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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 13 - Ems System Advisory Board; Membership; Duties; Advisory Committees

Section 13. (a) There shall be within the department an EMS system advisory board, consisting of the commissioner or his designee, as chairman; the state medical director, or his designee; the regional director of each regional emergency medical services council, or his designee; the medical director, of each regional EMS council, or his designee; the registrar of motor vehicles, or his designee; the secretary of public safety and security, or his designee; and 27 members appointed by the commissioner, or their designees, as follows: one each from the Massachusetts Medical Society, the Massachusetts Chapter of the American College of Surgeons, the Massachusetts Heart Association, the Massachusetts Nurses Association, the American Red Cross, the Massachusetts Chiefs of Police Association, the Massachusetts Police Association, the Massachusetts Fire Chiefs Association, the Professional Fire Fighters of Massachusetts, the Massachusetts Call/Volunteer Firefighters Association, Massachusetts Hospital Association, Massachusetts Chapter of Emergency Nurses Association, Massachusetts Chapter of the American College of Emergency Physicians, the Massachusetts Council of Community Hospitals, the Massachusetts Association of Emergency Medical Technicians, the Massachusetts Ambulance Association, the Massachusetts Association of Hospital-Based Paramedic Services, the International Association of EMTs & Paramedics, and the Massachusetts Association of Health Maintenance Organizations; one from the volunteer ambulance associations; a representative of the Governors Highway Safety Bureau; a representative of the state 911 department; one person who shall be an expert in EMS for children; one person who shall be an attorney; and three who shall be consumers representative of all regions of the state, to the extent feasible. Each appointed member of the board shall serve a term of three years, or until his successor is appointed and qualified. Appointees shall serve without compensation.
(b) The board, in addition to other powers conferred in this chapter, including, without limitation, in subsection (c) of section 3, and in addition to functioning in a general advisory capacity, shall assist in coordinating the efforts of all persons and agencies in the state concerned with the EMS system, and shall render advice on the development of the EMS system where needed. The board shall make an annual report to the commissioner on or before June 30. There shall be established by the department committees advisory to the board, including, without limitation, a trauma systems committee. The trauma systems committee shall be chaired by the commissioner or his designee and shall be composed of an equitable balance of individuals, each identified as representing (1) regional EMS councils, (2) trauma centers, and (3) community hospitals. Other committees may be established and constituted by the board, in its discretion.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 14 - Complaints; Procedure; Investigation; Referral; Notice

Section 14. The department shall establish and implement procedures for the making, transmission and investigation of complaints concerning any person certified, licensed, designated or otherwise approved by the department under this chapter. The department shall prepare, and make available upon request, a description of such procedures, and it shall, as the public interest may require, investigate every complaint received, except to the extent that the act or practice complained of does not constitute a violation of this chapter or any regulation, guideline or order under this chapter. The department shall refer complaints to other agencies and organizations, as appropriate. Upon investigation the department shall notify the complainant, if known, of its action in the matter. If it finds that an investigation is not required, it shall notify the complainant, if known, of its finding and with its reason.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 15 - Failure to Comply Under Certification, License or Designation; Correction Order; Administrative Reconsideration; Assessment; Collection

