuant to 105 CMR 140.000 and 105 CMR 142.000 shall use the terms birth center or birthing center in their clinic's name.
SECTION 97. (a) In General.—Beginning on the date that is 6 months after the date of enactment of this Act, and annually thereafter, in each State that receives a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) (commonly referred to as the “Edward Byrne Memorial Justice Grant Program”) and that does not have in effect throughout the State for such fiscal year laws restricting the use of restraints on pregnant individuals in prison that are substantially similar to the rights, procedures, requirements, effects, and penalties set forth in section 4322 of title 18, United States Code, the amount of such grant that would otherwise be allocated to such State under such subpart for the fiscal year shall be decreased by 25 percent.
(b) Reallocation.—Amounts not allocated to a State for failure to comply with subsection (a) shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) to States that have complied with such subsection.
SECTION 98. (a) In General.—Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Bureau of Prisons, shall establish, in not fewer than 6 Bureau of Prisons facilities, programs to optimize maternal health outcomes for pregnant and postpartum individuals incarcerated in such facilities. The Attorney General shall establish such programs in consultation with stakeholders such as—
(1) relevant community-based organizations, particularly organizations that represent incarcerated and formerly incarcerated individuals and organizations that seek to improve maternal health outcomes for pregnant and postpartum individuals from racial and ethnic minority groups;
(2) relevant organizations representing patients, with a particular focus on patients from racial and ethnic minority groups;
(3) organizations representing maternity care providers and maternal health care education programs;
(4) perinatal health workers; and
(5) researchers and policy experts in fields related to maternal health care for incarcerated individuals.
(b) Start Date.—Each selected facility shall begin facility programs not later than 18 months after the date of enactment of this Act.
(c) Facility Priority.—In carrying out subsection (a), the Director shall give priority to a facility based on—
(1) the number of pregnant and postpartum individuals incarcerated in such facility and, among such individuals, the number of pregnant and postpartum individuals from racial and ethnic minority groups; and
(2) the extent to which the leaders of such facility have demonstrated a commitment to developing exemplary programs for pregnant and postpartum individuals incarcerated in such facility.
(d) Program Duration.—The programs established under this section shall be for a 5-year period.
(e) Programs.—Bureau of Prisons facilities selected by the Director shall establish programs for pregnant and postpartum incarcerated individuals, and such programs may—
(1) provide access to perinatal health workers from pregnancy through the postpartum period;
(2) provide access to healthy foods and counseling on nutrition, recommended activity levels, and safety measures throughout pregnancy;
(3) train correctional officers to ensure that pregnant incarcerated individuals receive safe and respectful treatment;
(4) train medical personnel to ensure that pregnant incarcerated individuals receive trauma-informed, culturally congruent care that promotes the health and safety of the pregnant individuals;
(5) provide counseling and treatment for individuals who have suffered from—
(A) diagnosed mental or behavioral health conditions, including trauma and substance use disorders;
(B) trauma or violence, including domestic violence;
(C) human immunodeficiency virus;
(D) sexual abuse;
(E) pregnancy or infant loss; or
(F) chronic conditions;
(6) provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy;
(7) provide clinical education opportunities to maternity care providers in training to expand pathways into maternal health care careers serving incarcerated individuals;
(8) offer opportunities for postpartum individuals to maintain contact with the individual’s newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, or breastfeeding support;
(9) provide reentry assistance, particularly to—
(A) ensure access to health insurance coverage and transfer of health records to community providers if an incarcerated individual exits the criminal justice system during such individual’s pregnancy or in the postpartum period; and
(B) connect individuals exiting the criminal justice system during pregnancy or in the postpartum period to community-based resources, such as referrals to health care providers, substance use disorder treatments, and social services that address social determinants maternal of health; or
(10) establish partnerships with local public entities, private community entities, community-based organizations, Indian Tribes and tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), and urban Indian organizations (as such term is defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) to establish or expand pretrial diversion programs as an alternative to incarceration for pregnant and postpartum individuals. Such programs may include—
(A) evidence-based childbirth education or parenting classes;
(B) prenatal health coordination;
(C) family and individual counseling;
(D) evidence-based screenings, education, and, as needed, treatment for mental and behavioral health conditions, including drug and alcohol treatments;
(E) family case management services;
(F) domestic violence education and prevention;
(G) physical and sexual abuse counseling; and
(H) programs to address social determinants of health such as employment, housing, education, transportation, and nutrition.
(f) Implementation And Reporting.—A selected facility shall be responsible for—
(1) implementing programs, which may include the programs described in subsection (e); and
(2) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, reporting results of the programs to the Director, including information describing—
(A) relevant quantitative indicators of success in improving the standard of care and health outcomes for pregnant and postpartum incarcerated individuals in the facility, including data stratified by race, ethnicity, sex, gender, age, geography, disability status, the category of the criminal charge against such individual, rates of pregnancy-related deaths, pregnancy-associated deaths, cases of infant mortality and morbidity, rates of preterm births and low-birthweight births, cases of severe maternal morbidity, cases of violence against pregnant or postpartum individuals, diagnoses of maternal mental or behavioral health conditions, and other such information as appropriate;
(B) relevant qualitative and quantitative evaluations from pregnant and postpartum incarcerated individuals who participated in such programs, including measures of patient-reported experience of care; and
(C) strategies to sustain such programs after fiscal year 2026 and expand such programs to other facilities.
(g) Report.—Not later than 6 years after the date of enactment of this Act, the Director shall submit to the Attorney General and to the Congress a report describing the results of the programs funded under this section.
(h) Oversight.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall award a contract to an independent organization or independent organizations to conduct oversight of the programs described in subsection (e).
(i) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.
SECTION 99. (a) Establishment.—Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Bureau of Justice Assistance, shall award Justice for Incarcerated Moms grants to States to establish or expand programs in State and local prisons and jails for pregnant and postpartum incarcerated individuals. The Attorney General shall award such grants in consultation with stakeholders such as—
(1) relevant community-based organizations, particularly organizations that represent incarcerated and formerly incarcerated individuals and organizations that seek to improve maternal health outcomes for pregnant and postpartum individuals from racial and ethnic minority groups;
(2) relevant organizations representing patients, with a particular focus on patients from racial and ethnic minority groups;
(3) organizations representing maternity care providers and maternal health care education programs;
(4) perinatal health workers; and
(5) researchers and policy experts in fields related to maternal health care for incarcerated individuals.
(b) Applications.—Each applicant for a grant under this section shall submit to the Director of the Bureau of Justice Assistance an application at such time, in such manner, and containing such information as the Director may require.
