reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 9a - Incapacitated Persons Placed Into Protective Custody Without Consent for Transport to Appropriate Emergency Medical Treatment

Section 9A. For purposes of this section, ''incapacitated'' shall mean the condition of a person who, by reason of the consumption of a controlled substance or toxic vapor or other substance other than alcohol is: (i) unconscious; (ii) in need of medical attention; (iii) likely to suffer or cause physical harm or damage property; or (iv) disorderly.
Any person who is incapacitated may be placed into protective custody by a police officer without the person's consent for the purpose of immediately transporting the person to an acute care hospital or satellite emergency facility as defined in section 511/2 of chapter 111 or otherwise immediately obtaining appropriate emergency medical treatment. For the purposes of this section, to determine whether or not a person is incapacitated, a police officer may request the person to submit to reasonable tests of coordination, coherency of speech and breath. A police officer may place the person into protective custody when such tests or other information or observations indicate that the person is incapacitated. Whenever a police officer places into protective custody a person under the age of 18 in accordance with this section, the police officer shall notify the parent or guardian of that person forthwith.
A person may not be held in protective custody against the person's will beyond the time required to complete the person's immediate transport to an acute care hospital or satellite emergency facility as defined in section 511/2 of chapter 111, or to otherwise immediately obtain appropriate emergency medical treatment.
A police officer acting in accordance with this section may use such force as is reasonably necessary to carry out the officer's authorized responsibilities. If the police officer reasonably believes that there may be a risk to the safety of the incapacitated person, the safety of the officer or the safety of other persons present, the police officer may search the person and the immediate surroundings of the person placed into protective custody but only to the extent necessary to discover and seize any items or weapons which may pose a danger. Any item taken shall be inventoried and, unless the item is contraband or otherwise unlawfully possessed, shall be returned to the person when the person is no longer incapacitated.
A person placed under protective custody in accordance with this section shall not be considered to have been arrested or to have been charged with any crime. An entry of custody shall be made indicating the date, time, place of custody, the name of the assisting officer and the name of the officer in charge. No such entry shall be treated as an arrest or criminal record for any purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 11 - Defendant Charged With Other Than Drug Offense; Request for Examination; Evidence; Report; Treatment; Consent; Hearing; Order

Section 11. Any person found guilty of a violation of any law other than a drug offense, who prior to disposition of the charge, states that he is a drug dependent person, and requests an examination shall be examined by an addiction specialist to determine whether or not he is a drug dependent person who is a drug addict who would benefit by treatment or a drug dependent person who is not a drug addict but who would benefit by treatment.
If the defendant has previously been examined, pursuant to a request for an examination made in accordance with section ten, the report of the addiction specialist who conducted the examination shall serve at the examination provided for under this section.
The examination shall be conducted at any appropriate location upon appropriate order of the court. In no event shall the request for such examination or any statement made by the defendant during the course of the examination or any finding of the addiction specialist be admissible against the defendant in any criminal proceeding. The addiction specialist shall report in writing to the court within five days after the completion of the examination, stating the facts upon which the report is based and the reasons therefor.
If the report states that the defendant is a drug dependent person who would benefit by treatment, and if the court orders that the defendant be confined to a jail, house of correction, prison, or other correctional institution, the court may further order that the defendant be afforded treatment at a penal facility for the whole or any part of the term of imprisonment; provided, however, that the court shall determine the term of treatment to be afforded with the advice of the administrator of the penal facility; and provided, further, that the court shall not order that the defendant be afforded treatment at a penal facility unless the defendant consents to the order in writing. The administrator may terminate treatment of the defendant at such time as he determines the defendant will no longer benefit by treatment.
If the report states that the defendant is not a drug dependent person who would benefit by treatment, the defendant shall be entitled to request a hearing on whether or not he is a drug dependent person who would benefit by treatment. If the court determines that he is a drug dependent person who would benefit by treatment, and if the court orders that the defendant be confined to a jail, house of correction, prison, or other correctional institution, the court may order that the defendant be afforded treatment at a penal facility in accordance with the standards and procedures set forth in this section.
If the court does not order that the defendant be confined to a jail, house of correction, prison, or other correctional institution, the court may order that the defendant be afforded treatment pursuant to section twelve.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 12 - Probation of Drug Dependent Persons; Treatment; Urinalysis Program; Reports