Section 15. (a) Whenever the department finds upon inspection or through information in its possession, that any person certified, licensed, designated or otherwise approved by the department under this chapter is not in compliance with a requirement established under this chapter, the department may order such person to correct such deficiency. Every such correction order shall include a statement of each deficiency found, the period prescribed within which each such deficiency shall be corrected, and the provisions of law relied upon.
The period prescribed shall be reasonable under the circumstances. In the case of a deficiency identified in the course of an inspection or investigation, which endangers the public health and safety, the department or its agent may, immediately upon such inspection or investigation, suspend a certificate, license, designation, or other approval, effective immediately. A hearing on such suspension shall be governed by the relevant procedures set forth in and pursuant to section 16. With respect to orders other than immediate suspensions, within seven days of receipt, the affected person may file a written request with the department for administrative reconsideration of the order or any portion thereof. Failure of the department to grant, deny, or otherwise act upon a written request within seven days of filing shall be deemed a denial of such request.
(b) The department may assess a person ordered to correct a deficiency not more than $500 for each deficiency for each day the deficiency continues to exist beyond the date prescribed for correction. Before making an assessment, the department shall give the affected person notice of the matters alleged and the provisions of law relied upon and shall accord such person an opportunity for a hearing upon timely written request. If after hearing, or waiver thereof, the department determines that cause exists, it shall make an appropriate assessment. The affected person shall pay such assessment except to the extent that, upon judicial review, the reviewing court may reverse the final decision of the department.
(c) An assessment made under this section shall be due and payable to the commonwealth on the thirtieth day after notification to the affected licensee. The attorney general shall recover any assessment due and payable in an action of contract, or any other appropriate action, suit or proceeding, brought in the name of the commonwealth in the superior court. Upon the motion of the attorney general, such court may consolidate for hearing and decision a judicial review proceeding and an assessment collection proceeding if the proceedings result from the same administrative action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 16 - Revocation or Refusal to Renew Certification, License or Designation; Hearing; Suspension Without Hearing; Modification

Section 16. The department may, after hearing or waiver thereof, revoke or refuse to renew a certification, certificate of inspection, license, designation or other approval for failure to perform such requirements as set forth in such certificate, license, designation, or other approval, for violation of any applicable requirement prescribed under this chapter, for violation of a correction order, or for engaging in, or for aiding, abetting, causing, or permitting, any act prohibited under this chapter or under any other general or special law or other applicable legal requirement related to the operation of any element of the EMS system. The commissioner may without hearing, suspend a certification, certificate of inspection, license, designation or other approval held by any person if he finds that such person is acting pursuant to such certification, operating or maintaining an EMS vehicle subject to such certificate of inspection, maintaining a service subject to such license, or acting pursuant to any designation or other approval, in a manner which endangers the public health or safety; provided, however, that in every case of suspension the person certified, licensed, designated or otherwise approved by the department under this chapter shall be promptly afforded an opportunity for a hearing under this section. If after any hearing hereunder concerning a certification, license, designation or other approval, the department determines that cause exists, instead of revoking or refusing to renew such certification, license, designation or other approval, the department may issue an order modifying the certification, license, designation or other approval if it finds that the public interest would be better served by such action. No certificate of inspection under a license shall continue in force after the department has suspended, revoked or refused to renew such license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 17 - Transportation of Children by Ambulance; Accompaniment by Parent or Guardian; Report by EMT

Section 17. The parent or guardian of an injured or sick child who is to be transported to a hospital or other medical treatment facility by an ambulance shall be allowed to accompany such child upon such parent's or guardian's request, unless the emergency medical technician in charge determines that the medical situation is life threatening or that the presence of a parent or guardian would create a potential risk to such child. Such determination shall be noted in the written report of said emergency medical technician and a copy of such report shall be sent to such parent or guardian within 30 days of such determination.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 18 - Restraint of Patient by Emt; Written Report

Section 18. Subject to regulations and guidelines promulgated by the department, an emergency medical technician may restrain a patient who presents an immediate or serious threat of bodily harm to himself or others. Any such restraint shall be noted in the written report of said emergency medical technician.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 19 - Use of Emergency Medical Titles and Provision of Services; Prohibitions; Fines; Report to Attorney General