(c) Use Of Funds.—A State that is awarded a grant under this section shall use such grant to establish or expand programs for pregnant and postpartum incarcerated individuals, and such programs may—
(1) provide access to perinatal health workers from pregnancy through the postpartum period;
(2) provide access to healthy foods and counseling on nutrition, recommended activity levels, and safety measures throughout pregnancy;
(3) train correctional officers to ensure that pregnant incarcerated individuals receive safe and respectful treatment;
(4) train medical personnel to ensure that pregnant incarcerated individuals receive trauma-informed, culturally congruent care that promotes the health and safety of the pregnant individuals;
(5) provide counseling and treatment for individuals who have suffered from—
(A) diagnosed mental or behavioral health conditions, including trauma and substance use disorders;
(B) trauma or violence, including domestic violence;
(C) human immunodeficiency virus;
(D) sexual abuse;
(E) pregnancy or infant loss; or
(F) chronic conditions;
(6) provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy;
(7) provide clinical education opportunities to maternity care providers in training to expand pathways into maternal health care careers serving incarcerated individuals;
(8) offer opportunities for postpartum individuals to maintain contact with the individual’s newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, or breastfeeding support;
(9) provide reentry assistance, particularly to—
(A) ensure access to health insurance coverage and transfer of health records to community providers if an incarcerated individual exits the criminal justice system during such individual’s pregnancy or in the postpartum period; and
(B) connect individuals exiting the criminal justice system during pregnancy or in the postpartum period to community-based resources, such as referrals to health care providers, substance use disorder treatments, and social services that address social determinants of maternal health; or
(10) establish partnerships with local public entities, private community entities, community-based organizations, Indian Tribes and tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), and urban Indian organizations (as such term is defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) to establish or expand pretrial diversion programs as an alternative to incarceration for pregnant and postpartum individuals. Such programs may include—
(A) evidence-based childbirth education or parenting classes;
(B) prenatal health coordination;
(C) family and individual counseling;
(D) evidence-based screenings, education, and, as needed, treatment for mental and behavioral health conditions, including drug and alcohol treatments;
(E) family case management services;
(F) domestic violence education and prevention;
(G) physical and sexual abuse counseling; and
(H) programs to address social determinants of health such as employment, housing, education, transportation, and nutrition.
(d) Priority.—In awarding grants under this section, the Director of the Bureau of Justice Assistance shall give priority to applicants based on—
(1) the number of pregnant and postpartum individuals incarcerated in the State and, among such individuals, the number of pregnant and postpartum individuals from racial and ethnic minority groups; and
(2) the extent to which the State has demonstrated a commitment to developing exemplary programs for pregnant and postpartum individuals incarcerated in the prisons and jails in the State.
(e) Grant Duration.—A grant awarded under this section shall be for a 5-year period.
(f) Implementing And Reporting.—A State that receives a grant under this section shall be responsible for—
(1) implementing the program funded by the grant; and
(2) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, reporting results of such program to the Attorney General, including information describing—
(A) relevant quantitative indicators of the program’s success in improving the standard of care and health outcomes for pregnant and postpartum incarcerated individuals in the facility, including data stratified by race, ethnicity, sex, gender, age, geography, disability status, category of the criminal charge against such individual, incidence rates of pregnancy-related deaths, pregnancy-associated deaths, cases of infant mortality and morbidity, rates of preterm births and low-birthweight births, cases of severe maternal morbidity, cases of violence against pregnant or postpartum individuals, diagnoses of maternal mental or behavioral health conditions, and other such information as appropriate;
(B) relevant qualitative and quantitative evaluations from pregnant and postpartum incarcerated individuals who participated in such programs, including measures of patient-reported experience of care; and
(C) strategies to sustain such programs beyond the duration of the grant and expand such programs to other facilities.
(g) Report.—Not later than 6 years after the date of enactment of this Act, the Attorney General shall submit to the Congress a report describing the results of such grant programs.
(h) Oversight.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall award a contract to an independent organization or independent organizations to conduct oversight of the programs described in subsection (c).
(i) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.
SECTION 100. (a) In General.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on adverse maternal and infant health outcomes among incarcerated individuals and infants born to such individuals, with a particular focus on racial and ethnic disparities in maternal and infant health outcomes for incarcerated individuals.
(b) Contents Of Report.—The report described in this section shall include—
(1) to the extent practicable—
(A) the number of pregnant individuals who are incarcerated in Bureau of Prisons facilities;
(B) the number of incarcerated individuals, including those incarcerated in Federal, State, and local correctional facilities, who have experienced a pregnancy-related death, pregnancy-associated death, or the death of an infant in the most recent 10 years of available data;
(C) the number of cases of severe maternal morbidity among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities, in the most recent 10 years of available data;
(D) the number of preterm and low-birthweight births of infants born to incarcerated individuals, including those incarcerated in Federal, State, and local correctional facilities, in the most recent 10 years of available data; and
(E) statistics on the racial and ethnic disparities in maternal and infant health outcomes and severe maternal morbidity rates among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities;
(2) in the case that the Comptroller General of the United States is unable determine the information required in subparagraphs (A) through (C) of paragraph (1), an assessment of the barriers to determining such information and recommendations for improvements in tracking maternal health outcomes among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities;
(3) causes of adverse maternal health outcomes that are unique to incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities;
(4) causes of adverse maternal health outcomes and severe maternal morbidity that are unique to incarcerated individuals from racial and ethnic minority groups;
(5) recommendations to reduce maternal mortality and severe maternal morbidity among incarcerated individuals and to address racial and ethnic disparities in maternal health outcomes for incarcerated individuals in Bureau of Prisons facilities and State and local prisons and jails; and
(6) such other information as may be appropriate to reduce the occurrence of adverse maternal health outcomes among incarcerated individuals and to address racial and ethnic disparities in maternal health outcomes for such individuals.
SECTION 101. (a) In General.—Not later than 2 years after the date of enactment of this Act, the Medicaid and CHIP Payment and Access Commission (referred to in this section as “MACPAC”) shall publish a report on the implications of pregnant and postpartum incarcerated individuals being ineligible for medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that contains the information described in subsection.
(b) Information Described.—For purposes of subsection (a), the information described in this subsection includes—
(1) information on the effect of ineligibility for medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) on maternal health outcomes for pregnant and postpartum incarcerated individuals, concentrating on the effects of such ineligibility for pregnant and postpartum individuals from racial and ethnic minority groups; and
(2) the potential implications on maternal health outcomes resulting from suspending eligibility for medical assistance under a State plan under such title of such Act when a pregnant or postpartum individual is incarcerated.
SECTION 102. In this title, the following definitions apply:
(1) ADVERSE MATERNAL AND INFANT HEALTH OUTCOMES.—The term “adverse maternal and infant health outcomes” includes the outcomes of preterm birth, low birth weight, stillbirth, infant or maternal mortality, and severe maternal morbidity.
(2) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) MINORITY-SERVING INSTITUTION.—The term “minority-serving institution” means an entity specified in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(4) RACIAL AND ETHNIC MINORITY GROUP.—The term “racial and ethnic minority group” has the meaning given such term in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u–6(g)).
(5) RISKS ASSOCIATED WITH CLIMATE CHANGE.—The term “risks associated with climate change” includes risks associated with extreme heat, air pollution, extreme weather events, and other environmental issues associated with climate change that can result in adverse maternal and infant health outcomes.
