reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110g - Uniform Electronic Transactions › Section 15 - When Electronic Record Is Sent and Received; Location; Knowledge; Documentation

Section 15. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:—
(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) is in a form capable of being processed by that system; and
(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) it is in a form capable of being processed by that system.
(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is considered to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules shall apply:—
(1) If the sender or recipient has more than 1 place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110g - Uniform Electronic Transactions › Section 17 - Creation, Maintenance and Preservation of Electronic Records by Executive Department Agencies and Other Government Agencies

Section 17. (a) The supervisor of records under section 1 of chapter 66 and clause Twenty-sixth of section 7 of chapter 4, the records conservation board under section 42 of chapter 30, and the information technology division under section 7 of chapter 4A, shall determine whether, the extent to which and the manner by which each executive department agency shall create, maintain and preserve electronic records, signatures and contracts and the method of converting paper government records to electronic format. Nothing in this chapter shall affect the existing authority of the supervisor of records, the records conservation board or the information technology division under the cited sections.
(b) The supervisor of records under section 1 of chapter 66 and clause Twenty-sixth of section 7 of chapter 4, and the records conservation board under section 42 of chapter 30, shall determine whether, the extent to which and the manner by which each government agency not in the executive department, nor in the legislative or judicial departments, shall create, maintain and preserve electronic records, signatures and contracts and the method of converting paper government records to electronic format.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110g - Uniform Electronic Transactions › Section 18 - Promotion of Consistency and Interoperability Among Governmental Agencies and Nongovernmental Persons; Standards

Section 18. The chief information officer and the supervisor of records shall encourage and promote consistency and interoperability with other governmental agencies and nongovernmental persons. If appropriate, they may specify differing levels of standards from which governmental agencies of the commonwealth may choose in implementing the most appropriate standard for a particular application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 2 - Restrictions on Registration

Section 2. A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(1) consists of or comprises immoral, deceptive or scandalous matter;
(2) consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute;
(3) consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof;
(4) consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent; or
(5) consists of a mark which:—
(i) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them,
(ii) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or
(iii) is primarily merely a surname, provided, however, that nothing in this clause shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in the commonwealth for the 5 years before the date on which the claim of distinctiveness is made; or
(6) consists of or comprises a mark which so resembles a mark registered in the commonwealth or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 3 - Application for Registration

Section 3. (a) Subject to the limitations set forth in this chapter, a person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information:—
(1) the name and business address of the person applying for the registration; and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary,
(2) the goods or services in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with the goods or services and the class in which the goods or services fall,
(3) the date when the mark was first used anywhere and the date when it was first used in the commonwealth by the applicant or a predecessor in interest, and
(4) a statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in the commonwealth, or has the right to use the mark either in the identical form thereof or in near resemblance thereto as to be likely, when applied to the goods or services of the other person, to cause confusion, or to cause mistake, or to deceive.
(b) The secretary may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefore.
(c) The secretary may also require that a drawing of the mark accompany the application complying with requirements as the secretary may specify.
(d) The application shall be signed and verified, by oath, affirmation or declaration subject to perjury laws, by the applicant or by a member of the firm or an officer of the corporation or association applying.
(e) The application shall be accompanied by 3 specimens showing the mark as actually used.
(f) The application shall be accompanied by the application fee payable to the secretary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 4 - Conformity of Application With Chapter; Additional Information; Disclaimer of Unregisterable Components; Amendments; Refusal of Registration

Section 4. (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this chapter.
(b) The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may make, or authorize the secretary to make, amendments to the application as may be reasonably requested by the secretary or considered by applicant to be advisable to respond to any rejection or objection.
(c) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter be or shall have become distinctive of the applicant's or registrant's goods or services.
(d) Amendments may be made by the secretary upon the application submitted by the applicant upon applicant's agreement; or a fresh application may be required to be submitted.
(e) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until:—
(i) the secretary finally refuses registration of the mark, or
(ii) the applicant fails to reply or amend within the specified period, whereupon the application shall be considered to have been abandoned.
(f) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel the registration. The writ may be granted, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
(g) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior filed application is granted a registration, the other application or applications shall then be rejected. A rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of section 9.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 5 - Certificate of Registration; Issuance; Admissibility in Evidence