Section 19. (a) No person shall:
(1) establish or maintain an EMS first response service or an ambulance service or hold itself out as an EMS first response service or an ambulance service without a valid license or in violation of the terms of a valid license;
(2) operate, maintain or otherwise use or hold out any aircraft, boat, motor vehicle, or other means of transportation as an EMS vehicle without a valid certificate of inspection;
(3) provide EMS or hold oneself out as, or use the title of EMS first responder, emergency medical technician, or paramedic or the acronym EMT or any other title or acronym used by the department in the certification of emergency medical services personnel under this chapter, in violation of section 9, or other than on behalf of an EMS first response service or an ambulance service or other EMS provider duly licensed or otherwise approved under this chapter or chapter 111O;
(4) establish or maintain a trauma center, a service zone provider, or any other entity, service or operation requiring designation or approval under this chapter, or hold itself out as such without a valid designation or approval under this chapter;
(5) obstruct, bar or otherwise interfere with an inspection or investigation undertaken under authority of this chapter;
(6) knowingly make an omission of a material fact or a false statement in any application or other document filed with the department; or
(7) violate or fail to observe any requirement of this chapter, or of any regulation, guideline or order under this chapter.
(b) Whoever engages in, aids, abets, causes or permits any act prohibited under this section shall be punished by a fine of not less than $100 and not more than $1,000 for each offense. A separate and distinct offense shall be deemed to have been committed on each day during which any prohibited act continues after written notice by the department to the offender. The commissioner shall report each suspected offense to the attorney general for investigation and prosecution.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 20 - Remote Communication; Advice, Consultation, or Orders; Limitation on Liability of Physicians, Nurses, Hospitals and Ems Personnel

Section 20. No physician duly registered under section 2, 2A, or 9 of chapter 112, and no nurse duly registered under section 74 or section 76 of said chapter 112, and no hospital shall be liable in a suit for damages as a result of acts or omissions related to advice, consultation or orders given in good faith to emergency medical services personnel who are qualified under section 9 and are acting on behalf of a service duly licensed under section 6, by radio, telephone or other remote means of communication and prior to arrival of the patient at the hospital or other health care facility from which the emergency communication to the EMS personnel is made, nor shall any such EMS personnel be liable in a suit for damages as a result of their acts or omissions based upon such advice, consultation or orders by remote communication, if the such acts or omissions were made in good faith, nor shall any physician be liable in a suit for damages as a result of acts or omissions relating to the discharge of duties under this chapter, including, without limitation, duties as a medical director at the state or regional level, if such acts or omissions were made in good faith.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 21 - Ems Personnel; Good Faith Performance of Duties; Limitation on Personal Liability

Section 21. No EMS personnel certified, accredited or otherwise approved under this chapter, and no additional personnel certified or authorized under section 9, who in the performance of their duties and in good faith, render emergency first aid, cardiopulmonary resuscitation, transportation or other EMS to an injured person, a person incapacitated by illness or an injured police dog under section 9A shall be personally liable as a result of rendering such aid or services or, in the case of an emergency medical technician or additional personnel, as a result of transporting such person to a hospital or such police dog to a veterinary care facility, nor shall they be liable to a hospital or veterinary care facility for its expenses if, under emergency conditions, they cause the admission of such person or such police dog to the hospital or the veterinary care facility.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 22 - Commissioner; Waiver of Regulations or Guidelines; Conditions

Section 22. The commissioner may waive any provision of the regulations and guidelines promulgated under this chapter, subject to such terms and conditions as he may impose; provided, however, that no waiver may issue unless the commissioner has determined that such waiver (a) will result in improved quality or accessibility of EMS, (b) is in the public interest and (c) will not endanger public health or safety.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 23 - Action by Department; Adjudicatory Hearing; Written Request

Section 23. Any person subject to an action by the department to revoke, suspend, deny or take any other action with respect to any license, certification, designation or any other approval under this chapter shall, upon the filing of a written request with the department, be afforded an adjudicatory hearing pursuant to chapter 30A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 24 - Ems Regional Councils; Distribution and Use of Funds; Goals and Objectives

Section 24. Distribution and use of funds, if any, by regional councils shall be governed by rules and regulations promulgated by the department with the advice of the EMS system advisory board. Such rules and regulations shall recognize the following goals and objectives for the use and disbursement of such funds:
(1) maintenance and operation of regional emergency medical services councils;
(2) maintenance and operation of regional communication centers; and
(3) training of EMS personnel, such training to be interpreted to include initial training and recertification.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 25 - Staffing of Class I, Ii or v Ambulances