(6) STAKEHOLDER ORGANIZATION.—The term “stakeholder organization” means—
(A) a community-based organization with expertise in providing assistance to vulnerable individuals;
(B) a nonprofit organization with expertise in maternal or infant health or environmental justice; and
(C) a patient advocacy organization representing vulnerable individuals.
(7) VULNERABLE INDIVIDUAL.—The term “vulnerable individual” means—
(A) an individual who is pregnant;
(B) an individual who was pregnant during any portion of the preceding 1-year period; and
(C) an individual under 3 years of age.
SECTION 103. (a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a grant program (in this section referred to as the “Program”) to protect vulnerable individuals from risks associated with climate change.
(b) Grant Authority.—In carrying out the Program, the Secretary may award, on a competitive basis, grants to 10 covered entities.
(c) Applications.—To be eligible for a grant under the Program, a covered entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, which shall include, at a minimum, a description of the following:
(1) Plans for the use of grant funds awarded under the Program and how patients and stakeholder organizations were involved in the development of such plans.
(2) How such grant funds will be targeted to geographic areas that have disproportionately high levels of risks associated with climate change for vulnerable individuals.
(3) How such grant funds will be used to address racial and ethnic disparities in—
(A) adverse maternal and infant health outcomes; and
(B) exposure to risks associated with climate change for vulnerable individuals.
(4) Strategies to prevent an initiative assisted with such grant funds from causing—
(A) adverse environmental impacts;
(B) displacement of residents and businesses;
(C) rent and housing price increases; or
(D) disproportionate adverse impacts on racial and ethnic minority groups and other underserved populations.
(d) Selection Of Grant Recipients.—
(1) TIMING.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall select the recipients of grants under the Program.
(2) CONSULTATION.—In selecting covered entities for grants under the Program, the Secretary shall consult with—
(A) representatives of stakeholder organizations;
(B) the Administrator of the Environmental Protection Agency;
(C) the Administrator of the National Oceanic and Atmospheric Administration; and
(D) from the Department of Health and Human Services—
(i) the Deputy Assistant Secretary for Minority Health;
(ii) the Administrator of the Centers for Medicare & Medicaid Services;
(iii) the Administrator of the Health Resources and Services Administration;
(iv) the Director of the National Institutes of Health; and
(v) the Director of the Centers for Disease Control and Prevention.
(3) PRIORITY.—In selecting a covered entity to be awarded a grant under the Program, the Secretary shall give priority to covered entities that serve a county—
(A) designated, or located in an area designated, as a nonattainment area pursuant to section 107 of the Clean Air Act (42 U.S.C. 7407) for any air pollutant for which air quality criteria have been issued under section 108(a) of such Act (42 U.S.C. 7408(a));
(B) with a level of vulnerability of moderate-to-high or higher, according to the Social Vulnerability Index of the Centers for Disease Control and Prevention; or
(C) with temperatures that pose a risk to human health, as determined by the Secretary, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Chair of the United States Global Change Research Program, based on the best available science.
(4) LIMITATION.—A recipient of grant funds under the Program may not use such grant funds to serve a county that is served by any other recipient of a grant under the Program.
(e) Use Of Funds.—A covered entity awarded grant funds under the Program may only use such grant funds for the following:
(1) Initiatives to identify risks associated with climate change for vulnerable individuals and to provide services and support to such individuals that address such risks, which may include—
(A) training for health care providers, doulas, and other employees in hospitals, birth centers, midwifery practices, and other health care practices that provide prenatal or labor and delivery services to vulnerable individuals on the identification of, and patient counseling relating to, risks associated with climate change for vulnerable individuals;
(B) hiring, training, or providing resources to community health workers and perinatal health workers who can help identify risks associated with climate change for vulnerable individuals, provide patient counseling about such risks, and carry out the distribution of relevant services and support;
(C) enhancing the monitoring of risks associated with climate change for vulnerable individuals, including by—
(i) collecting data on such risks in specific census tracts, neighborhoods, or other geographic areas; and
(ii) sharing such data with local health care providers, doulas, and other employees in hospitals, birth centers, midwifery practices, and other health care practices that provide prenatal or labor and delivery services to local vulnerable individuals; and
(D) providing vulnerable individuals—
(i) air conditioning units, residential weatherization support, filtration systems, household appliances, or related items;
(ii) direct financial assistance; and
(iii) services and support, including housing and transportation assistance, to prepare for or recover from extreme weather events, which may include floods, hurricanes, wildfires, droughts, and related events.
(2) Initiatives to mitigate levels of and exposure to risks associated with climate change for vulnerable individuals, which shall be based on the best available science and which may include initiatives to—
(A) develop, maintain, or expand urban or community forestry initiatives and tree canopy coverage initiatives;
(B) improve infrastructure, including buildings and paved surfaces;
(C) develop or improve community outreach networks to provide culturally and linguistically appropriate information and notifications about risks associated with climate change for vulnerable individuals; and
(D) provide enhanced services to racial and ethnic minority groups and other underserved populations.
(f) Length Of Award.—A grant under this section shall be disbursed over 4 fiscal years.
(g) Technical Assistance.—The Secretary shall provide technical assistance to a covered entity awarded a grant under the Program to support the development, implementation, and evaluation of activities funded with such grant.
(h) Reports To Secretary.—
(1) ANNUAL REPORT.—For each fiscal year during which a covered entity is disbursed grant funds under the Program, such covered entity shall submit to the Secretary a report that summarizes the activities carried out by such covered entity with such grant funds during such fiscal year, which shall include a description of the following:
(A) The involvement of stakeholder organizations in the implementation of initiatives assisted with such grant funds.
(B) Relevant health and environmental data, disaggregated, to the extent practicable, by race, ethnicity, gender, and pregnancy status.
(C) Qualitative feedback received from vulnerable individuals with respect to initiatives assisted with such grant funds.
(D) Criteria used in selecting the geographic areas assisted with such grant funds.
(E) Efforts to address racial and ethnic disparities in adverse maternal and infant health outcomes and in exposure to risks associated with climate change for vulnerable individuals.
(F) Any negative and unintended impacts of initiatives assisted with such grant funds, including—
(i) adverse environmental impacts;
(ii) displacement of residents and businesses;
(iii) rent and housing price increases; and
(iv) disproportionate adverse impacts on racial and ethnic minority groups and other underserved populations.
(G) How the covered entity will address and prevent any impacts described in subparagraph (F).
(2) PUBLICATION.—Not later than 30 days after the date on which a report is submitted under paragraph (1), the Secretary shall publish such report on a public website of the Department of Health and Human Services.
(i) Report To Congress.—Not later than the date that is 5 years after the date on which the Program is established, the Secretary shall submit to Congress and publish on a public website of the Department of Health and Human Services a report on the results of the Program, including the following:
(1) Summaries of the annual reports submitted under subsection (h).
(2) Evaluations of the initiatives assisted with grant funds under the Program.
