MA Gen L ch 10 § 35x (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 10 - Department of the State Treasurer|Section 35x - Quality in Health Professions Trust Fund

Section 35X. (a) There shall be established upon the books of the commonwealth a separate fund to be known as the Quality in Health Professions Trust Fund to be expended, without prior appropriation, by the department of public health. The fund shall consist of 50 per cent of the fee revenue collected in accordance with subsection (b) of this section or subsection (b) of section 35V by the various boards serving within the department under section 9 of chapter 13 excluding the board of registration in medicine. The fees shall be in addition to any existing fees collected for obtaining and renewing a license, certificate, registration, permit or authority as determined by the secretary of administration and finance under section 3B of chapter 7. The commissioner shall make necessary expenditures from this account for the shared administrative costs of the operations and programs of the department related to health board licensing. The commissioner shall further direct that funds from this account shall be expended to provide services in an amount reasonably related to the cost of each board's or unit's administrative and regulatory mandates with consideration to revenue generated from each board or unit. The department may incur expenses, and the comptroller may certify for payment, amounts in anticipation of expected receipts, but no expenditure shall be made from the fund that would cause the fund to be in deficit at the close of a fiscal year. Moneys deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund. The commissioner shall report annually on March 1 to the house and senate committees on ways and means: (i) the revenue credited to the fund; (ii) the amount of fund expenditures that are attributable to the shared administrative costs of the department related to health board licensing and an explanation of why such administrative costs are necessary; (iii) an itemized list of the amount of funds expended by board or unit; and (iv) an analysis of the services provided based on fund expenditures by board or unit, including the manner in which the fund expenditures assist the department in meeting its regulatory mandates related to health board licensing.  (b) Notwithstanding any general or special law to the contrary, the secretary of administration and finance, as directed by a majority vote of each board within the department of public health following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by the board by an amount not to exceed 50 per cent, rounded to the nearest dollar, of the fees in effect as of July 1, 1996 to be expended by the commissioner of public health pursuant subsection (a). A board of registration established subsequent to July 1, 1996 may vote to increase a fee based on the amount of the fee at the time of its original promulgation by the secretary of administration and finance. A board that has increased its fees pursuant to subsection (b) of section 35V shall not be required to increase fees pursuant to this subsection. The secretary shall promulgate regulations to effect the changes in fees not later than 45 days following a majority vote of each board.  (c) Notwithstanding any general or special law to the contrary, the secretary of administration and finance, following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health, excluding the board of registration in medicine, by an additional amount not to exceed 50 per cent, rounded to the nearest $1, of the fees in effect before the fee increases authorized pursuant to subsection (b); but the fees for any board that has not increased fees pursuant to said subsection (b) shall be increased by an amount not to exceed 100 per cent. All of this increase shall be deposited in the Quality in Health Professions Trust Fund.  (d) Notwithstanding any general or special law to the contrary, the total amount of any new fee and any increase in the fee in effect after the fee increases authorized pursuant to subsection (c) for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health, excluding the board of registration in medicine, adopted by the secretary of administration and finance, following a public hearing, shall be deposited in the fund.  (e) There shall be deposited into the fund any monetary penalties collected pursuant to section 42D of chapter 112. Monetary penalties collected shall be held separately and used by the commissioner in accordance with the requirements of said section 42D.