Section 25. When a class I, II or V ambulance transports a patient receiving care at the paramedic level of advanced life support the ambulance shall be staffed in accordance with regulations promulgated by the department, with a minimum of 2 emergency medical technicians, only 1 of whom shall be certified at the EMT–Paramedic level; provided, however, that the service staffing a class I, II or V ambulance may staff the ambulance with more than 1 emergency medical technician certified at the EMT–Paramedic level.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
''CLIA-waived test'', a test that the federal Centers for Medicare and Medicaid Services has determined qualifies for a Certificate of Waiver under the federal Clinical Laboratory Improvement Amendments of 1988, 42 U.S.C. § 263a.
''Clinical laboratory'', a facility or place, however named, the purpose of which is to make biological, serological, chemical, immuno-hematological, cytological, pathological or other examinations of materials derived from a human body.
''Commissioner'', the commissioner of public health.
''Company'', a corporation, partnership, limited liability company, limited liability partnership, an association, a trust or an organized group of persons, whether incorporated or not.
''Complex laboratory test'', a test which requires sophisticated technique, interpretation of multiple signals or proven technical skill. Such test shall require, but not be limited to, 1 or more of the following steps: (a) highly skilled physical manipulation; (b) technique-dependent steps in the testing, sampling or reading of results; (c) user programming of the device or devices; (d) detailed calculation of the results; (e) dilution of samples with chemically reactive substances; or (f) preparation of reagents.
''Department'', the department of public health in the executive office of health and human services.
''Exempt test'', a test which is generally noninstrumental in nature and the results of which are determined by observation of a visual signal.
''Ownership interest'', interests, including, but not limited to, any membership, proprietary interest, shares of stock in a corporation, units or other interest in a partnership, bonds, debentures, notes or other equity interest or debt instrument or co-ownership in any form.
''Person'', corporations, societies, associations, partnerships, limited liability companies, limited liability partnerships, trusts, organized group of persons, whether incorporated or not, an individual or the individual's estate upon death, any other entity, including, but not limited to, medical practice, medical office, clinic, counseling center, substance use disorder treatment program or sober house or a political subdivision of the commonwealth.
''Simple laboratory test'', a test which may require a series of steps, reagent additions or instrumentation and the results of which are generally determined by a visual signal, but which is not a complex laboratory test.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 2 - Regulatory Authority of Public Health Department

Section 2. The department shall have authority:
(1) to establish, with the advice of the advisory committee on clinical laboratories, and to enforce, requirements in addition to any prescribed in this chapter for the construction, maintenance, and utilization of clinical laboratories, including standards of performance in the examination of specimens;
(2) to require evidence of successful participation by clinical laboratories licensed under section five in proficiency testing programs, and by laboratory personnel in training programs, covering all or specific laboratory specialties and approved by the department after consultation with the advisory committee on clinical laboratories;
(3) to establish appropriate fees for the issuance and renewal of licenses;
(4) to make such reasonable classification of clinical laboratories, by category of laboratory procedures performed or nature and scope of services provided, as the department may find necessary or appropriate in the public interest;
(5) to inspect at any time any clinical laboratory and any records maintained in connection with such laboratory; provided, that a license has been issued or an application for a license has been filed under section five;
(6) to conduct investigations and adjudicatory proceedings;
(7) to conduct research and studies, to sponsor or hold educational programs, to make informational materials available to the public, and to engage in such other activities as may be necessary or appropriate for the administration or enforcement of this chapter;
(8) to make such rules, regulations, as may be necessary or appropriate for the administration or enforcement of this chapter; and
(9) to classify, with the advice of the advisory committee on clinical laboratories, laboratory tests as exempt, simple or complex, for purposes of licensing physician clinical laboratories.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 3 - Advisory Committee

