reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 184a - Certificates of Approval Relative to Bacteriological Laboratories; Rules and Regulations; Renewals; Fees

Section 184A. The department, at the request of any person owning or operating a bacteriological laboratory, may issue a certificate of approval of the performance at such laboratory of bacteriological or serological tests set forth in such certificate; provided, that no such certificate shall be granted hereunder except in accordance with such suitable and reasonable rules and regulations as the department shall establish; authority to establish, and from time to time to alter and amend, such rules and regulations being hereby granted to the department. Rules and regulations governing approval of such bacteriological laboratories made under authority hereof may include provisions relative to the location and equipment of such laboratories, the personal and professional qualifications of the personnel thereof, and the methods employed thereat. The department may from time to time submit to, or request from, any such laboratory such specimens for examination as it may deem necessary to determine whether or not such laboratory can properly perform such tests. Certificates of approval issued under authority hereof shall be valid for one year from their dates of issue and may be annually renewed. The fee for the issue, and for each annual renewal, of every such certificate shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven; provided, that no such fee shall be charged or collected on account of any such laboratory established and maintained by the commonwealth or by any political subdivision thereof. Any such certificate may be revoked by the department, after thirty days' notice to such laboratory and the opportunity to be heard by the department, if in its judgment the public interest so requires.
For the purposes of this section, a bacteriological laboratory is defined to be a place or establishment advertised, and maintained or purported to be maintained, in whole or in part, for the purpose of accepting for and subjecting to bacteriological or serological study or analysis, or both, specimens of blood, sputum, urine, feces or other fluids, secretions or excretions of the body of persons ill, or suspected of being ill, with a disease dangerous to the public health, or of the body of persons who are to serve as donors or recipients of blood or derivatives of blood.
The department is hereby further authorized to grant certificates of approval for laboratory tests upon milk, foods, eating utensils, water and sewage in accordance with such rules and regulations as the department may establish under the authority granted above. Only one certificate and one fee shall be required for all of the tests mentioned in this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 184b - Blood Banks

Section 184B. No blood bank, so-called, shall be established and maintained in the commonwealth except by a hospital licensed by the department under the provisions of section fifty-one. The American Red Cross, the Center for Blood Research, Inc., federal hospitals, and hospitals operated by the department of public health may establish and maintain a blood bank, provided that such blood bank is approved by the commissioner and the public health council as meeting all applicable regulations developed under the authority of this chapter.
Any violation of this section shall be punished by a fine of not more than five hundred dollars or the revocation of the right to establish and maintain a blood bank, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 184c - Donation of Blood by Minors

Section 184C. A minor 17 years of age or older may donate his blood without the prior assent thereto by his parent or guardian. A minor 16 to 17 years of age may donate his blood with the prior assent thereto of his parent or guardian.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 185 - Disinfecting Public Mutoscopes and Other Apparatus

Section 185. The proprietor or manager of any place of public amusement or other place where there are provided for public use and entertainment mutoscopes or any other machine or apparatus of such nature that the person using the same breathes or speaks into it, or, to see or hear, holds any part thereof in contact with or near to his eyes or ears, shall disinfect the same, in such manner as shall be approved by the board of health, at least twice during such hours, in every twenty-four hours, as the machine or apparatus is offered for use by the public. This section shall not apply to telephones.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 185a - Rules of Instruction, Test Cards and Other Appliances

Section 185A. The department of public health, after consultation with the department of education, shall prescribe and furnish to school committees suitable rules of instruction, test cards, blanks, record books and other useful appliances for accomplishing the purposes of sections fifty-three to fifty-seven, inclusive, of chapter seventy-one and may furnish said material to such boards of health as may require it in the performance of their duties. The department may provide for pupils in the teachers colleges instruction and practice in the best methods of testing the sight and hearing of children.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 186 - Public Use of Machines Requiring Application of Lips

Section 186. No person shall provide for public use or entertainment in any place of public amusement or other place of public resort any so-called lung testing machine or similar contrivance the use of which requires the application of any part thereof to the lips. Violations of this or the preceding section shall be punished by a fine of not more than twenty-five dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 186a - Shoe-Fitting Machines; Restrictions on Use; Penalty

Section 186A. No person shall operate or maintain a shoe-fitting device or machine which uses fluoroscopic, X–ray or radiation principles, except for diagnostic or therapeutic purposes by or under the direction of a physician or podiatrist registered under the laws of the commonwealth. Violations of this section shall be punished by a fine of not more than twenty-five dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 186b - Sale of ''flammable'' Fabric or Related Material to Be Used for Children's Sleepwear; Penalties

Section 186B. It shall be unlawful to sell or offer for sale any fabric or related material or finished piece of clothing which is designed to be used in the manufacture, or sold as items, of children's sleepwear up to and including size 14, when such fabric or related material or finished piece of clothing shall be defined as ''Flammable'' under the provisions of chapter ninety-four B. Whoever himself or by his servant or agent, violates any provision of this section shall, for the first offense, be punished by a fine of not less than fifty nor more than two hundred dollars; and, for the second or subsequent offense, by a fine of not less than two hundred nor more than one thousand dollars, or by imprisonment for not more than ninety days, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 187 - Enforcement of Chapter

Section 187. The supreme judicial or superior court, upon the application of the board of health of a town, may enforce the orders of said board relative to public health. Sections eleven and twelve of chapter two hundred and fourteen shall apply to such cases; but a jury may be summoned under said sections, if there is no sitting of the court, within one month after issues have been framed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 188 - Disposition of Fines and Forfeitures

Section 188. Fines and forfeitures incurred under the general laws, the special laws applicable to a town, or the ordinances, by-laws and regulations of a town, relative to health, shall enure to the use of such town except where the forfeiture is incurred by said town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 189a - Definitions Applicable to Secs. 189a to 199b

Section 189A. For the purposes of this section and sections one hundred and ninety to one hundred and ninety-nine B, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:—
''Abatement'', the removal and replacement of paint, plaster or other accessible structural material containing dangerous levels of lead.
''Advisory committee'', the committee established in section one hundred and ninety.
''Child-occupied facility'', a building or portion thereof constructed before 1978 and visited regularly by the same child, under 6 years of age, on at least 2 different days within a week if each day's visit lasts at least 3 hours, the combined weekly visits last at least 6 hours and the combined annual visits last at least 60 hours, and shall include but not be limited to, day care centers, preschools and kindergarten classrooms; provided, however, that child-occupied facilities may be located in residential premises or in public or commercial buildings.
''Commissioner'', the commissioner of public health.
''Containment'', the encapsulation, covering or enclosing by means authorized by the director, of paint, plaster or other accessible structural material containing dangerous levels of lead.
''Department'', the department of public health.
''Director'', the lead poisoning control director provided for in section one hundred and ninety.
''Owner'', any person who alone or jointly or severally with others (i) has legal title to any premises; (ii) has charge or control of any premises as an agent who has authority to expend money for compliance with the state sanitary code, executor, administrator, trustee or guardian of the estate or the holder of legal title; (iii) is an estate or trust of which such premises is a part, or the grantor or beneficiary of such an estate or trust; or (iv) is the association of unit owners of a condominium or cooperative, which shall be considered an owner solely with respect to common areas and exterior surfaces and fixtures of such condominium or cooperative; provided, however, that the term ''owner'' shall not include a secured lender except to the extent provided in section one hundred and ninety-seven D.
''Premises'', any residential premises, dwelling unit or residential property constructed prior to nineteen hundred and seventy-eight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 190 - Program for the Prevention, Screening, Diagnosis and Treatment of Lead Poisoning; Lead Poisoning Control Director; Advisory Committee