Section 12. Any court may, in placing on probation a defendant who is a drug dependent person who would benefit by treatment, impose as a condition of probation that the defendant receive treatment in a facility as an inpatient or outpatient; provided, however, that the court shall not impose such a condition of probation unless, after consulting with the facility, it determines that adequate and appropriate treatment is available. The defendant shall receive treatment at the facility for so long as the administrator of the facility deems that the defendant will benefit by treatment, but in no event shall he receive treatment at the facility for a period longer than the period of probation ordered by the court. A periodic program of urinalysis may be employed as a condition of probation to determine the drug free status of the probationer. The cost of the administration of such program shall be borne by the commonwealth. If the court requires as a condition of probation that the defendant shall reside in alcohol and drug free housing, the judge issuing the order shall require the probation officer to refer the defendant only to alcohol and drug free housing certified pursuant to section 18A of chapter 17 and the probation officer shall require the defendant to reside in housing so certified in order to satisfy such condition if such certified housing is available. If at any time during the period of treatment the defendant does not cooperate with the administrator or the probation officer, or does not conduct himself in accordance with the order or conditions of his probation, the administrator or the probation officer may make a report thereon to the court which placed him on probation, which may consider such conduct as a breach of probation.
Throughout the period of probation at a facility pursuant to this section, the administrator of said facility shall provide quarterly written reports on the progress being made in treatment by the defendant to the defendant's probation officer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 15 - Requiring Admission to Facilities; Rules and Regulations

Section 15. The director may require the administrator of a public facility or a private facility with which the division contracts on a fee-for-services basis pursuant to clause (4) of section six, other than a halfway house, to admit as an inpatient or an outpatient any person for whom, in the determination of the director, adequate and appropriate treatment is available at the facility. The commissioner shall promulgate rules and regulations governing the extent to which the director may require the administrator of a private facility with which the division does not contract on a fee-for-services basis pursuant to said clause (4), other than a halfway house, to admit as an inpatient or outpatient any person for whom, in the determination of the director, adequate and appropriate treatment is available at the facility.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 17 - Liability for Cost of Treatment; Rules and Regulations

Section 17. Any patient in a public facility, or the estate, spouse or adult child of such patient, or, if the patient is a minor, the parent of such patient if of sufficient financial ability, shall be liable to such facility for the cost of maintenance and treatment of the patient therein in accordance with rates established pursuant to chapter six A. If a person is a patient in a private facility pursuant to an agreement between the facility and the division, and neither the patient nor the estate, spouse or adult child of such patient, or, if the patient is a minor, the parent of such patient is of sufficient financial ability to pay the cost of maintenance and treatment of the patient therein, and the patient is not entitled to the payment of such cost from any other source, the division shall pay the cost of such maintenance and treatment in accordance with rates established pursuant to chapter six A.
The division shall promulgate rules and regulations governing financial ability which shall take into consideration the income, savings and other personal and real property of the person required to pay, as well as any support actually being furnished by him to any person whom he may be required by law to support.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 18 - Record of Treatment; Rights of Patients