Section 3. There shall be within the department an advisory committee on clinical laboratories, to advise the department, as provided in section two, on the administration of this chapter. Such committee shall consist of twelve members, to be appointed by the commissioner, as follows: four persons, two physicians and two nonphysicians, who meet the requirements for confirmation as a clinical laboratory director; one other physician not a clinical laboratory director; one medical laboratory technologist; one chief executive officer of a hospital licensed by the department; and five non-providers of health services, one of whom shall be a member of the Massachusetts Bar and one a representative of manufacturers of clinical laboratory technology. Each member of the committee shall serve without compensation for a term of three years, or until his successor is appointed; provided, that no member shall serve more than two consecutive terms. A chairman of the committee shall be elected annually from the membership.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 4 - Licensing Requirements; Exemptions

Section 4. No person shall maintain a clinical laboratory in the commonwealth apart from a hospital or clinic licensed under section 51 of chapter 111, unless the person holds, and there is in effect, a license issued under section 5; provided, however, that the licensing requirement of this section shall not apply to: (a) a clinical laboratory maintained by not more than 2 licensed physicians exclusively in connection with the diagnosis and treatment of the physician's own patients; provided, that: (i) the physician or the physician's assistant under the direct supervision of such physician performs all testing; and (ii) the clinical laboratory performs only laboratory tests which the commissioner, with the advice of the advisory committee on clinical laboratories, has determined to be exempt from licensure; (b) a clinical laboratory maintained by 3 or more licensed physicians exclusively in connection with the diagnosis and treatment of the physician's own patients; provided, that: (i) the physician or the physician's assistant under the direct supervision of such physician performs all testing; and (ii) the clinical laboratory performs only laboratory tests which the commissioner, with the advice of the advisory committee on clinical laboratories, has determined to be exempt from licensure; (c) a clinical laboratory performing only CLIA-waived tests; provided, that clinical laboratories performing non-CLIA waived tests in addition to CLIA-waived tests must obtain a clinical laboratory license; (d) a clinical laboratory maintained exclusively for research and teaching purposes and not providing reports for diagnosis and treatment of patients or for a public health purpose; (e) any laboratory with respect to tests or other procedures made by it for any person engaged in the business of insurance if made for purposes of determining whether to write an insurance contract or determining eligibility or continued eligibility thereunder, or for the examination of its employees or officers; or (f) any laboratory maintained exclusively for a health promotion screening program, as defined in regulations of the department, which does not provide reports for diagnosis or treatment of patients and which meets standards for such program established by the department. No provision of this chapter other than section 6 shall apply to any agency of the commonwealth, nor shall any provision of this chapter relative to licensing apply to any hospital or clinic licensed under section 51 of chapter 111.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 6 - Infectious Disease Reports; Confidential Information

Section 6. The department may require the reporting of any infectious disease found in the examination of specimens at clinical laboratories if, in its opinion, reporting of such disease is necessary to protect or promote the public health. Every person who and every agency which maintains a clinical laboratory shall report evidence of any infectious disease found in the course of the examination of specimens, if so required by the department, in such form, manner, and detail and within such time as the department shall prescribe. Reports made under this section shall not be considered as constituting a diagnosis nor shall any person making a report pursuant to this section be held liable in a civil proceeding for having violated a trust or confidential relationship. Notwithstanding section ten of chapter sixty-six, every such report shall be kept confidential by the department and its employees and agents and shall not be subject to the inspection, examination, or copying by any other agency of government or by any other person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 8a - Examination of Specimen Derived From Human Body Prohibited by Clinical Laboratory in Which Person or Company, or Any of Its Owners, Directors, Partners, Employees or Family Members Have Direct or Indirect Ownership Interest