Section 5. (a) Upon compliance by the applicant with the requirements of this chapter, the secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of the commonwealth, and it shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership, the commonwealth in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in the commonwealth, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
(b) A certificate of registration issued by the secretary under this chapter or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of the mark in any actions or judicial proceedings in any court of the commonwealth. Registration of or renewal of a mark provided by this chapter shall be constructive notice of the registrant's claim of ownership thereof and shall, when introduced in any action, be prima facie evidence of the registrant's exclusive right to use the registered mark in this commonwealth on goods or services specified in the registration subject to any conditions or limitations stated therein, but shall not preclude an opposing party from proving any legal or equitable defense or defect which might have been asserted if the mark had not been registered.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 6 - Effective Term; Renewal

Section 6. (a) A registration of mark hereunder shall be effective for a term of 5 years from the date of registration and, upon application filed within 6 months before the expiration of the term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration.
(b) A registration may be renewed for successive periods of 5 years in like manner.
(c) A registration in force on the date on which this chapter shall become effective shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the renewal fee therefor within 6 months before the expiration of the registration.
(d) All applications for renewal under this chapter, whether of registrations made under this chapter or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 7 - Assignment of Marks and Registration; Recording

Section 7. (a) A mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within 3 months after the date thereof or before the subsequent purchase.
(b) A registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee, a new certificate or registration for the remainder of the term of the registration or last renewal thereof.
(c) Other instruments which relate to a mark registered or application pending pursuant to this chapter, such as, by way of example, licenses, security interests or mortgages, may be recorded in the discretion of the secretary, provided that the instrument is in writing and duly executed.
(d) Acknowledgement shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution.
(e) A photocopy of any instrument referred to in subsection (a), (b) or (c), shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 9 - Cancellation of Registration

Section 9. (a) The secretary shall cancel from the register, in whole or in part:—
(1) a registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(2) registrations granted under this chapter and not renewed in accordance with the provisions hereof;
(3) a registration concerning which the superior court shall find:—
(i) that the registered mark has been abandoned,
(ii) that the registrant is not the owner of the mark,
(iii) that the registration was granted improperly,
(iv) that the registration was obtained fraudulently,
(v) that the mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered,
(vi) that the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; but, should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including the commonwealth, the registration hereunder shall not be cancelled for the area of the state, or
(4) when the superior court shall order cancellation of a registration on any ground.
[There is no subsection (b).]
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 10 - Classification of Goods and Services; Rules and Regulations

Section 10. The secretary shall by regulation establish a classification of goods and services for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 11 - Fraudulent Procurement of Registration; Damages

Section 11. A person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under this chapter, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the party injured thereby in a court of competent jurisdiction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 12 - Use or Counterfeit of Marks Without Consent of Registrant

Section 12. Subject to section 16, a person who shall:—
(i) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which the use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(ii) reproduce, counterfeit, copy or colorably imitate the mark and apply the reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in the commonwealth of such goods or services; shall be liable in a civil action by the registrant for the remedies provided in section 14, except that under clause (ii) of this section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 13 - Injunctive Relief

Section 13. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 14 - Actions for Counterfeit or Imitation Marks; Injunctions; Damages

Section 14. (a) An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and the superior court may grant injunctions to restrain the manufacture, use, display or sale as may be considered by the court as just and reasonable, and may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display or sale; and the court may also order that the counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed 3 times the profits and damages and reasonable attorneys' fees of the prevailing party in the cases where the court finds the other party committed wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b) The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110h - Registration and Protection of Trademarks › Section 15 - Actions to Require Cancellation or to Compel Registration

Section 15. (a) Actions to require cancellation of a mark registered pursuant to this chapter or in mandamus to compel registration of a mark pursuant to this chapter shall be brought in the superior court. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall have the right to intervene in the action.
(b) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under section 15 of chapter 181, regardless of whether the nonresident is a natural person or other juristic person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 2c - Pollution Violations; Orders of Department of Environmental Protection

Section 2C. The commissioner of environmental protection or his designee may issue orders in the name of the department of environmental protection upon witnessing or being presented proof of the violation of any statute, rule, regulation or code which the said department is authorized to enforce relative to pollution. Such orders shall have the same force and effect as any rule or regulation promulgated by said department and any such order may be revoked by said department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 2d - Massachusetts State Health HIV and Hepatitis Fund; Definitions