Section 18. (a) The administrator of each facility shall keep a record of treatment afforded each patient, which shall be confidential and shall only be made available upon judicial order, whether in connection with pending judicial proceedings or otherwise, where disclosure is authorized by section 408 of the Drug Abuse Office and Treatment Act of 1972 and 21 U.S.C. 1175 or, where disclosure is authorized with the informed consent of the patient. Such consent shall be in writing, shall be to the benefit of the patient, and shall be signed by the patient. Such consent shall state the name of the person or organization to whom the disclosure is to be made, the specific type of information to be disclosed, and the purpose or need for such disclosure.
(b) Any patient shall have the right to have a physician retained by him examine him, consult privately with his attorney, receive visitors, and send and receive communications by mail, telephone and telegraph. Such communications shall not be censored or read without the consent of such patient. The foregoing shall not limit the right of the administrator, subject to reasonable rules and regulations of the division, to prescribe reasonable rules governing visiting hours and the use of telephone and telegraph facilities.
(c) No patient may be detained in any facility, other than a penal facility, without his consent.
(d) Insofar as is practicable, a written comprehensive, individualized treatment plan shall be kept by the administrator for each patient.
(e) Each patient shall be entitled to receive adequate and appropriate treatment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 2 - Administrative Responsibilities; Rules and Regulations; Promulgation

Section 2. The responsibility for administering the provisions of this chapter, and for assuring an appropriate state response to alleged violations thereof, shall be assigned in the following manner:
(a) The commissioner of DPH shall be responsible for the administration of sections four through six, twelve and twenty, which relate to the establishment and amendment of the Massachusetts substance list, the dissemination of information pertaining to toxic or hazardous substances, the granting of certain waivers or alternative conditions to the disclosure requirements contained in this chapter, and trade secrets.
(b) The commissioner of DOL shall be responsible for the administration of sections seven through eleven, and thirteen through fifteen, which define the rights and duties of employees and employers under this chapter.
(c) The commissioner of DEP, on behalf of the commonwealth, and the municipal coordinator of each city or town, on its behalf, shall be responsible for the administration of sections sixteen through nineteen, which relate to requests by state officials, municipal officials, and community residents for actions and information available under this chapter.
The commissioners of the DPH, DOL, and DEP shall have the authority to promulgate rules and regulations necessary to carry out their respective responsibilities under this chapter. In order to avoid the promulgation of conflicting rules and regulations, the commissioners shall take such steps as are necessary to assure that proposed rules and regulations are consistent with the rules and regulations of the other departments with responsibilities under this chapter in conformance with the statutory responsibilities set forth herein. Said rules and regulations shall be promulgated in accordance with chapter thirty A, no later than one hundred and eighty days after the date of enactment of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 6 - Research Laboratories; Exemption

Section 6. A research laboratory, as defined in section one, shall be exempt from the provisions of this chapter. In order to qualify a work area of a workplace or a workplace as a research laboratory, an employer shall file a sworn statement with the commissioner of DPH which shall include sufficient information pertaining to the workplace or area and the personnel employed therein to enable the commissioner to determine whether the workplace or work area is qualified for the research laboratory exemption, and assurance that the employer has notified the employees of said workplace or work area that this exemption is being claimed.
If the commissioner fails to receive sufficient information to determine whether a workplace or work area qualifies as a research laboratory, or if the commissioner has reason to believe that the workplace or work area does not qualify as a research laboratory, or that the operation of the workplace or work area for which a research laboratory exemption has been claimed poses a threat to the health and safety of employees employed at that workplace or work area, he shall notify the employer in writing and offer the employer an opportunity for a hearing pursuant to chapter thirty A of the General Laws. If the employer fails to substantiate his claim that a workplace or work area is a research laboratory and that said laboratory is being operated in a manner which does not pose a threat to the health and safety of employees employed at that workplace or work area, the commissioner may issue an order revoking the research laboratory exemption in part, or in its entirety for that workplace or work area. The commissioner of DPH may establish by regulation the conditions under which a research laboratory may retain its exemption. An employer may appeal an order of revocation pursuant to the procedures of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 8 - Material Safety Data Sheets; Preparation; Revision