Section 8A. No person or company shall knowingly refer, request, order or send any specimen derived from the human body for examination to a clinical laboratory in which the person or company, or any of its owners, directors, partners, employees or family members thereof have a direct or indirect ownership interest. This section shall not apply to: (i) a clinical laboratory owned by a licensed physician or group of licensed physicians and used exclusively in connection with the diagnosis and treatment of the physician's or group of physicians' own patients and where all testing is performed by or under the direct supervision of said physician or group of physicians; (ii) a hospital or clinic licensed under section 51 of chapter 111 used exclusively in connection with the diagnosis or treatment of the hospital's or clinic's own patients; or (iii) any case exempted under subsections (b) to (d), inclusive, of 42 U.S.C. section 1395nn or specifically permitted by regulations or rules of the United States Secretary of Health and Human Services, the federal Centers for Medicare or Medicaid Services, the executive office of health and human services or the executive office for administration and finance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 9 - Correction of Deficiencies; Orders

Section 9. Whenever the department finds upon inspection, or through information in its possession, that a clinical laboratory licensed under this chapter is not in compliance with a requirement prescribed in or established under this chapter, it may by order require the licensee to correct such deficiency. Every correction order shall include a statement of the deficiencies found, the provisions of law relied upon, and the period prescribed for correction, which shall be reasonable and, except in an emergency declared by the commissioner, not less than thirty days after receipt of such order. Within ten days of receipt, the affected licensee may file a written request with the department for administrative reconsideration of the order or any portion thereof. Failure by the department to grant, deny, or otherwise act upon a written request within ten days after filing shall be deemed a denial.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 10 - Unreliable Reports of Examinations; License Modification

Section 10. Whenever the department finds upon inspection, or through information in its possession, that a clinical laboratory, licensed under this chapter is not able to provide or is not providing reliable reports of examinations pursuant to the terms of such license, it may by order modify any term of such license as it deems necessary to enable the laboratory to provide reliable reports of examinations. Every license modification order shall include a statement of the reasons for modification, the provisions of law relied upon, and the date fixed for compliance, which date shall be reasonable and, except in an emergency declared by the commissioner, not less than thirty days after receipt of such order.
Except in the case of a license modification imposed as a sanction after hearing under section eleven, a licensee in receipt of an order shall have the opportunity for a hearing under the provisions of chapter thirty A. If after hearing the licensee establishes that the order, or any portion thereof, is not warranted, the department shall rescind or qualify such order, as appropriate. The filing of a request for a hearing shall not operate as a stay of the compliance date of a license modification order, but the department shall stay the compliance date upon written request, except to the extent that a stay would jeopardize the public health or public safety.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 11 - Revocation of or Administrative Sanctions Upon License

Section 11. The department may revoke the license issued under section five or impose other appropriate administrative sanction upon a license, or both, for conduct by or chargeable to him as follows:
(1) failure to observe any term of such license;
(2) failure to meet any requirement for such license established under section five;
(3) failure to observe any order made under authority of this chapter or under other statutory authority vested in the department;
(4) engaging in, or aiding, abetting, causing, or permitting, any action prohibited under section eight; or
(5) other proper cause set forth in regulations made under this chapter.
Before sanctioning a licensee, the department shall give such licensee notice of the charges against him, the provisions of law relied upon, and the proposed sanction, and shall afford him the opportunity for a hearing under the provisions of chapter thirty A. Where, after hearing, the department finds that cause exists for imposition of a sanction, it need not impose the sanction proposed but may instead impose a lesser sanction if, in its judgment, a lesser sanction is appropriate in the circumstances. In the event revocation is imposed, the licensee shall be permitted a reasonable period in which to cease operation, but in no case less than thirty days after notice of the decision of the department.
Notwithstanding any other provision of this section, the commissioner may, at any time upon notice to the licensee, whether a hearing has been first commenced or not, suspend his licensee or issue such other preliminary order as the commissioner considers appropriate for the protection of the health or safety of the public if he should find that either is in jeopardy; provided, that a hearing shall be commenced within five days after such notice in any case of suspension without a prior hearing unless the licensee shall request a postponement. The finding of the commissioner shall be included in such notice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 12 - Complaints by Department; Jurisdiction