(3) An assessment of the effectiveness of the Program in—
(A) identifying risks associated with climate change for vulnerable individuals;
(B) providing services and support to such individuals;
(C) mitigating levels of and exposure to such risks; and
(D) addressing racial and ethnic disparities in adverse maternal and infant health outcomes and in exposure to such risks.
(4) A description of how the Program could be expanded, including—
(A) monitoring efforts or data collection that would be required to identify areas with high levels of risks associated with climate change for vulnerable individuals;
(B) how such areas could be identified using the strategy developed under section 5; and
(C) recommendations for additional funding.
(j) Covered Entity Defined.—In this section, the term “covered entity” means a consortium of organizations serving a county that—
(1) shall include a community-based organization; and
(2) may include—
(A) another stakeholder organization;
(B) the government of such county;
(C) the governments of one or more municipalities within such county;
(D) a State or local public health department or emergency management agency;
(E) a local health care practice, which may include a licensed and accredited hospital, birth center, midwifery practice, or other health care practice that provides prenatal or labor and delivery services to vulnerable individuals;
(F) an Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
(G) an Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)); and
(H) an institution of higher education.
(k) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $100,000,000 for the period of fiscal years 2022 through 2025.
SECTION 104. (a) In General.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a grant program (in this section referred to as the “Program”) to provide funds to health profession schools to support the development and integration of education and training programs for identifying and addressing risks associated with climate change for vulnerable individuals.
(b) Grant Authority.—In carrying out the Program, the Secretary may award, on a competitive basis, grants to health profession schools.
(c) Application.—To be eligible for a grant under the Program, a health profession school shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, which shall include, at a minimum, a description of the following:
(1) How such health profession school will engage with vulnerable individuals, and stakeholder organizations representing such individuals, in developing and implementing the education and training programs supported by grant funds awarded under the Program.
(2) How such health profession school will ensure that such education and training programs will address racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for vulnerable individuals.
(d) Use Of Funds.—A health profession school awarded a grant under the Program shall use the grant funds to develop, and integrate into the curriculum and continuing education of such health profession school, education and training on each of the following:
(1) Identifying risks associated with climate change for vulnerable individuals and individuals with the intent to become pregnant.
(2) How risks associated with climate change affect vulnerable individuals and individuals with the intent to become pregnant.
(3) Racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for vulnerable individuals and individuals with the intent to become pregnant.
(4) Patient counseling and mitigation strategies relating to risks associated with climate change for vulnerable individuals.
(5) Relevant services and support for vulnerable individuals relating to risks associated with climate change and strategies for ensuring vulnerable individuals have access to such services and support.
(6) Implicit and explicit bias, racism, and discrimination.
(7) Related topics identified by such health profession school based on the engagement of such health profession school with vulnerable individuals and stakeholder organizations representing such individuals.
(e) Partnerships.—In carrying out activities with grant funds, a health profession school awarded a grant under the Program may partner with one or more of the following:
(1) A State or local public health department.
(2) A health care professional membership organization.
(3) A stakeholder organization.
(4) A health profession school.
(5) An institution of higher education.
(f) Reports To Secretary.—
(1) ANNUAL REPORT.—For each fiscal year during which a health profession school is disbursed grant funds under the Program, such health profession school shall submit to the Secretary a report that describes the activities carried out with such grant funds during such fiscal year.
(2) FINAL REPORT.—Not later than the date that is 1 year after the end of the last fiscal year during which a health profession school is disbursed grant funds under the Program, the health profession school shall submit to the Secretary a final report that summarizes the activities carried out with such grant funds.
(g) Report To Congress.—Not later than the date that is 6 years after the date on which the Program is established, the Secretary shall submit to Congress and publish on a public website of the Department of Health and Human Services a report that includes the following:
(1) A summary of the reports submitted under subsection (f).
(2) Recommendations to improve education and training programs at health profession schools with respect to identifying and addressing risks associated with climate change for vulnerable individuals.
(h) Health Profession School Defined.—In this section, the term “health profession school” means an accredited—
(1) medical school;
(2) school of nursing;
(3) midwifery program;
(4) physician assistant education program;
(5) teaching hospital;
(6) residency or fellowship program; or
(7) other school or program determined appropriate by the Secretary.
(i) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $5,000,000 for the period of fiscal years 2022 through 2025.
SECTION 105. (a) Establishment.—Not later than one year after the date of the enactment of this Act, the Director of the National Institutes of Health shall establish the Consortium on Birth and Climate Change Research (in this section referred to as the “Consortium”).
(b) Duties.—
(1) IN GENERAL.—The Consortium shall coordinate, across the institutes, centers, and offices of the National Institutes of Health, research on the risks associated with climate change for vulnerable individuals.
(2) REQUIRED ACTIVITIES.—In carrying out paragraph (1), the Consortium shall—
(A) establish research priorities, including by prioritizing research that—
(i) identifies the risks associated with climate change for vulnerable individuals with a particular focus on disparities in such risks among racial and ethnic minority groups and other underserved populations; and
(ii) identifies strategies to reduce levels of, and exposure to, such risks, with a particular focus on risks among racial and ethnic minority groups and other underserved populations;
(B) identify gaps in available data related to such risks;
(C) identify gaps in, and opportunities for, research collaborations;
(D) identify funding opportunities for community-based organizations and researchers from racially, ethnically, and geographically diverse backgrounds; and
(E) publish annual reports on the work and findings of the Consortium on a public website of the National Institutes of Health.
(c) Membership.—The Director shall appoint to the Consortium representatives of such institutes, centers, and offices of the National Institutes of Health as the Director considers appropriate, including, at a minimum, representatives of—
(1) the National Institute of Environmental Health Sciences;
(2) the National Institute on Minority Health and Health Disparities;
(3) the Eunice Kennedy Shriver National Institute of Child Health and Human Development;
(4) the National Institute of Nursing Research; and
(5) the Office of Research on Women’s Health.
(d) Chairperson.—The Chairperson of the Consortium shall be designated by the Director and selected from among the representatives appointed under subsection (c).
(e) Consultation.—In carrying out the duties described in subsection (b), the Consortium shall consult with—
(1) the heads of relevant Federal agencies, including—
(A) the Environmental Protection Agency;
(B) the National Oceanic and Atmospheric Administration;
(C) the Occupational Safety and Health Administration; and
(D) from the Department of Health and Human Services—
(i) the Office of Minority Health in the Office of the Secretary;
(ii) the Centers for Medicare & Medicaid Services;
(iii) the Health Resources and Services Administration;
(iv) the Centers for Disease Control and Prevention;
(v) the Indian Health Service; and
(vi) the Administration for Children and Families; and
(2) representatives of—
(A) stakeholder organizations;
(B) health care providers and professional membership organizations with expertise in maternal health or environmental justice;
(C) State and local public health departments;
(D) licensed and accredited hospitals, birth centers, midwifery practices, or other health care practices that provide prenatal or labor and delivery services to vulnerable individuals; and
(E) institutions of higher education, including such institutions that are minority-serving institutions or have expertise in maternal health or environmental justice.