Section 2D. As used in sections 2D to 2F, inclusive, the following words shall, have the following meanings, unless the context clearly indicates otherwise:—
''AIDS'', acquired immune deficiency syndrome associated with HIV.
''AIDS advisory board'', the board established pursuant to section 2F.
''Education'', efforts to inform the public or groups within the public who are seropositive or at high risk of HIV or viral hepatitis infection with targeted information directed specifically at decreasing the incidence of unsafe behavior associated with the transfer of the HIV virus and viral hepatitis.
''Experimental treatment'', treatment for viral hepatitis, HIV infection or its associated illnesses which has not yet been approved for general use by an appropriate agency of the federal government.
''Fund'', the Massachusetts State Public Health HIV and Hepatitis Fund established pursuant to section 35R of chapter 10.
''HIV'', the human immunodeficiency virus associated with AIDS.
''Research'', scientific study conducted through community-based efforts to determine the effectiveness of drug and non-drug therapies in combatting viral hepatitis, HIV infection and its associated illness, including research into the effectiveness of educational methods and materials.
''Seropositive'', the status of having tested positive for HIV or viral hepatitis antibodies.
''Treatment'', such treatment as is approved by appropriate agencies of the United States government for viral hepatitis, HIV infection or its associated illnesses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 2e - Massachusetts State Public Health and Hepatitis Fund; Expenditures

Section 2E. The commissioner may expend amounts contained in the fund, with the advice and under the guidance of the AIDS advisory board, solely for research treatment, experimental treatment and education related to viral hepatitis, HIV infection or its associated illnesses. Expenditures from the fund for such purposes shall complement and not replace existing local, state or federal viral hepatitis or AIDS–related funding. The commissioner shall determine, with the advice and under the guidance of the AIDS advisory board, appropriate educational efforts to fund. The commissioner, after consultation with the AIDS advisory board, shall develop a list of research priorities and protocols. The commissioner shall make a priority of researching those drug and non-drug therapies that are not made generally available through federal and other state programs and shall prioritize those therapies that show the most promise of combatting viral hepatitis, HIV infection or its associated illnesses.
Not more than 6 per cent of the amounts held in the fund in any 1 year shall be used for administration of the fund; provided, however, that this shall not preclude the appropriation from the General Fund of additional amounts to support the administration of the fund. Notwithstanding any general or special law or regulation to the contrary, the commissioner may develop, with the advice of the AIDS advisory board, procedures for accepting proposals for implementing a purpose of the fund as set forth in this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 2f - Massachusetts AIDS Advisory Board; Membership

Section 2F. There shall be an AIDS advisory board constituted for the general purpose of making recommendations to the commissioner concerning the administration and allocation of the fund, and performing any other functions specifically granted to it by law.
The commissioner shall have the authority to appoint all members of the AIDS advisory board, which shall consist of no more than nineteen members, and shall include the following: two persons with AIDS; two persons with AIDS–related complex; two persons who are sero-positive; six persons each who have demonstrable experience in providing AIDS related direct services to persons who are at risk of HIV infection or who are sero-positive, one of whom has experience with persons of African–American heritage, one of whom has experience with persons of Hispanic heritage, one of whom has experience with persons of Haitian origin; one of whom has experience with persons who are intravenous drug users, one of whom has experience with local, state or federal prisoners, and one of whom has experience with gay men; a sociologist who has demonstrable experience in neighborhood based AIDS–related education or research; an epidemiologist who has demonstrated experience in neighborhood based AIDS–related research or treatment; a pediatrician with demonstrable experience in treating children with the HIV infection or related illnesses; and a representative of the AIDS Action Committee of Massachusetts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 2h - Prevention and Wellness Advisory Board