Section 12. The department, in its own name, may bring a complaint in the superior court or supreme judicial court to enforce compliance with this chapter or any rule, regulation, or order made under this chapter, whenever it shall appear that any person has engaged in, is engaging in, or is about to engage in an act or practice in violation of this chapter or of any rule, regulation, or order made under this chapter, or whenever it shall appear that any person has aided, abetted, caused or permitted, is aiding, abetting, causing or permitting, or is about to aid, abet, cause or permit such an act or practice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 13 - Violations; Penalties

Section 13. (a) No individual shall: (i) maintain a clinical laboratory in the commonwealth without a license in violation of section 4; (ii) maintain a clinical laboratory in violation of the terms of a license issued under section 5; (iii) engage in, aid, abet, cause or permit any act prohibited under section 8; or (iv) refer, request, order or send any specimen derived from the human body in violation of section 8A. A violation of this subsection, shall be punished by imprisonment for not more than 5 years in state prison, or by imprisonment in a jail or house of correction for not more than 21/2 years, or by a fine of not more than $10,000 or by both such fine and imprisonment. The commissioner shall transmit to the attorney general evidence of an offense, which is in the department's possession.
(b) If a person or company violates clause (17) of section 8 or section 8A, the attorney general may bring a civil action, either in lieu of or in addition to a criminal prosecution, and may recover a civil penalty of not less than $5,000 and not more than $10,000 per violation, plus 3 times the amount of damages sustained, including consequential damages. A person violating clause (17) of section 8 or section 8A shall be liable to the commonwealth for the expenses of the civil action brought to recover any such penalty or damages, including, but not limited to, reasonable attorney's fees, reasonable expert's fees and the costs of investigation. No action shall be brought under this section more than 6 years after it accrues. The commissioner shall transmit to the attorney general such evidence of an offense as the department may have in its possession.
(c) A person or company that solicits, offers or enters into a referral arrangement or scheme with a clinical laboratory which the person or company knows or should know has a principal purpose of assuring referrals by the person or company to a particular clinical laboratory which, if the person or company directly made referrals to such clinical laboratory, would be in violation of clause (17) of section 8 or section 8A, shall be liable to the commonwealth for a civil penalty of not more than $100,000 for each referral arrangement or scheme plus 3 times the amount of damages sustained, including consequential damages. No action shall be brought under this section more than 6 years after it accrues. The commissioner shall transmit to the attorney general such evidence of an offense as the department may have in its possession.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111d - Clinical Laboratories › Section 14 - Disclosure of Ownership Interests; Penalty for Violation

Section 14. The department shall require all clinical laboratories to disclose any ownership interests in writing to the department every 2 years. The disclosure shall contain the name and ownership interest of the disclosing person or company, as well as the names and all ownership interests of all other parties with an ownership interest in the clinical laboratory. A copy of the disclosure shall be provided by the clinical laboratory to the attorney general. Any person who fails to provide such disclosure shall be subject to a fine not exceeding $5,000 by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 2 - Division of Drug Rehabilitation; Director; Duties; Appointments; Employees

Section 2. There shall be in the department a division of drug rehabilitation. The division shall take cognizance of all matters affecting drug dependency in the commonwealth. The director shall be the chief administrative and executive officer of the division. He shall administer the rules and regulations of the division and shall prepare proposed rules and regulations for the consideration of the commissioner. He shall submit annually to the commissioner a report containing recommendations for legislation relating to drug dependency.
The approval of the commissioner shall be required for any budgetary request of the division, the planning and construction of facilities by the division, any exercise of the power of eminent domain by the division, all contracts and agreements entered into by the division relating to the use and occupation of real property, and any application by the division for a grant or loan from the federal government.
The director shall, subject to the approval of the commissioner, appoint the administrator of each facility operated by the division pursuant to this chapter. Each such administrator shall be a person qualified by training and experience to operate a facility for the treatment of drug dependent persons or persons in need of immediate assistance due to the use of a dependency related drug.
The director may, subject to the approval of the commissioner, appoint such hearings officers as may be necessary. Hearings of the division shall be conducted by the director or a hearings officer. The director may also, subject to the approval of the commissioner, establish such other positions and employ such additional personnel and consultants as he may consider appropriate to carry out the provisions of this chapter. The provisions of chapter thirty-one shall not apply to the director, physicians, psychiatrists, and psychologists who have full medical, psychiatric or psychological responsibility, whichever is applicable, as opposed to administrative responsibility, or to nurses; provided, however, that all persons so employed and all positions established which, as a condition of receiving federal grants for programs and activities to which federal standards for a merit system of personnel administration relate, make necessary the application of the provisions of the civil service law shall be subject to the provisions of chapter thirty-one if such federal standards are uniform in all states.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 4 - Comprehensive Plan for the Treatment of Drug Dependent Persons

Section 4. The director shall, subject to the approval of the commissioner, prepare and submit to the governor, and from time to time amend, a comprehensive plan for the treatment in public, private, and federal facilities of drug dependent persons and persons in need of immediate assistance due to the use of a dependency related drug. The director, in developing such plan, shall consult with officials of appropriate departments or agencies of the federal government and the commonwealth and its political subdivisions, and private organizations and individuals with a view toward providing coordinated and integrated services on the community level. The plan shall include a detailed estimate of the cost of its implementation and of the extent to which funds, property or services may be available from the commonwealth or any of its political subdivisions, the federal government or any private source.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 5 - Comprehensive Program for Treatment of Drug Dependent Persons; Treatment Facilities; Annual Report; List of Facilities

Section 5. The division shall establish a comprehensive program for the treatment of drug dependent persons and persons in need of immediate assistance due to the use of a dependency related drug. The director, subject to the approval of the commissioner, shall divide the commonwealth into not less than four nor more than ten regions for the conduct of said program and shall establish standards for the development of the program on the regional level. In establishing such regions, consideration shall be given to city, town and county lines, population concentrations, the areas established by the department of mental health pursuant to section twelve of chapter nineteen, and any relevant uniform rules and regulations promulgated by the commissioner of administration and finance.
The program of the division shall include provision for at least the following:
(a) Facilities wherein treatment is available to persons in need of immediate assistance due to the use of a dependency related drug;
(b) Facilities wherein inpatient treatment is available which shall, to the extent appropriate and possible, be affiliated with and constitute an integral part of the medical service of a general hospital;
(c) Facilities wherein outpatient treatment is available;
(d) Facilities wherein residential aftercare is available, such as in halfway houses;
(e) Penal facilities.
The department shall provide sufficient treatment facilities, public or private, for the treatment of drug dependent persons committed or admitted pursuant to the provisions of this chapter.
The division shall maintain, supervise and control all facilities operated by it pursuant to this chapter and all such facilities shall be staffed with an adequate number of qualified and trained personnel. The administrator of each such facility shall make an annual report of its activities to the director in such form and manner as the director deems appropriate.
All appropriate resources, particularly community mental health centers, shall be coordinated with and utilized in the program whenever possible.
The director shall prepare and publish annually a list of all facilities, including federal facilities, operating in accordance with this chapter and shall make it available to all district and superior court judges within the commonwealth on an annual basis and to members of the public upon request. Such list shall include, but not be limited to the following:
(a) eligibility for treatment
(b) scope of treatment offered
(c) applicability facility fees
(d) last known patient capacity
(e) facilities for emergency treatment
Notices shall be sent quarterly by the director to all district and superior court judges within the commonwealth containing updated information on such list. Said notices shall also state the last known waiting period for admission to each facility.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111e - Drug Rehabilitation › Section 9 - Emergency Treatment

Section 9. Any facility may afford emergency treatment to a drug dependent person or a person in need of immediate assistance due to the use of a dependency related drug if the person requests such treatment. The term of emergency treatment shall not exceed forty-eight hours without compliance with the provisions of section eight relating to procedures for admission to a facility; provided, however, that if prior to the termination of the emergency treatment period the person applies for admission pursuant to section eight, he may, in the discretion of the administrator, continue to receive treatment at the facility while his application is under consideration.