Section 8. The manufacturer of any toxic or hazardous substance shall prepare and provide direct purchasers of said toxic or hazardous substances with an MSDS which, to the best of the manufacturer's knowledge, is current, accurate, and complete, based on information then reasonably available to the manufacturer.
Any person other than a manufacturer who sells a mixture of toxic hazardous substance as defined in this chapter shall provide its direct purchasers of the mixture at the time of sale with a copy of the most recent MSDS or equivalent information.
Any person who produces a mixture may, for the purposes of this section, prepare and use a mixture MSDS, subject to the provisions of section ten.
A manufacturer who is responsible for preparing and transmitting an MSDS under the provisions of this section shall revise said MSDS, on a timely basis, as appropriate to the importance of any new information which would affect the contents of the existing MSDS, and in any event within one year of such information becoming available to the manufacturer.
Any employer who receives, compiles, or prepares new information which would serve to update the MSDS for any toxic or hazardous substance present in his workplace, and who has filed a copy of said MSDS with DEP and the municipal coordinator pursuant to section sixteen of this chapter, shall file an updated MSDS containing said new information on a semi-annual basis, and shall concurrently update his own copy of said MSDS.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 9 - Material Safety Data Sheets; Obligation to Provide to Purchaser

Section 9. (a) Any person subject to the provisions of section eight shall be relieved of the obligation to provide a specific purchaser of a toxic or hazardous substance with a MSDS if he has a record of having provided the specific purchaser with the most recent version of the MSDS; or if the substance is labeled pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; the Atomic Energy Act; the Food, Drug and Cosmetics Act; or if the article is one sold at retail and is incidentally sold to an employer or the employer's employees, in the same form, approximate amount, concentration, and manner as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article is not significantly greater than the consumer exposure occurring during the principal consumer use of the article.
(b) If an employer is not supplied with an MSDS by a manufacturer or an intermediate seller for a toxic or hazardous substance pursuant to the mandates of section eight, said employer shall within a reasonable amount of time after discovering that an MSDS has not been supplied use diligent efforts to obtain said MSDS from the manufacturer or intermediate sellers. For purposes of this paragraph, ''diligent efforts'' shall mean a prompt inquiry by the employer to the manufacturer or intermediate seller of the toxic or hazardous substance requesting the MSDS with a copy of the request and any written response from the manufacturer or intermediate seller to be filed with the commissioners of DPH and DLI.
Provided, however, that for an independent contractor, or the commonwealth or any of its political subdivisions acting as an employer, ''diligent efforts'' shall mean a prompt inquiry to the workplace employer, rather than the manufacturer or intermediate seller, in cases where the relevant workplace is not wholly owned or controlled by the employing independent contractor, the commonwealth, or said political subdivisions.
If after having used diligent efforts an employer still fails to obtain an MSDS, he shall request the commissioner of DLI to obtain said MSDS on his or her behalf. The commissioner of DLI shall, in such cases, obtain any available assistance from the commissioner of DPH or DEP in locating or compiling an up-to-date MSDS for the toxic or hazardous substance.
An employer who has used diligent efforts as defined herein and who has made a documented request to the commissioner of DLI pursuant to this section shall not be found in violation of sections eleven, fourteen or sixteen of this chapter with respect to the MSDS which was not supplied by the manufacturer or intermediate seller as required by section eight of this chapter.
Nothing contained in this chapter shall be construed to require an employer to conduct studies to develop new information.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 10 - Material Safety Data Sheets; Mixtures

Section 10. A manufacturer or employer may provide the information required by section eight of this chapter on an entire mixture, instead of on each toxic or hazardous substance in it, when all of the following conditions exist:
(a) Hazard test information exists on the mixture itself, or adequate information exists to form a valid judgment of the hazardous properties of the mixture itself and the MSDS indicates that the information presented and the conclusions drawn are from some source other than direct test data on the mixture itself, and that an MSDS on each constituent hazardous substance identified on the MSDS is available upon request.
(b) Provision of information on the mixture will be as effective in protecting employee health as information on the ingredients.
(c) The toxic or hazardous substances in the mixture are identified on the MSDS unless it is either unfeasible to describe all the ingredients in the mixture or the identity of the ingredients is itself a valid trade secret; provided, that in either case the reason why the hazardous substances in the mixture are not identified shall be stated on the MSDS.
A single mixture MSDS may be provided for more than one formulation of a product mixture if the information provided pursuant to section fourteen does not vary for the formulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 11 - Material Safety Data Sheets; Employers' Duties; Employee's Right to Examine

Section 11. (a) Every employer who manufactures, processes, uses or stores toxic or hazardous substances in the workplace shall provide a MSDS for each product which is present in said workplace. All MSDS's shall be available at a central location in the workplace.
(b) A completed federal OSHA Form 20 material safety data sheet shall constitute prima facie evidence of compliance with the requirements of this chapter relative to material safety data sheets, provided that said form includes a description of the acute and chronic health risks associated with exposure to the substance described.
(c) Any employee or his designated representative, may request in writing and shall have the right to examine and obtain the MSDS's for the toxic or hazardous substances to which he is, has been or may be exposed. The employer shall provide the MSDS within four working days, subject to the provisions of section nine (b). The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations.
(d) If an employee who has requested an MSDS pursuant to this section has not received said MSDS within four working days subject to the provisions of section nine (b), that employee may refuse to work with the substance for which he has requested the MSDS, until said MSDS is provided. Provided, however, that nothing contained herein shall be construed to permit any employee of the commonwealth or any of its political subdivisions to refuse to perform essential services.
(e) Every employer who manufactures, processes, uses or stores toxic or hazardous substances in the workplace shall post a notice in a central location in the workplace informing employees of their rights under this section.
(f) For the purposes of this section and section fourteen, an independent contractor, or the commonwealth or any of its political subdivisions shall maintain MSDS's for their own workplaces only, as defined in section one; provided, however, that employees of such employers, insofar as they are exposed in the course of their employment to toxic or hazardous substances in other workplaces, shall have the right to examine MSDS's for those substances to which they are exposed from the workplace employer through a written request to their own employer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 12 - Material Safety Data Sheets; Examination by Employee's Physician; Disclosure of Information

Section 12. An employer or the preparer of an MSDS shall provide said MSDS, including information withheld as a trade secret, immediately on a confidential basis to an employee's treating physician who states in writing that in his professional judgment said employee's medical condition may be the result of occupational exposure to a toxic or hazardous substance present in the employee's workplace; provided, however, that such treating physician shall be required to sign concurrently, or in the case of geographical separation within twenty-four hours a confidentiality agreement, the form of which shall be promulgated by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of the information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of the agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 14 - Records; Examination; Copying

Section 14. Employers subject to the provisions of this chapter shall be required to maintain as records for a period of thirty years only the MSDS's required by section eleven. Such records shall be made available within a reasonable period of time to each former employee, or his designated representative for examination and copying.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 15 - Instruction on Nature and Effects of Toxic or Hazardous Substances to Employees

Section 15. Employers shall furnish employees with instruction on the nature and effects of those hazardous substances present in the workplace either in written form or in training programs as may be appropriate. Such instruction shall be in nontechnical language but may be generic to the extent appropriate and related to the job. Such instruction shall include the chemical name and any common names, unless withheld from an MSDS as a trade secret, of the toxic or hazardous substance to which an employee may be exposed under normal operating conditions, the location of the substance in the workplace, appropriate first aid treatment and antidotes in the event of improper exposure or overexposure, the proper and safe handling of said substance, the health effects of said substance as described in the relevant MSDS, and the rights and duties of employees as set forth in this chapter. Employers shall provide their current employees with instruction as described herein within ninety days of the effective date of this chapter and annually thereafter, and for employees hired thereafter, within the first month of employment, and annually thereafter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 16 - Material Safety Data Sheets; Filing Copies

Section 16. Every employer subject to the provisions of this chapter shall file with the regional office of DEP for the region in which the workplace of the employer is located, and upon request with the municipal coordinator for the city or town in which the workplace of the employer is located, a copy of an MSDS for each toxic or hazardous substance listed on the Massachusetts substance list and present in the employer's workplace. The municipal coordinator shall retain said MSDS's for at least five years and the regional office of DEP shall retain said MSDS's for forty years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 17 - Material Safety Data Sheets; Requests for Copies

Section 17. The commissioner of DEP shall make a copy of an MSDS available to DOL or DPH upon request, and may make a copy of an MSDS available to any other agency of the commonwealth, but only upon written request including a justification by the requesting agency that the information contained in the MSDS is essential to the performance of a duty to protect the public health and safety imposed by statute or regulation. Provided, however, that when such action is taken by the commissioner of DEP upon such request, he shall notify the employer or employers who provided the MSDS. And provided, further, that in the event of an imminent threat to public health or safety, the commissioner of DEP shall waive the requirement for written request and justification.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 19 - Material Safety Data Sheets; Release to Municipal Officials

Section 19. A municipal coordinator who has obtained an MSDS from an employer pursuant to section sixteen may make available to another municipal official for the city or town in which the workplace of the employer is located, a copy of an MSDS, if he determines that an imminent threat to public health or safety exists for which immediate access to information contained in the MSDS is critical to that other municipal official's performance of a duty imposed by statute, regulation, ordinance, or by-law. The municipal coordinator shall so inform the employer of the release of the MSDS to another municipal official.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 20 - Material Safety Data Sheets, Release to Treating Physician; Confidentiality Agreement

Section 20. (a) A preparer shall provide an MSDS without trade secret information immediately on a confidential basis to a community resident's treating physician who states in writing that said resident's medical condition may be the result of exposure to a toxic or hazardous substance present in the said employer's workplace; provided, however that such treating physician shall be required to sign concurrently a confidentiality agreement, the form of which shall be established by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of the agreement.
(b) A preparer shall provide the information withheld from an MSDS as a trade secret immediately on a confidential basis to a community resident's treating physician who states in writing that a medical emergency as defined in section one exists with respect to the resident; provided, however, that such treating physician shall be required to sign concurrently, or in the case of geographical separation, within twenty-four hours a confidentiality agreement, the form of which shall be established by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of the information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of this agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111f - Hazardous Substances Disclosure by Employers › Section 21 - Disclosure of Information; Public Record; Penalties

Section 21. (a) Any information provided to state or local agencies or instrumentalities by manufacturers and employers pursuant to the provisions of this chapter, and any information provided to their public agencies or coordinator pursuant to this chapter shall not be a public record for the purposes of chapter sixty-six of the General Laws.
(b) Any person who has obtained possession of or has access to information pursuant to the provisions of this chapter shall not disclose said information to any person not specifically authorized to receive it hereunder. Violation of this provision shall be punishable by a fine of not more than five thousand dollars or imprisonment for not more than one year, or both. Provided, however, that disclosure by an employee to his or her spouse, or to a fellow employee exposed to the same toxic or hazardous substance as is involved in the disclosure, shall not constitute a violation of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111g - Early Childhood Intervention Services › Section 1 - Definitions

Section 1. For the purposes of this chapter, the following words shall have the following meanings unless the context or subject matter clearly requires otherwise:—
''Advisory committee'', the committee established pursuant to section three.
''Commissioner'', the commissioner of the department of public health.
''Department'', the department of public health.
''Division'', the division of family health services which is an administrative division within the department of public health.
''Early intervention services'', services provided to children and the families of children, who are between birth and three years of age and who have identified handicapping conditions or who are at risk for developmental delays due to biological, established, or environmental factors. Such services are for the purpose of minimizing the potential for developmental delay and for preventing the institutionalization of such children and shall be developmental services, including but not limited to speech, occupational and physical therapy, social work, psychological, educational, and nursing services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111g - Early Childhood Intervention Services › Section 2 - Early Intervention Services; State Wide System; Funding; Rules and Regulations; Contracts

Section 2. The department shall establish a state wide system of programs providing early intervention services. The department shall be the sole source of state funds for early intervention services; provided, however, that reimbursement for such services shall be allowed pursuant to section six of chapter one hundred and eighteen E. The department shall be the lead agency for the coordination of all governmental funding, both state and federal, for such programs.
Such programs shall be located within the division of family health services. The division shall be responsible for implementing and administering such programs.
The division shall develop and promulgate uniform rules and regulations for the provision of early intervention services. The division may contract with any agencies, individuals or groups for the provision of such services, subject to appropriation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111g - Early Childhood Intervention Services › Section 3 - Advisory Committee; Membership; Duties

Section 3. The commissioner shall appoint an advisory committee which shall consist of fifteen members, including one representative from each of the following state agencies: the department of public health, the department of mental health, the department of developmental services, the department of education, the department of transitional assistance, the department of children and families and the department of early education and care; one representative of the Massachusetts Early Intervention Consortium; at least three of whom shall represent program consumers; at least three of whom shall represent program providers; and at least one of whom shall represent the collective bargaining unit which represents state employees who provide early intervention services. Said committee shall advise the division relative to the development of program standards, the gathering of statistical and assessment data, the coordination of state agencies, the resolution of administrative and collective bargaining issues, the promotion of early intervention services, and coordination and planning to maximize resources.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111g - Early Childhood Intervention Services › Section 4 - Alternative Revenue Sources; Donated Funds Program; Payment System for Services

Section 4. The division, with the advice of the advisory committee, shall investigate alternative revenue sources for early intervention services. A system of payments by families shall be established which promotes accessibility to services to all families in need of such services. This system may include a schedule of sliding fees developed in accordance with applicable state and federal law.
The division shall develop a donated funds program to encourage the development of funds other than state appropriations for early intervention services. Such sources of funds may include private donations or monies from city, town, or county governments but shall not include funds from other state agencies. The state shall provide two dollars for each dollar of donated funds which have been committed from such non-state source.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111g - Early Childhood Intervention Services › Section 5 - Monitoring and Assessment of Program Effectiveness; Reports

Section 5. The division shall monitor and assess the effectiveness of early intervention services. Programs which are in receipt of state or federal funding for early intervention services shall report such information relative to program models, characteristics of clients, expenditures, and other material information as the division, with the advice of the advisory committee, shall request for the purpose of monitoring and assessing the effectiveness of such programs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111g - Early Childhood Intervention Services › Section 6 - Transportation to Early Intervention Services

Section 6. Whenever transportation to early intervention services is required, the department shall provide transportation with respect to said services. The department shall take appropriate steps to ensure the safety of all persons transported under this section. If the department determines that said persons cannot be transported safely without the assistance of monitors, said transporting shall include provision for monitors. Nothing in this section shall preclude the ability of parents to serve as unpaid monitors when their children are being transported.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 4b - Violations of Sec. 4a; Civil Penalties

Section 4B. (a) If the board finds, after notice of any violation of section four A and an opportunity for a hearing have been provided, that any person is not in compliance with any requirement of section four A, or with any provision of any regulation adopted thereunder, it may assess civil penalties in an amount determined pursuant to this section. Such civil penalty may be imposed whether or not the violation was willful. In determining the amount of the civil penalty, the board shall consider the willfulness of the violation; the actual and potential cost to the commonwealth of collecting the assessment and penalty to enforce such requirement; whether the person being assessed the civil penalty did everything reasonable to pay the assessment, and to pay promptly after a notice of violation was issued; whether the person being assessed the civil penalty has previously failed to comply with any requirement of section four A, or with any provision of any regulation adopted thereunder; the financial condition of the person being assessed the civil penalty. The board shall also consider the goals of making compliance less costly than noncompliance, deterring future noncompliance, and the public interest.
(b) In addition to assessing civil penalties under this section, the board may request the attorney general to bring an action in the superior court to compel payment of assessments and penalties and immediate and full compliance with any order issued by the board. The expense of the proceedings shall be recoverable from the violator in such manner as provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 6 - Public Participation Coordinator; Duties

Section 6. The executive director, after an open and competitive selection process, shall appoint a full-time public participation coordinator based on demonstrated competence subject to approval by a vote of the board. The public participation coordinator's duties shall include:
(a) to encourage and facilitate the participation of interested persons in all of the processes established in or pursuant to this chapter;
(b) to make recommendations to the board, the department of public health and the department of environmental protection concerning the implementation of programs to assure appropriate public participation in the processes established in or pursuant to this chapter;
(c) to publicize throughout the commonwealth the management plan adopted pursuant to section twelve, all plans for the selection of any superior site or for the selection of an operator, and any proposals for the development, operation and closure of facilities in order to inform the public and to encourage and facilitate the participation of interested persons in such selection procedures, in environmental review and licensing proceedings, and in the review of facility operations; and
(d) to publicize throughout the commonwealth and to conduct continuing public informational programs on the use of radioactive materials, the nature and characteristics of low-level radioactive waste, current and developing technologies, and the hazards associated with low-level radioactive waste and the improper management thereof; provided, however, that, in establishing and conducting such programs, the public participation coordinator shall obtain the advice and assistance of an advisory board to be composed of members representing the range of public opinion concerning low-level radioactive waste or its management and invite the participation of persons representing such range of public opinion.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 7 - Information Concerning Type, Volume, Radioactivity, Source and Characteristics of Low-Level Radioactive Waste; Inspections; Confidentiality

Section 7. (a) For the purpose of ensuring the accuracy and completeness of the low-level radioactive waste management plan or of determining compliance with this chapter or any regulations adopted hereunder, each person who generates, treats, stores, transports or disposes of low-level radioactive waste within the commonwealth shall annually, and at such other times as requested by the department of public health, provide detailed and accurate information concerning the type, volume, radioactivity, source and characteristics of the low-level radioactive waste which such person generates, treats, stores, transports or disposes of; as well as such person's current and projected low-level radioactive waste management activities, including source minimization, volume minimization, on-site storage, treatment, packaging and transportation practices and such other information as the board or the department of public health deems necessary. The duly authorized inspectors of said department may, at all reasonable times, enter and examine any property, facility, or activity involving the management of low-level radioactive waste. The owner, operator and other person in charge of the property, facility, or activity, shall afford such inspectors unfettered access, equivalent to access provided to persons regularly employed at such property, facility or activity, following proper identification and compliance with applicable access control measures for security, radiological protection and personal safety. Such inspectors are authorized to make such inspections, conduct such tests, reviews, studies, monitoring, or sampling or examine books, papers and records as said department deems necessary for the administration or enforcement of this chapter.
(b) Notwithstanding the provisions of any general or special law to the contrary, any information, record or particular part thereof, obtained by the department of public health pursuant to the provisions of this chapter, shall, upon request by the owner or proprietor thereof, be kept confidential and not be considered to be a public record when it is determined by said department that such information, record, or report, relates to secret processes or methods of manufacture or production, or that such information, record or report, if made public, would divulge a trade secret. Nothing in this section shall prevent use of such information in the preparation of the management plan, or of any summary or statistical compilation of information obtained by said department.
(c) All procurement activities and all payments made under contracts entered into pursuant to this chapter including any development contract and any comprehensive operating contract, shall be deemed to be within the jurisdiction of the office of the inspector general in accordance with chapter twelve A.