SECTION 106. (a) In General.—The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop a strategy (in this section referred to as the “Strategy”) for designating areas that the Secretary determines to have a high risk of adverse maternal and infant health outcomes among vulnerable individuals as a result of risks associated with climate change.
(b) Strategy Requirements.—
(1) IN GENERAL.—In developing the Strategy, the Secretary shall establish a process to identify areas where vulnerable individuals are exposed to a high risk of adverse maternal and infant health outcomes as a result of risks associated with climate change in conjunction with other factors that can impact such health outcomes, including—
(A) the incidence of diseases associated with air pollution, extreme heat, and other environmental factors;
(B) the availability and accessibility of maternal and infant health care providers;
(C) English-language proficiency among women of reproductive age;
(D) the health insurance status of women of reproductive age;
(E) the number of women of reproductive age who are members of racial or ethnic groups with disproportionately high rates of adverse maternal and infant health outcomes;
(F) the socioeconomic status of women of reproductive age, including with respect to—
(i) poverty;
(ii) unemployment;
(iii) household income; and
(iv) educational attainment; and
(G) access to quality housing, transportation, and nutrition.
(2) RESOURCES.—In developing the Strategy, the Secretary shall identify, and incorporate a description of, the following:
(A) Existing mapping tools or Federal programs that identify—
(i) risks associated with climate change for vulnerable individuals; and
(ii) other factors that can influence maternal and infant health outcomes, including the factors described in paragraph (1).
(B) Environmental, health, socioeconomic, and demographic data relevant to identifying risks associated with climate change for vulnerable individuals.
(C) Existing monitoring networks that collect data described in subparagraph (B), and any gaps in such networks.
(D) Federal, State, and local stakeholders involved in maintaining monitoring networks identified under subparagraph (C), and how such stakeholders are coordinating their monitoring efforts.
(E) Additional monitoring networks, and enhancements to existing monitoring networks, that would be required to address gaps identified under subparagraph (C), including at the subcounty and census tract level.
(F) Funding amounts required to establish the monitoring networks identified under subparagraph (E) and recommendations for Federal, State, and local coordination with respect to such networks.
(G) Potential uses for data collected and generated as a result of the Strategy, including how such data may be used in determining recipients of grants under the program established by section 2 or other similar programs.
(H) Other information the Secretary considers relevant for the development of the Strategy.
(c) Coordination And Consultation.—In developing the Strategy, the Secretary shall—
(1) coordinate with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration; and
(2) consult with—
(A) stakeholder organizations;
(B) health care providers and professional membership organizations with expertise in maternal health or environmental justice;
(C) State and local public health departments;
(D) licensed and accredited hospitals, birth centers, midwifery practices, or other health care providers that provide prenatal or labor and delivery services to vulnerable individuals; and
(E) institutions of higher education, including such institutions that are minority-serving institutions or have expertise in maternal health or environmental justice.
(d) Notice And Comment.—At least 240 days before the date on which the Strategy is published in accordance with subsection (e), the Secretary shall provide—
(1) notice of the Strategy on a public website of the Department of Health and Human Services; and
(2) an opportunity for public comment of at least 90 days.
(e) Publication.—Not later than 18 months after the date of the enactment of this Act, the Secretary shall publish on a public website of the Department of Health and Human Services—
(1) the Strategy;
(2) the public comments received under subsection (d); and
(3) the responses of the Secretary to such public comments.
SECTION 107. Create a temporary or permanent birthing justice steering committee that closely resembles the 2020 Health Equity Task Force formed by the legislature to address the impact of Covid 19. The tenants of that task force include: The Birthing Justice task force shall include:
● 4 members appointed by the Senate President, not more than 2 shall be members of the Senate
● 4 members Speaker of the house, not more than
● 2 of whom shall be members of the House of
● Representatives
● 1 member appointed by the minority leader of
● the Senate
● 1 member appointed by the minority leader of the House of Representatives
● The chair of the Massachusetts Asian-American
● Legislative Caucus or a designee
● The chair of the Massachusetts Black and Latino
● Legislative Caucus or a designee
● 2 Co-chairs of the Birthing Justice taskforce and the MA Women’s Caucus
● 4 residents who are recommended that work in birthing and reproductive justice in the Commonwealth
● At least 2 members who have not been recommended by Senate President or Speaker that served in the 2021 Special Commission on Racial Inequities in Maternal Health
● Steering Committee membership shall reflect diverse representation in the commonwealth including, but not limited to, diverse cultures, races, ethnicities, languages, disabilities, gender identities, sexual orientations, geographic locations and ages.
● Appointees of the Senate President, Speaker of the House, Minority Leader of the Senate and Minority Leader of the House who are not members of the general court shall be knowledgeable in public health or healthcare. When making appointments, the Senate President, Speaker of the House, Minority Leader of the Senate and Minority Leader of the House shall give consideration to individuals who have experience addressing disparities in underserved or underrepresented populations based on culture, race, ethnicity, language, disability, gender identity, sexual orientation, geographic location and age or who work in the healthcare system with a diverse patient population. Two members of the task force shall be elected by a majority of the task force membership to serve as co-chairs; provided, however, that neither member shall be a member of the general court.
● The Steering Committee should consult with the Massachusetts Department of Public Health (MDPH) to inform its work. MDPH shall provide requested information to the task force whenever possible.
● The Steering Committee shall hold at least 2 public conversations to share and accept public testimony regarding the birthing justice omnibus bill.
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An Act to prevent death and disability from stroke
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S1416
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SD2106
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-05T15:58:43.1'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-05T15:58:43.1'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-01T15:24:08.19'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-02T15:33:30.81'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:25:39.8966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T08:25:44.3266667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T08:25:44.3266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T13:31:37.6633333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T11:09:52.2066667'}]
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1416) of Mark C. Montigny, Patrick M. O'Connor, Anne M. Gobi, Patricia D. Jehlen and other members of the Senate for legislation to prevent death and disability from stroke. Public Health.
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SECTION 1. Notwithstanding any general or special law to the contrary and not later than 180 days after the effective date of this act, the department of public health shall promulgate regulations that create: (i) a statewide standard pre-hospital care protocol related to the assessment, treatment and transport of stroke patients by emergency medical services providers to a hospital designated by the department to care for stroke patients; provided, however, that the protocol shall be based on national evidence-based guidelines for transport of stroke patients, consider transport that crosses state lines and include plans for the triage and transport of suspected stroke patients, including, but not limited to, those who may have an emergent large vessel occlusion, to an appropriate facility within a specified timeframe following the onset of symptoms and additional criteria to determine which level of care is the most appropriate destination; (ii) statewide criteria for designating hospitals in a tiered system, featuring advanced designations in addition to primary stroke services, to treat stroke patients based on patient acuity; provided, however, that the tiers shall be based on criteria from at least 1 nationally-recognized program and shall not permit self-designation; provided further, that in developing such criteria, the department shall consider: (A) designation models and criteria developed by the Joint Commission, DNV GL Healthcare USA, Inc. or another national certifying body recognized by the United States Centers for Medicare and Medicaid Services; (B) designation models and criteria adopted by other states and the differences in geography and health care resources of such other states; (C) the clinical and operational capability of a facility to provide stroke services, including emergency and ancillary stroke services; (D) limiting the routing of stroke patients to thrombectomy-capable facilities whenever a comprehensive stroke center is within a recommended timeframe to maximize technical competency and patient outcomes; and (E) procedures to suspend or revoke a facility’s designation if the department determines the facility is not in compliance with designation requirements and procedures to notify emergency medical services providers of any such suspension or revocation; and (iii) recommended national evidence-based quality and utilization measure sets for stroke care for use by the center for health information and analysis pursuant to section 14 of chapter 12C of the General Laws; provided, however, that the department shall consider measures in current use in national quality improvement programs including, but not limited to, the United States Centers for Medicare and Medicaid Services, the National Quality Forum, the Paul Coverdell National Acute Stroke Program or other nationally-recognized data platforms. The department shall develop said regulations in consultation with the expert stroke advisory taskforce established pursuant to section 51L of chapter 111.
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An Act ensuring access to a resident representative in long-term care facilities
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S1417
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SD2141
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:31:19.1'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:31:19.1'}]
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1417) of Mark C. Montigny for legislation to ensure access to a resident representative in long-term care facilities. Public Health.
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Notwithstanding any special or general law to the contrary, the department of public health shall promulgate regulations to define “resident representative” in accordance with federal law for purposes of providing standards and licensure requirements for long-term care facilities under chapter 111. The department shall require each licensed long-term care facility to notify each resident verbally and in writing that said resident has the right to choose a representative and that said representative is permitted to accompany the resident to care plan meetings and further support said resident in decision-making as it pertains to their care. The term “resident representative” shall include, but not be limited to, the following:
(1) An individual chosen by the resident to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;
(2) A person authorized by state or federal law (including but not limited to agents under power of attorney, representative payees, and other fiduciaries) to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;
(3) Legal representative, as used in section 712 of the Older Americans Act; or
(4) For residents adjudicated to lack capacity, the court-appointed guardian or conservator of a resident to give informed consent.
Nothing in this Act shall expand the scope of authority of any resident representative beyond that authority specifically authorized by the resident, federal law, or a court of competent jurisdiction.
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An Act to restore integrity in the marketing of pharmaceutical products and medical devices
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S1418
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SD2142
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:30:18.267'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:30:18.2666667'}]
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1418) of Mark C. Montigny for legislation to restore integrity in the marketing of pharmaceutical products and medical devices. Public Health.
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SECTION 1. Chapter 111N of the General Laws is hereby amended by striking sections 1 through 7 in their entirety and inserting in place thereof the following:
Section 1. As used in this chapter, the following words shall have the following meanings:-
“Department”, the department of public health.
“Education program”, a medical school, teaching hospital, or teaching health center licensed to operate in the commonwealth.
"Gift", a payment, entertainment, meals, travel, honorarium, subscription, advance, services or anything of value, unless consideration of equal or greater value is received and there is an explicit contract with specific deliverables which are not related to marketing and are restricted to medical or scientific issues. “Gift" shall not include anything of value received by inheritance, a gift received from a member of the health care practitioner’s immediate family or from a relative within the third degree of consanguinity of the health care practitioner or of the health care practitioner’s spouse or from the spouse of any such relative, or prescription drugs provided to a health care practitioner solely and exclusively for use by the health care practitioner’s patients.
“Health care practitioner” or “practitioner,” a person who prescribes prescription drugs for any person and is licensed to provide health care or a partnership or corporation made up of those persons or an officer, employee, agent or contractor of that person acting in the course and scope of employment, agency or contract related to or supportive of the provision of health care to individuals.
"Immediate family", a spouse and any dependent children residing in the reporting person's household.
“Medical device”, an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is: (1) recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them; (2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals; or (3) intended to affect the structure or any function of the body of man or other animals, and which does not achieve its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of its primary intended purposes.
"Person", a business, individual, corporation, union, association, firm, partnership, committee, or other organization or group of persons.
“Pharmaceutical or medical device manufacturer agent”, a pharmaceutical or medical device marketer or any other person who for compensation or reward does any act to promote, oppose or influence the prescribing of a particular prescription drug, medical device, or category of prescription drugs or medical devices. The term shall not include a licensed pharmacist, licensed physician or any other licensed health care practitioner with authority to prescribe prescription drugs who is acting within the ordinary scope of the practice for which he is licensed.
“Pharmaceutical or medical device manufacturing company”, any entity that participates in a commonwealth health care program and which is engaged in the production, preparation, propagation, compounding, conversion or processing of prescription drugs or medical devices either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling or distribution of prescription drugs. The term does not include a wholesale drug distributor licensed under section 36A of chapter 112 or a retail pharmacist registered under section 37 of chapter 112.
“Pharmaceutical or medical device marketer”, a person who, while employed by or under contract to represent a pharmaceutical or, medical device manufacturing company that participates in a commonwealth health care program, engages in detailing, promotional activities or other marketing of prescription drugs, or medical devices in the commonwealth to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, any other health care practitioner or any other person authorized to prescribe, dispense, or purchase prescription drugs. The term does not include a wholesale drug distributor licensed under section 36A of chapter 112, a representative of such a distributor who promotes or otherwise markets the services of the wholesale drug distributor in connection with a prescription drug, or a retail pharmacist registered under section 38 of chapter 112 if such person is not engaging in such practices under contract with a manufacturing company.
“Physician”, a person licensed to practice medicine by the board of medicine under section 2 of chapter 112 who prescribes prescription drugs for any person, or the physician’s employees or agents.
“Prescription drugs”, any and all drugs upon which the manufacturer or distributor has placed or is required by federal law and regulations to place the following or a comparable warning: “Caution federal law prohibits dispensing without prescription.”
Section 2. No pharmaceutical or medical device manufacturer agent shall knowingly and willfully offer or give to a health care practitioner, a member of a health care practitioner’s immediate family, a health care practitioner’s employee or agent, a health care facility, an employee or agent of a health care facility, an education program, or an employee or agent of an education program a gift of any value.
Nothing in the section shall prohibit the provision, distribution, dissemination, or receipt of peer reviewed academic, scientific or clinical information. Nothing in this section shall prohibit the purchase of advertising in peer reviewed academic, scientific or clinical journals.
Section 3. (a)(1) By July first of each year, every pharmaceutical or medical device manufacturing company shall disclose to the department the value, nature, purpose, and recipient of any fee, payment, subsidy, or other economic benefit not prohibited in section 2, which is provided by the company, directly or through its agents, to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, education program, health care practitioner or any other person in this commonwealth authorized to prescribe, dispense, or purchase prescription drugs or medical devices. Required disclosures under this section shall include, but are not limited to, any payments made for board memberships, research, or consulting services. For each expenditure, the company must also identify the recipient and the recipient’s address, credentials, institutional affiliation, and state board or DEA numbers.
(2) Each company subject to the provisions of this section also shall disclose to the department the name and address of the individual responsible for the company's compliance with the provisions of this section, or if this information has been previously reported, any changes to the name or address of the individual responsible for the company's compliance with the provisions of this section.
(3) Information disclosed pursuant to this section shall be accompanied by payment of a fee, to be set by the department, to pay the costs of administering these provisions.
(b)(1) Information submitted to the department of public health pursuant to this section shall be a public record except to the extent that it includes information that is protected by state or federal law as a trade secret.
(2) Notwithstanding any other provision of law, the identity of health care practitioners and other recipients of gifts, payments and materials required to be reported in this chapter shall not constitute confidential information or trade secrets protected under this section.
(3) The department shall make all disclosed data publicly available and easily searchable on its website.
(c) The department shall report to the attorney general any payment, entertainment, meals, travel, honorarium, subscription, advance, services or anything of value provided in violation of this chapter, including anything of value provided when consideration of equal or greater value was not received or anything of value provided that was not subject to an explicit contract with specific deliverables which were restricted to medical or scientific issues.
Section 4. The department, in consultation with the board of registration of pharmacy, and board of registration of medicine, shall promulgate regulations requiring the licensing of all pharmaceutical and medical device manufacturer agents. As a prerequisite to such licensing, pharmaceutical and medical device manufacturer agents shall complete such training as may be deemed appropriate by the department. As a prerequisite to the renewal of such license, pharmaceutical and medical device manufacturer agents shall complete continuing education as may be deemed appropriate by the department. The fee for such license shall be determined by the department, in conjunction with the board of registration in pharmacy and the board of registration in medicine at a rate sufficient to provide the administration and enforcement of this chapter. Revenue generated from this fee shall be divided in equal shares, 75 per cent to the department of public health and 25% to the office of attorney general, line item 0810-0000, for the administration of this chapter.
Section 5. This chapter shall be enforced by the attorney general, the district attorney with jurisdiction over a violation, or the department. A person who violates this chapter shall be punished by a fine of not less than $10,000 for each transaction, occurrence or event that violates this chapter.
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An Act to prevent undue influence on prescriber behavior
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S1419
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SD2143
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:29:38.97'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:29:38.97'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1419/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1419) of Mark C. Montigny for legislation to prevent undue influence on prescriber behavior. Public Health.
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SECTION 1. Section 1 of chapter 111N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting before the definition of “Person” the following definition:-
“Modest Meals and Refreshments,” food and/or drinks provided by or paid for by a pharmaceutical or medical device manufacturing company or agent to a health care practitioner, the cost of which does not exceed the allowance defined by the U.S. General Services Administration for the Massachusetts per diem localities. The allowable amounts for modest meals and refreshments shall be updated on an annual basis in accordance with the U.S. General Services Administration meal allowance rates.
SECTION 2. Clause (6) of the third paragraph of section 2 of said chapter 111N is hereby amended by adding after the word “regulation” the following words:- consistent with section 1 of this chapter. For the purposes of this section, presentations that occur in a manner conducive to informational communication shall prohibit the provision of and pharmaceutical or medical device manufacturing company payment for any form of alcoholic beverage. Meals and refreshments shall be provided within the context of the informational presentation, and shall not occur prior to or following the educational presentation. Presentations shall not occur in locations that are otherwise recreational in nature, including, but not limited to, resorts, sporting clubs, casinos or other vacation destinations.
SECTION 3. Section 2A of said chapter 111N is hereby amended by inserting, after clause (3), the following clauses:
(4) total amount spent on meals for such presentation;
(5) total amount spent on the venue for such presentation;
(6) a description of the content of such presentation;
(7) total number of prescriber attendees at such presentation;
(8) names of attendees present at such presentation;
(9) names and credentials of presenters at such presentation; and
(10) total amount spent on other items of economic value provided at such presentation.
SECTION 4. Subsection (1) of section 6 of said chapter 111N is hereby amended by adding the following sentence:- The department of public health shall collect receipts for all required reporting expenditures pursuant to this section and section 2A of this chapter.
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An Act relative to digital right to repair
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S142
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SD793
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:13:02.02'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:13:02.02'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T12:20:18.8866667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-09T14:31:23.2133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-10T09:19:40.01'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-14T10:13:33.7366667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-02-15T10:01:59.7'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T13:40:47.0433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T09:07:41.1933333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-17T11:02:43.1266667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-22T15:35:21.4'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-04T15:56:47.9833333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-06T11:57:47.9766667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:08:15.0966667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-06-15T15:52:23.65'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S142/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 142) of Michael D. Brady, Sal N. DiDomenico, Anne M. Gobi, Jack Patrick Lewis and other members of the General Court for legislation relative to digital right to repair. Consumer Protection and Professional Licensure.
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The General Laws are hereby amended by inserting after chapter 93K the following Chapter:-
Chapter 93L Portable Wireless Device Repair Act
Section 1. As used in this chapter, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
"Authorized repair provider” means, with respect to an manufacturer, an individual or business who is unaffiliated with the manufacturer and who has an arrangement with manufacturer under which the manufacturer grants to the individual or business a license to use a trade name, service mark, or other proprietary identifier for the purposes of offering the services of diagnosis, maintenance, or repair of portable wireless devices under the name of the manufacturer, or other arrangement with the manufacturer to offer such services on behalf of manufacturer. A manufacturer who offers the services of diagnosis, maintenance, or repair of portable wireless devices manufactured by it or on its behalf, or sold or otherwise supplied by it, and who does not do so exclusively through one or more arrangements as described in this subsection with an unaffiliated individual or business, shall be considered an authorized repair provider with respect to such equipment.
“Portable Wireless Device” means a product which includes a battery, microphone, speaker and display designed to send and receive transmissions through a cellular radiotelephone service.
"Documentation", means any manual, diagram, reporting output, service code description, schematic, security codes or passwords, or other information used in effecting the services of diagnosis, maintenance, or repair of portable wireless devices.
“Fair and reasonable terms”, for obtaining a part or tool or documentation means costs and terms that are equivalent to the most favorable costs and terms under which manufacturer offers the part, tool, or documentation to an authorized repair provider accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer offers to an authorized repair provider, or any additional cost, burden, or impediment the manufacturer imposes on an owner or independent repair provider. For documentation, including any relevant updates, “fair and reasonable terms” also means at no charge, except that, when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy.
"Independent repair provider" means, with respect to a manufacturer, an individual or business operating in the Commonwealth, who does not have an arrangement as an authorized repair provider with the manufacturer, and who is not affiliated with any individual or business who has such an arrangement with the manufacturer, when that individual or business is engaged in the services of diagnosis, maintenance, or repair of portable wireless devices. A manufacturer or, with respect to that manufacturer, an individual or business who has such an arrangement with that manufacturer, or who is affiliated with an individual or business who has such an arrangement with that manufacturer, shall be considered an independent repair provider when engaging in the services of diagnosis, maintenance, or repair of portable wireless devices that is not manufactured by or on behalf of, or sold or otherwise supplied by, that manufacturer.
"Manufacturer", means a business engaged in the business of selling, leasing, or otherwise supplying new portable wireless devices, or parts of equipment, manufactured by or on behalf of itself, to any individual or business.
"Owner", an individual or business who lawfully acquires a portable wireless device purchased or used in the Commonwealth.
“Part” means any replacement part, either new or used, made available by or to a manufacturer for purposes of effecting the services of maintenance or repair of portable wireless devices manufactured by or on behalf of, sold or otherwise supplied by the manufacturer.
“Tool” means any software program, hardware implement, or other apparatus used for diagnosis, maintenance, or repair of portable wireless devices, including software or other mechanisms that provision, program, or pair a part, calibrate functionality, or perform any other function required to bring the product back to fully functional condition.
"Trade secret" means anything tangible or intangible or electronically stored or kept which constitutes, represents, evidences, or records intellectual property including secret or confidentially held designs, processes, procedures, formulas, inventions or improvements, or secrets of confidentially held scientific, technical, merchandising, production, financial, business or management information, or anything within the definition in 18 U.S.C. 1839(3).
Section 2. Manufacturers of portable wireless devices, or parts for such equipment, manufactured by it or on its behalf, or sold or otherwise supplied by it in the Commonwealth, shall make available to owners of such devices and to independent repair providers, on fair and reasonable terms, documentation, parts, and tools, inclusive of any updates, for purposes of diagnosis, maintenance, or repair of such devices. Nothing in this subsection requires a manufacturer to make available a part that is no longer available to the manufacturer.
Section 3. Manufacturers that sell any diagnostic, service, or repair information to any independent repair provider or any other third-party provider in a format that is standardized with other manufacturers, and on terms and conditions more favorable than the manner and the terms and conditions pursuant to which an authorized repair provider obtains the same diagnostic, service, or repair information, shall be prohibited from requiring any authorized repair provider to continue purchasing diagnostic, service, or repair information in a proprietary format, unless such proprietary format includes diagnostic, service, repair, or dealership operations information or functionality that is not available in such standardized format.
Section 4. Nothing in this chapter shall be construed to require a manufacturer to divulge a trade secret, except as necessary to provide documentation, parts, and tools on fair and reasonable terms.
Section 5. Nothing in this chapter requires manufacturers or authorized repair providers to provide an owner or independent repair provider access to non-diagnostic and non-repair
information provided by a manufacturer to an authorized repair provider pursuant to the terms of an authorizing agreement.
Section 6.
(a) An independent repair provider or owner who believes that a manufacturer
has failed to provide documentation, parts, and tools for purposes of diagnosis, maintenance, or repair of portable wireless devices as required by this chapter shall notify the manufacturer in writing and give the manufacturer 30 days from the time the manufacturer receives the complaint to cure the failure. If the manufacturer cures such a complaint within the cure period, damages shall be limited to actual damages in any subsequent litigation.
(b) If the manufacturer fails to respond to the notice provided pursuant to subsection (a), or if an independent repair provider or owner is not satisfied with the manufacturer's cure, the independent repair provider or owner may file a complaint in superior court. The complaint shall include the following:
(1) written information confirming that the complainant has attempted to acquire and use, through the then available standard support function provided by the manufacturer, relevant documentation, parts, and tools, including communication with customer assistance via the manufacturer's then standard process, if made available by the manufacturer; and
(2) evidence of manufacturer notification as required by subsection (a).
Section 10. In addition to any other remedies that may be available, a violation of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice in the conduct of trade or commerce in violation of section 2 of chapter 93A.
Section 11. This Act applies with respect to equipment sold or in use on or after the effective date of this Act.
Section 12. This Act takes effect Jan. 1, 2024.
Section 13. Nothing in this chapter shall apply to a device approved by the United States Food and Drug Administration.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act expanding healthcare proxy access to medical records
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S1420
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SD2157
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T10:26:56.76'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T10:26:56.76'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1420/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1420) of Mark C. Montigny for legislation to expand health care proxy access to medical records. Public Health.
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SECTION 1. Section 5 of chapter 201D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end of the first paragraph the following sentence: - "An agent shall also have the authority to access a principal’s confidential medical records up to six months after the death of the principal unless a personal representative represents the estate of the principal."
; and by inserting after the third paragraph the following:-
"The agent shall also have the right to receive any and all medical information, including any and all confidential medical information that the principal would be entitled to receive, up to six months after the death of the principal unless a personal representative represents the estate of the principal."
SECTION 2. Section 6 of said chapter 201D, as so appearing, is hereby amended, in line 1, by inserting after the word “begin” the following words:- "either upon the death of the principal or"
SECTION 3. Section 7 of said chapter 201D, as so appearing, is hereby amended by striking out the third paragraph in its entirety and inserting in place thereof the following paragraph:- "A health care proxy shall also be revoked upon: (i) execution by the principal of a subsequent health care proxy; (ii) the divorce or legal separation of the principal and his spouse, where the spouse is the principal’s agent under a health care proxy; (iii) the expiration of six months after the death of the principal; or (iv) the appointment or assumption of representation of the principal’s estate by a personal representative."
SECTION 4. Section 17 of said chapter 201D, as so appearing, is hereby amended, in line 2, by inserting after the word “principal” the following words:- ", the personal representative of the principal’s estate"
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An Act to combat V.I.P. syndrome to protect health care integrity and quality
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S1421
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SD2169
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-10T15:12:37.683'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-10T15:12:37.6833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1421/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1421) of Mark C. Montigny for legislation to combat V.I.P. syndrome to protect health care integrity and quality. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 53H the following section:-
Section 53I. (a) Notwithstanding any general or special law to the contrary, no health care provider shall knowingly or intentionally violate department rules and regulations adopted under this chapter, at the direct request of a patient, authorized caregiver or other interested person. Any violation shall be documented and reported by the health care provider to the department within 72 hours. The department may impose penalties including, but not limited to, a fine of up to $5,000 per violation or complaint to the relevant board of registration. A health care provider who fails to report a violation, as so provided, may be subject to additional penalties up to $50,000 per violation.
(b) Notwithstanding any general or special law to the contrary, a health care provider shall not knowingly or intentionally designate, mark, label or confer any special status unrelated to medical diagnosis, treatment or care to a patient due to socio-economic status or direct relationship to the health care provider. The department may impose penalties including, but not limited to, a fine of up to $5,000 per violation or complaint to the relevant board of registration.
(c) A penalty assessed under this section shall not preclude the department from assessing fees for violations under this chapter.
(d) A health care provider reporting a violation pursuant to this section shall be afforded protection from retaliatory action in accordance with section 187 of chapter 149.
(e) The commissioner may promulgate regulations to enforce this section.
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