Section 2H. There shall be a Prevention and Wellness Advisory Board to make recommendations to the commissioner concerning the administration and allocation of the Prevention and Wellness Trust Fund established in section 2G, establish evaluation criteria and perform any other functions specifically granted to it by law.
The board shall consist of: the commissioner of public health or a designee, who shall serve as chairperson; the house and senate chairs of the joint committee on public health; the house and senate chairs of the joint committee on health care financing; the executive director of the institute of health care finance and policy established in chapter 12C or a designee; the secretary of health and human services or a designee; and 14 persons to be appointed by the governor, 1 of whom shall be a person with expertise in the field of public health economics; 1 of whom shall be a person with expertise in public health research; 1 of whom shall be a person with expertise in the field of health equity; 1 of whom shall be a person from a local board of health for a city or town with a population greater than 50,000; 1 of whom shall be a person of a board of health for a city or town with a population of fewer than 50,000; 2 of whom shall be representatives of health insurance carriers; 1 of whom shall be a person from a consumer health organization; 1 of whom shall be a person from a hospital association; 1 of whom shall be a person from a statewide public health organization; 1 of whom shall be a representative of the interest of businesses; 1 of whom shall administer an employee assistance program; 1 of whom shall be a public health nurse or a school nurse; and 1 of whom shall be a person from an association representing community health workers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 2i - Substance Abuse Services Fund

Section 2I. (a) There shall be established and set up on the books of the commonwealth a Substance Abuse Services Fund to be expended, without further appropriation, by the department of public health. The commissioner of public health shall, as trustee, administer the fund. The fund shall consist of revenues collected by the commonwealth including: (i) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (ii) any funds from public and private sources, including gifts, grants and donations to provide substance use disorder treatment services; (iii) any interest earned on such revenues; and (iv) any funds provided from other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) All expenditures from the fund shall support the expansion of substance use disorder treatment services including, but not limited to: (i) detoxification services; (ii) clinical stabilization services; (iii) residential treatment services; (iv) outpatient treatment services; (v) counseling; (vi) promoting the access of primary care providers, including nurse practitioners and physician assistants, to available, trained and certified addiction physician specialists for consultation or referral; and (vii) educating primary care providers, including nurse practitioners and physician assistants, about addiction prevention and treatment and encouraging primary care physicians, nurse practitioners and physician assistants to screen for signs of substance abuse.
(c) In making expenditures from the fund, the commissioner shall prioritize: (i) treatment methods that are evidence-based and cost effective; (ii) ensuring substance use disorder treatment access to historically underserved populations; and (iii) availability of a continuum of services and care for clients entering substance use disorder treatment at any level.
(d) The commissioner of public health shall report quarterly to the executive office for administration and finance, the joint committee on mental health and substance abuse and the house and senate committees on ways and means on: (i) the way funds were spent in the previous quarter including, but not limited to, an itemized accounting of the goods and services that were procured; (ii) an accounting of substance use disorder services provided by the fund, broken down by month and type of service, from 2011 to the current quarter, inclusive; (iii) the number of clients served, by month and type of service, by the goods and services procured in the previous quarter; (iv) amounts expended by type of service for each month in the prior quarter; and (v) procurement and service goals for the subsequent quarter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 2j - Public Health Grant Trust Fund

Section 2J. There shall be a Public Health Grant Trust Fund. The commissioner shall administer the fund to collaborate with nonprofit organizations to participate in competitive grant opportunities that further the mission of the department.
There shall be credited to the fund money received from public and private sources to support public health competitive grant opportunities. Amounts credited to the fund shall not be subject to further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
Annually, not later than January 1, the commissioner shall report on the activities of the fund to the clerks of the house of representatives and senate and to the chairs of the house and senate committees on ways and means. The report shall include: (i) an accounting of money received by the fund broken down by funding source; (ii) a description of the competitive grant opportunities and whether a competitive grant opportunity is in collaboration or partnership with a nonprofit organization; (iii) an accounting of money expended from the fund broken down by recipient; (iv) the amount of any unexpended balance; and (v) a description of anticipated competitive grant opportunities applied or expected to be applied to in the upcoming calendar year and whether the competitive grant opportunity is in collaboration or partnership with a nonprofit organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 3 - Public Health Council; Hearings, Intervention

Section 3. The council shall make and promulgate rules and regulations, take evidence in appeals, consider plans and appointments required by law, hold hearings, and discharge other duties required by law; but it shall have no administrative or executive functions. Hearings of the department may be held by the commissioner, or his designee or the hearings officer if so authorized by the commissioner, or by the hearings officer as provided in section seventy-one with respect to a refusal to renew or revocation of a license of a convalescent or nursing home, rest home or charitable home for the aged. The secretary of elder affairs or his designee may intervene on behalf of a resident or residents or the owner or administrator of a convalescent or nursing home, rest home, infirmary maintained in a town, or a charitable home for the aged in any proceedings before the council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 3a - Board of Trustees of Massachusetts Hospital School; Appointment

Section 3A. There shall be a board of trustees, to be known as the board of trustees of the Massachusetts hospital school, serving in the department and consisting of five persons. The governor, with the advice and consent of the council, shall annually appoint a member of the board, who shall serve for five years beginning on the first Monday in December in the year of his appointment and until his successor is qualified.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 4 - Health Districts; District Health Officers; Enforcement of Laws in Districts

Section 4. The commissioner, with the approval of the council, shall from time to time divide the state into not more than eight health districts. He may from time to time order two or more district health officers to work in one district, in order to study, suppress or prevent disease. Each district health officer shall act as the representative of the commissioner, and under his direction shall secure the enforcement within his district of the laws and regulations relating to public health. He shall have the powers and perform the duties set forth in this chapter, and, under the direction of the commissioner, shall perform such other duties as he may prescribe.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 4e - Program to Combat Intellectual Disabilities in Children

Section 4E. The department of public health is hereby authorized and directed to establish a program to combat intellectual disability in children suffering from a genetic effect causing phenylketonuria. The said program may be conducted in conjunction with any foundation or scientific organization, hospital or medical school or with an agency of the federal government. The department may accept for such purpose any special grant of money, services or property from the federal government or any of its agencies or from any such foundation, organization or medical school.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 4f - Advisory Council on Radiation Protection

Section 4F. There shall be an advisory council on radiation protection consisting of the commissioners of public health, labor and industries, public safety, and administration, the personnel administrator, the director of civil defense, and six persons to be appointed by the governor, of whom two shall hold the degree of doctor in medicine or dental medicine and shall be specialists in the field of ionizing radiation injuries, one shall have training or experience in radiology, one in radiation or health physics, one in radiation law, and one in nuclear engineering or in the industrial application of ionizing radiation. Upon the expiration of the term of office of an appointive member, his successor shall be appointed in like manner for a term of six years. One of the appointive members shall be designated chairman of the council by the governor. The members of the council shall serve without compensation and shall not be reimbursed for any expenses incurred by them in the performance of their duties.
The advisory council shall meet at least twice a year at the call of the chairman or by vote of a majority of the members of the council. It may hold public hearings but shall not have the power to summon witnesses nor to require the production of books, records and papers. It shall consider and make recommendations to the governor, the general court, and the various departments of the executive branch as to the development, growth, and status of all substances, things, and apparatus within the commonwealth capable of emitting ionizing radiation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 4g - Epileptics; Program for Care, Treatment and Rehabilitation

Section 4G. The department shall establish, in one or more institutions under its control, a program for the care, treatment and medical rehabilitation of persons suffering from epilepsy and shall disseminate such information relative to the management of convulsive disorders as it considers proper. The department may accept for such purposes and for research into the causes of convulsive disorders any special grant of money, services or property from the federal government or any of its agencies or from any foundation, organization or medical school.
The department shall cooperate with the Massachusetts rehabilitation commission in developing vocational rehabilitation programs for epileptics.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 4h - Chronic Renal Diseases; Care and Treatment; Agreements

Section 4H. The department is hereby authorized, subject to appropriation, to establish and maintain services for the treatment and care of persons suffering from chronic renal diseases within the commonwealth.
The department may enter into such agreements with community hospitals and other health, welfare and rehabilitation agencies as are necessary to carry out the purposes of this section. The department may enter into agreements with out-of-hospital dialysis units licensed under the provisions of section fifty-one A for the care and treatment of persons suffering from renal disease; provided, that said units are licensed and operated pursuant to the rules and regulations of the department relative to out-of-hospital dialysis units; and, provided further, that any such agreement with an out-of-hospital dialysis unit be made in conjunction with a facility operated by the department which provides in-patient care and treatment for persons suffering from renal disease. Any payment made by the department or any other agency of the commonwealth to an out-of-hospital dialysis unit with which an agreement has been made in accordance with the provisions of this section shall be subject to the provisions of sections thirty K to thirty P, inclusive, of chapter seven and shall in no case be in excess of any applicable rate determined by the executive office of health and human services, or a governmental unit designated by the executive office or any successor agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 4i - Erythroblastosis Fetalis; Prevention; