Mass. Gen. Laws ch. 111E, sec. 6 — MA Code / Part I / Title XVI / Chapter 111E / Section 6
Powers and duties of division
Status: in_force

Section 6. The division is hereby authorized, empowered and directed to: (1) Plan, construct, establish, cause to be established and maintain such facilities as may be necessary or desirable for the conduct of its program; (2) Acquire, hold and dispose of personal property; (3) Acquire by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, and lease, hold and dispose of, real property or any interest therein, for the establishment of facilities under the provisions of this chapter; provided, however, that no real property or any interest therein used in whole or in part for residential purposes may be so taken by eminent domain; (4) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers; including, but not limited to, contracts with public and private departments, agencies, and facilities to pay them for services actually rendered or furnished to drug dependent persons or persons in need of immediate assistance due to the use of a dependency related drug at rates to be established pursuant to chapter six A; provided, however, that the commissioner shall promulgate rules and regulations establishing the standards and procedures which shall govern such fee-for-service contracting, which standards and procedures shall include, but shall not be limited to, the proper operation of facilities, the need for fee-for-service contracting in the community, and the qualifications of the applicant; (5) Solicit and accept for use in relation to the purposes of this chapter any gift of money or property made by will or otherwise, and any grant or loan of money, services or property from the federal government, the commonwealth or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in connection with the application for such grant; provided, however, that any money received under this subsection shall be turned over to the state treasurer to be kept in a separate fund in the treasury; (6) Develop, encourage and foster statewide, regional and local plans and programs for the prevention and treatment of drug dependency in cooperation with interested public agencies and private organizations and individuals and provide technical assistance and consultation services for these purposes; (7) Coordinate the efforts and enlist the assistance of all public agencies and private organizations and individuals interested in the prevention and treatment of drug dependency; (8) Cooperate with the department of correction in establishing and conducting programs to provide treatment for drug dependent persons in penal institutions; (9) Cooperate with the department of education, schools, police departments, courts, and other public agencies and private organizations and individuals in establishing programs for the prevention and treatment of drug dependency and in preparing curriculum materials for use at all levels of public school education; (10) Prepare, publish and disseminate educational material dealing with the prevention, nature and effects of drug dependency and the benefits of rehabilitation; (11) Develop and implement, as an integral part of treatment programs established pursuant to this chapter an educational program for use in the treatment of drug dependent persons, especially drug dependent persons who are not drug addicts, which program shall include the dissemination of factual information concerning the nature and effects of dependency related drugs and drug dependency; (12) Organize and foster training programs for professional and nonprofessional workers in the treatment of drug dependent persons; (13) Keep records and engage in research and the gathering of statistics relevant to the purposes of this chapter; (14) Utilize the support and assistance of interested persons in the community, particularly rehabilitated drug dependent persons, in encouraging voluntary participation in the program by drug dependent persons and persons in need of immediate assistance due to the use of a dependency related drug; (15) Serve as a clearinghouse for information relating to drug dependency; (16) Approve and license public and private facilities in accordance with section forty-four; and (17) Do all other acts and things necessary or convenient to carry out the powers expressly granted to it for the exercise of its powers and the performance of its duties.

Section 6. The division is hereby authorized, empowered and directed to:

(1) Plan, construct, establish, cause to be established and maintain such facilities as may be necessary or desirable for the conduct of its program;

(2) Acquire, hold and dispose of personal property;

(3) Acquire by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, and lease, hold and dispose of, real property or any interest therein, for the establishment of facilities under the provisions of this chapter; provided, however, that no real property or any interest therein used in whole or in part for residential purposes may be so taken by eminent domain;

(4) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers; including, but not limited to, contracts with public and private departments, agencies, and facilities to pay them for services actually rendered or furnished to drug dependent persons or persons in need of immediate assistance due to the use of a dependency related drug at rates to be established pursuant to chapter six A; provided, however, that the commissioner shall promulgate rules and regulations establishing the standards and procedures which shall govern such fee-for-service contracting, which standards and procedures shall include, but shall not be limited to, the proper operation of facilities, the need for fee-for-service contracting in the community, and the qualifications of the applicant;

(5) Solicit and accept for use in relation to the purposes of this chapter any gift of money or property made by will or otherwise, and any grant or loan of money, services or property from the federal government, the commonwealth or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in connection with the application for such grant; provided, however, that any money received under this subsection shall be turned over to the state treasurer to be kept in a separate fund in the treasury;

(6) Develop, encourage and foster statewide, regional and local plans and programs for the prevention and treatment of drug dependency in cooperation with interested public agencies and private organizations and individuals and provide technical assistance and consultation services for these purposes;

(7) Coordinate the efforts and enlist the assistance of all public agencies and private organizations and individuals interested in the prevention and treatment of drug dependency;

(8) Cooperate with the department of correction in establishing and conducting programs to provide treatment for drug dependent persons in penal institutions;

(9) Cooperate with the department of education, schools, police departments, courts, and other public agencies and private organizations and individuals in establishing programs for the prevention and treatment of drug dependency and in preparing curriculum materials for use at all levels of public school education;

(10) Prepare, publish and disseminate educational material dealing with the prevention, nature and effects of drug dependency and the benefits of rehabilitation;

(11) Develop and implement, as an integral part of treatment programs established pursuant to this chapter an educational program for use in the treatment of drug dependent persons, especially drug dependent persons who are not drug addicts, which program shall include the dissemination of factual information concerning the nature and effects of dependency related drugs and drug dependency;

(12) Organize and foster training programs for professional and nonprofessional workers in the treatment of drug dependent persons;

(13) Keep records and engage in research and the gathering of statistics relevant to the purposes of this chapter;

(14) Utilize the support and assistance of interested persons in the community, particularly rehabilitated drug dependent persons, in encouraging voluntary participation in the program by drug dependent persons and persons in need of immediate assistance due to the use of a dependency related drug;

(15) Serve as a clearinghouse for information relating to drug dependency;

(16) Approve and license public and private facilities in accordance with section forty-four; and

(17) Do all other acts and things necessary or convenient to carry out the powers expressly granted to it for the exercise of its powers and the performance of its duties.