Section 190. Subject to appropriation, the department shall establish a statewide program for the prevention, screening, diagnosis and treatment of lead poisoning, including elimination of the sources of such poisoning, through such research, educational, epidemiologic and clinical activities as may be necessary.
The commissioner shall appoint a lead poisoning control director, who shall serve at the pleasure of the commissioner. The director shall be responsible, subject to the authority of the commissioner, for carrying out and administering all programs created pursuant to this section and sections one hundred and ninety-one to section one hundred and ninety-nine B, inclusive, except as otherwise indicated herein. The director may contract with any agencies, individuals or groups for the provision of necessary services, subject to appropriation; and shall issue and from time to time, amend, such rules and regulations as may be necessary; provided, however, that such rules, regulations or amendments shall be filed with the joint committee on health care and the joint committee on housing and urban development at least thirty days before the effective date of such rules, regulations and amendments.
The governor shall appoint an advisory committee for the lead poisoning prevention program, which shall consist of fourteen members who shall serve at the pleasure of the governor. At least four of said fourteen members shall be physicians or persons active in the field of public health; at least one of said members shall be a representative of the Massachusetts Association of Community Development Corporations; at least two of said members shall be parents of children under six years of age who reside in lower-income urban areas; at least one of said members shall be a representative of the Massachusetts Rental Housing Association; at least one of said members shall be a representative of the Massachusetts Bankers Association; at least one of said members shall be a representative of the Massachusetts Association of Realtors; and at least one of said members shall be a representative of the property and casualty insurance industry. The committee shall advise the director on matters of policy; shall be consulted by the director prior to the issuance of rules and regulations; and shall perform such other duties as the director may request. The members of the advisory committee shall not be paid for their services, but they may be reimbursed for travel and other expenses necessary for the performance of their duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 191 - Reports of Lead Poisoning; Notifications to Agencies; Records

Section 191. Any examining physician, hospital, public health nurse or other diagnosing person or agency shall report to the director the existence and circumstances of each case of lead poisoning known to them and not previously reported. Such reports shall be made on forms prescribed by the director, and shall be submitted not later than three days after said person or agency first diagnoses or is informed of such case. The director shall by regulation with the advice of the advisory committee and in accordance with sound medical practice define the terms ''lead poisoning'' and ''previously reported''.
When a case of lead paint poisoning is reported to the director, he shall inform such local boards of health, public health agencies and other persons and organizations as he deems necessary; provided, however, that the name of any individual contracting lead poisoning shall not be included unless the director determines that such inclusion is necessary to protect the health and well-being of the affected individual.
The director shall maintain comprehensive records of all reports submitted pursuant to this section. Such records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. Such records shall be public records, subject to the provision of the preceding paragraph relating to the names of individuals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 192 - Lead Poisoning Educational and Publicity Program

Section 192. The director shall institute an educational and publicity program, in order to inform the general public, and particularly parents of children residing in areas of significant exposure to sources of lead poisoning; teachers, social workers and other human service personnel; owners of residential property, particularly property constructed previous to the year nineteen hundred and forty-five; and health services personnel, and particularly interns, residents and other intake personnel at major hospitals, of the dangers, frequency, and sources of lead poisoning, and the methods of preventing such poisoning.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 192a - Field Testing and Approval of New Methods of Removing Paint and Other Materials Containing Lead

Section 192A. The director shall investigate, field test and approve new methods of removing or covering paint, plaster, or other materials containing dangerous levels of lead that facilitate compliance with section one hundred and ninety-seven with greater efficiency, safety or economy. The director shall consult with the department of labor standards prior to field testing or approval of new methods of removal or covering to ensure that these methods are consistent with regulations and laws concerning the occupational safety and health of workers engaged in deleading operations. The director shall establish a task force composed of appropriate representatives of the public and private sectors to review, evaluate and recommend such new methods. The director may contract with persons to support research and development of such new methods.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 192b - Preparation of Educational Materials

Section 192B. The department of public health's childhood lead poisoning and prevention program shall, subject to appropriation, promote the education of all persons, including parents and property owners, on lead poisoning and its prevention. The director of said program shall prepare educational materials, the content of which shall include, but not be limited to, a discussion of safety measures, which can be taken to reduce the incidence of lead poisoning in children; available community and health care resources in all geographic regions of the commonwealth useful in the matter of lead poisoning prevention and treatment; legal rights and remedies under section one hundred and ninety-seven, and any other information deemed important by the director and the advisory council with regard to said matter. The director of said program shall also work with the representatives of the banking industry, a designee from the Massachusetts Bankers Association and officials from various state quasi-public agencies involved in providing lead paint abatement financing to develop educational materials including a resource or financing guide on programs available for lead paint abatement. Such educational materials shall be made available to, but not be limited to, hospitals, physicians' offices, community health centers, educational institutions, child care centers, and programs providing public assistance or social services. The director may contract or associate with public and private agencies and organizations for the preparation of said educational materials on lead poisoning prevention, other pertinent resource information on the matter of lead poisoning and conducting educational programs.
Publication of educational materials shall not subject any agency or organization to liability under section one hundred and ninety-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 195 - State Laboratory for Lead and Lead Poisoning Detection; Specimen Analysis; Fee; Report as Prima Facie Evidence

Section 195. The commissioner shall establish, within the Bureau of Institute of Laboratories, a state laboratory for lead and lead poisoning detection. Said laboratory shall analyze specimens received from children for the presence of lead poisoning, and samples of paint and other materials for dangerous levels of lead.
Said laboratory shall analyze tests and samples submitted by persons and agencies not within the department as its facilities permit, and may charge for such services a fee not greater than the cost to it of such services. When certified as a true copy by the custodian of such records, a copy of any report of said laboratory or any division thereof, or of any local board of health, code enforcement agency, or housing inspection agency duly trained and authorized by the director to implement the provisions of this chapter and to conduct inspections for the presence of dangerous levels of lead or lead determinations shall be admissible in any judicial proceeding without further authentication by either the laboratory or by the agency for which said report was made and shall be prima facie evidence of the facts stated therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 197c - Child Exhibiting Dangerous Blood Lead Level After Issuance of Letters of Compliance or Interim Control; Liability

Section 197C. (a) If, after the issuance of a letter of full compliance pursuant to subsection (c) of section one hundred and ninety-seven, a child under the age of six exhibits a blood lead level in excess of the level considered dangerous to the child's immediate health as determined by the department, the director shall immediately review the appropriateness of the issuance and take such corrective measures as may be necessary. If after such a review, the director determines the issuance to be appropriate, the department shall conduct an environmental investigation to determine, to the extent possible, the cause of said excess blood lead level. In no event shall an owner of premises which have been issued a letter of full compliance be held strictly liable for injury or damage caused by exposure to dangerous levels of lead during such time that said letter of full compliance was in effect. Notwithstanding the provisions of this subsection, the owner shall remain subject to a standard of reasonable care relative to compliance within the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive.
(b) If, after issuance of a letter of interim control and during compliance with provisions of an emergency lead management plan, pursuant to subsection (b) of section one hundred and ninety-seven, a child under the age of six exhibits a blood lead level in excess of the level considered dangerous to the child's immediate health as determined by the department, the department shall immediately review said interim controls and may alter any emergency lead management plan and letter of interim control previously issued so as to require the immediate abatement or containment of dangerous levels of lead in the premises wherein said child resides. In no event shall an owner in possession of a letter of interim control be held strictly liable for injury or damage caused by exposure to dangerous levels of lead during such time the letter of interim control is in effect.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 199a - Unlawful Practices in Selling, Renting, or Leasing Premises Containing Lead in Paint, Plaster or Materials

Section 199A. (a) It shall be an unlawful practice for purposes of chapter one hundred and fifty-one B for the owner, lessee, sublessee, real estate broker, assignee, or managing agent of any premises to refuse to sell, rent, lease or otherwise deny to or withhold from any person or to discriminate against any person in the terms, conditions or privileges of the sale, rental or lease of such premises, because such premises do or may contain paint, plaster or accessible structural materials containing dangerous levels of lead, or because the sale, rental or lease would trigger duties under sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, or regulations promulgated thereunder, or because a person chooses to exercise any right under said sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, or regulations promulgated thereunder. Any person claiming to be aggrieved by an alleged unlawful practice as herein defined may file a complaint pursuant to section five of chapter one hundred and fifty-one B and all provisions of said chapter shall be applicable to such complaints.
(b) Refusing to rent to families with children in violation of paragraph eleven of section four of chapter one hundred and fifty-one B shall not constitute compliance with the lead law and regulations.
(c) Refusing to renew the lease of or evicting families with children shall not constitute compliance with the lead law and regulations. Such evictions shall also constitute a violation of section two of chapter ninety-three A and section eighteen of chapter one hundred and eighty-six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 199b - Exemptions From Secs. 189a to 199a

Section 199B. The provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine A, inclusive, shall not apply to any dwelling unit having fewer than two hundred and fifty square feet of floor space calculated on the basis of total habitable room area or which is used as a rooming house; provided, that no person occupying said dwelling unit may be less than six years of age.
For the purpose of this section, ''rooming house'' shall mean every dwelling or part thereof which contains one or more rooming units in which space is let or sublet for compensation by the owner or operator to four or more persons not within the second degree of kindred to the person compensated. Boarding houses, hotels, inns, lodging houses, dormitories and other similar dwelling places shall be included, and ''rooming units'' shall mean the room or group of rooms let to an individual or household for use as living and sleeping quarters.
Sections one hundred and eighty-nine A to one hundred and ninety-nine A, inclusive and this chapter shall not apply to any unit for which a lease, rental, occupancy or tenancy is of thirty-one days or less in duration, which lease, rental or occupancy is for vacation or recreational purposes; provided, however, that said dwelling unit has no peeling or chipping paint, and the tenant has received the appropriate lead paint disclosure notification pursuant to regulations promulgated by the department of public health.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 201 - First Aid Training of Emergency Personnel, Including Cardiopulmonary Resuscitation; Standards; Refresher Course; Coordination by Department; Personnel Excepted

Section 201. Members of police and fire departments, members of the state police participating in highway patrol, persons appointed permanent or temporary lifeguards by the commonwealth or any of its political subdivisions, and members of emergency reserve units of a volunteer fire department or fire protection district shall be trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation by July first, nineteen hundred and seventy-eight, including those appointed on or after January first, nineteen hundred and seventy-six and may be trained in automatic or semi-automatic cardiac defibrillation. The training shall meet the standards for first aid training prescribed by the department and shall not be less than the standards established by the Committee on Cardiopulmonary Resuscitation and Emergency Cardiac Care of the American Heart Association, and shall be satisfactorily completed by them as soon as practical, but in no event more than one year after the date of their employment. Satisfactory completion of a refresher course approved by the department in cardiopulmonary resuscitation each year and in other first aid every three years shall also be required. The training and equipment for automatic or semi-automatic cardiac defibrillation shall meet standards prescribed by the department.
The department shall coordinate the provision, by county, of training required by this section. Such training shall be provided at no cost to the trainee.
This section shall not apply to police officers, fire fighters and persons engaged in police and fire work whose duties are primarily clerical or administrative.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 206 - Program to Reduce Incidence of Mortality and Morbidity From Accidents and Diseases; Risk Factors; Wellness Programs

Section 206. The department shall establish a program to reduce the incidence among the general public of mortality and morbidity from accidents and diseases for which risk factors can be identified. Such risk factors shall include, but not be limited to emotional stress, lack of exercise, poor nutrition and diet, abuse of alcohol and other drugs, smoking, and exposure to toxic substances. Such diseases shall include, but not be limited to, heart disease, lung disease, cancer and stroke. The program shall educate and screen the general public and particular groups of the general public at risk with respect to particular diseases or accidents. The department shall encourage the development of programs for fitness and behavior changes, including dietary change and smoking cessation. The department, with the cooperation of the personnel administrator and the commissioner of public employee retirement, shall develop, implement, coordinate and monitor fitness and behavior change programs, to be known as wellness programs, for public employees. Such programs shall make use of existing resources, facilities and programs whenever possible; and shall provide for access to any such programs, resources and facilities at no cost to such employees.
The department shall promulgate minimum requirements for wellness programs. Such minimum requirements may vary according to the classification of the employees whom a program is to serve. Wellness programs may be phased in over a period of years, but shall be implemented first for police officers and firefighters to whom section sixty-one A of chapter thirty-one applies and next for employees to whom paragraph (e) of subdivision (3) of section five of chapter thirty-two applies. Minimum requirements for wellness programs for employees to whom said section sixty-one A and said paragraph (e) apply shall be designed to enable such employees to meet the respective health and physical fitness standards of said section sixty-one A and said paragraph (e).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 206a - Seal of Approval for Wellness Programs Implemented by Businesses

Section 206A. (a) The department, in consultation with the division of insurance, shall provide a seal of approval to wellness programs implemented by businesses. In developing criteria for a wellness seal of approval, the department shall consider: (i) actuarial equivalency to programs under section 206; (ii) whether the program provides new or innovative services; (iii) the participation rate by employees; (iv) the quality of the health education being provided; (v) whether the program promotes health screenings and other preventive health care measures; and (vi) whether the program promotes a healthy workplace environment. For the purposes of this section, ''businesses'' shall include professions, sole proprietorships, trades, businesses or partnerships
(b) The commissioner, in consultation with the commissioner of the department of revenue, shall create a form that indicates a business is using an approved wellness program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 207 - Definitions Applicable to Secs. 208 to 214

Section 207. For the purposes of sections two hundred and eight to two hundred and fourteen, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:
''Board of health'' or ''board'', the board of health, including the board or officer having like powers and duties in towns where there is no board of health, with jurisdiction in the community in which a tanning facility is located.
''Operator'', a person employed and trained by a tanning facility to control, maintain or operate a tanning device under sections 207 to 213, inclusive, and to assist or instruct customers of the tanning facility in the correct use or operation of a tanning device.
''Phototherapy device'', equipment that emits ultraviolet radiation and is used by health care professionals in the treatment of disease.
''Tanning device'', any equipment used for tanning the skin that emits electromagnetic radiation with wavelengths in the air between two hundred and four hundred nanometers, including, but not limited to, a tanning booth, tanning bed or sunlamp which includes high pressure tanning lamps. Tanning device shall also include any accompanying equipment, including, but not limited to, protective eyewear, timers and handrails.
''Tanning facility'', any location, place, area, structure or business which provides access to a tanning device.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 208 - Tanning Facilities; Licenses; Necessity; Expiration; Fees; Inspection of Tanning Facilities; Violations; Revocation; Appeals

Section 208. No access shall be provided to any tanning device by a tanning facility until said facility has been granted a license therefor by the board of health. Each license granted hereunder shall expire one year from the date of its issue. The fee for each such license and annual renewal thereof shall be determined by the board. The board shall inspect each tanning facility within thirty days of licensure and every six months thereafter. A tanning facility which violates the provisions of this section, sections two hundred and nine to two hundred and fourteen, inclusive, or any other applicable law, rule or regulation shall have seven days after written notice of such failure in which to comply with such provisions. The board may revoke the license of a tanning facility which fails to comply after said seven days. Any person aggrieved by a determination of the board pursuant to sections two hundred and seven to two hundred and thirteen, inclusive, may appeal to the department within twenty days of said determination. Any person, including, but not limited to, the board, aggrieved by a determination of the department may appeal said decision pursuant to the provisions of section fourteen of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 209 - Tanning Facilities; Statement of Warning and Notice; Posting; Form; Acknowledgment by Customer

Section 209. A tanning facility shall give each customer a written statement of warning and shall post a notice in a conspicuous place in every area in which a tanning device is used. Said statement or notice shall be at least eight and one-half inches wide by eleven inches long and printed in white on a red background. Said statement and notice shall contain the following information in substantially the following form:
DANGER: ULTRAVIOLET RADIATION.
1. Follow instructions.
2. Avoid too frequent or lengthy exposure. As with natural sunlight, exposure to a sunlamp may cause eye and skin injury and allergic reaction. Repeated exposure may cause chronic damage characterized by wrinkling, dryness, fragility, bruising of the skin and skin cancer.
3. Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG TERM INJURY TO THE EYES.
4. Ultraviolet radiation from sunlamps aggravates the effects of sun. Do not sunbathe before or after exposure to ultraviolet radiation.
5. Abnormal or increased skin sensitivity or burning may be caused by certain foods, cosmetics or medications, including but not limited to, tranquilizers, diuretics, antibiotics, high blood pressure medication, birth control pills and skin creams. Consult a physician before using a sunlamp if you are taking medication, have a history of skin problems, or believe you are especially sensitive to sunlight. Pregnant women or women on birth control pills who use a tanning device may develop discolored skin.
6. IF YOU DO NOT TAN IN THE SUN YOU WILL NOT TAN FROM USE OF THIS DEVICE. Use of a tanning device does not provide substantial protective base against the effects of the sun.
Each time a person uses a tanning facility, or each time a person executes or renews a contract to use a tanning facility such person shall sign a written statement acknowledging that such person has read and understood such warning.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 210 - Tanning Facilities; Presence of Operators; Protective Eyewear Required; Limitation of Exposure and Temperature

Section 210. A tanning facility shall at all times during operating hours have an operator present who is sufficiently knowledgeable in the correct operation of the tanning devices used at the tanning facility to be able to inform and assist each customer in the proper use of such tanning devices and to provided sanitized protective eyewear and towels. No person shall use a tanning device without such protective eyewear.
No tanning facility shall employ as an operator a person under 18 years of age or permit any other employee of the tanning facility who is under 18 years of age to operate a tanning device.
A tanning facility shall (i) limit each customer to the maximum exposure established by the department, (ii) control the interior temperature so it does not exceed one hundred degrees Fahrenheit, and (iii) use a timer that has an accuracy of plus or minus ten percent of any selected time interval and check that selected time has not been extended for each customer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 212 - Tanning Facilities; Promotional Material; Liability Not Affected by Warnings; Report of Injuries

Section 212. No tanning facility shall claim or distribute promotional material that claims that use of a tanning device is safe and free from risk. The liability of a tanning facility operator or the manufacturer of a tanning device shall not be affected by the giving of the warnings required by section two hundred and nine.
A tanning facility shall send a written report of any injury or complaint of injury to the board of health with a copy to the complainant or injured person. The board shall retain said report for a period of at least one year from the date of receipt thereof and shall allow public inspection thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 213 - Access to Tanning Facilities for Inspections; Rules and Regulations; Phototherapy Devices Excluded

Section 213. The board of health, local health agent, or department shall have access at all reasonable times to any tanning facility for the purposes of inspecting said facility.
The department may promulgate rules and regulations necessary for the implementation of sections two hundred and seven to two hundred and fourteen, inclusive, including, but not limited to, the maximum exposure limit for a person using a tanning device which limit shall not exceed the manufacturer's recommended maximum exposure time.
The provisions of sections two hundred and seven to two hundred and fourteen, inclusive, shall not apply to a phototherapy device used by or under the supervision of a licensed physician who is trained in the use of such phototherapy device.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 215 - Needle Exchange Programs; Approval; Report

Section 215. The department of public health may implement needle exchange programs for the exchange of needles in cities and towns. Prior to implementation of a needle exchange program, approval shall be obtained from the board of health in the hosting city or town. The city or town shall, in a manner determined by the department, provide notice of such approval to the department.
Not later than 1 year after the implementation of a needle exchange program, the department shall report the results of the program and any recommendations by filing the same with the senate and house chairs of the joint committee on health care financing and the house and senate chairs of the joint committee on public safety and homeland security.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 216 - Fragrance Advertising Inserts; Microencapsulated Fragrance; Penalty

Section 216. All fragrance advertising inserts contained in a newspaper, magazine, mailing, or other periodically printed material shall contain only microencapsulated oils. Glue tabs or binders shall be used to prevent premature activation of the fragrance advertising insert. Fragrance advertising insert shall mean a printed piece with encapsulated fragrance applied to it which is activated by opening a flap or removing an overlying ply of paper. Paperstocks employed in the manufacture of fragrance advertising inserts shall have a maximum porosity of twenty Sheffield units or one hundred and seventy-two Gurley Hill units.
Any person who distributes fragrance advertising inserts in violation of this section shall be guilty of an infraction and shall, if convicted, be subject to a fine of one hundred dollars for each such distribution. The fine shall apply to each mass mailing or distribution and to each mass publication of a magazine or newspaper in violation of this section. The fine shall not apply, however, to each individual letter, magazine, newspaper or fragrance advertising insert so distributed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 218 - Guidelines for Human Leukocyte or Histocompatibility Locus Antigen Testing

Section 218. (a) The commissioner, in collaboration with the commissioner of insurance, shall establish guidelines, criteria, and rules or regulations, as may be necessary, to ensure that human leukocyte antigen testing or histocompatibility locus antigen testing conducted for the purposes of section 17H of chapter 32A, section 47V of chapter 175, section 8V of chapter 176A, section 4V of chapter 176B and section 4N of chapter 176G conform to medical eligibility requirements and other test protocols established by the United States food and drug administration, the American Association of Blood Banks, the joint commission on accreditation of health care organizations and the national marrow donor program registry. The eligibility of a health care facility to conduct such tests shall be established by such guidelines, criteria, rules or regulations, which shall further require such a facility to obtain informed consent from test subjects prior to conducting such tests, and at the time of obtaining such consent, to advise a test subject of the opportunity to participate in the national marrow donor program.
(b) The commissioner shall convene an advisory group of medical experts to assist in making recommendations relative to such guidelines, criteria, rules or regulations, which shall include, but need not be limited to, oncologists recommended by the society of clinical oncology, medical researchers with expertise in the field of bone marrow transplantation, specialists in the area of medical ethics, representatives of bone marrow donation programs, a physician selected by the Massachusetts League of Community Health Centers, a physician selected by a hospital and medical service corporation, and a physician selected by the Massachusetts Association of Health Maintenance Organizations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 219 - Meningitis Immunization Awareness

Section 219. The commissioner shall adopt regulations requiring a public or private secondary school, college, university, child care center or youth camp to distribute to the parent or guardian of a child in its care information regarding the risk of meningococcal disease and the availability, effectiveness and the risks of the meningitis vaccine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 220a - Prevention of the Practice of Female Genital Mutilation

Section 220A. (a) The commissioner shall develop and administer a program of education for the prevention of the practice of female genital mutilation. The program shall be designed to provide information about the health risks and emotional trauma inflicted by the practice of female genital mutilation, as well as the criminal penalties for committing female genital mutilation.
(b) The commissioner shall develop policies and procedures to promote partnerships between the department, agencies and political subdivisions of the commonwealth such as the department of elementary and secondary education, the department of children and families, the executive office of public safety and security, the office of the attorney general and other government entities and non-governmental organizations to prevent female genital mutilation and to protect and provide assistance to victims of female genital mutilation.
(c) The commissioner shall make recommendations and develop procedures regarding strategies and methodologies for training providers of health services on recognizing the risk factors associated with female genital mutilation and the signs that an individual may be a victim of female genital mutilation.
(d) The commissioner shall develop regulations to carry out this section and may, subject to appropriation, contract with non-governmental organizations, entities or individuals with experience working with victims of female genital mutilation to provide training and materials and other services as the department deems necessary.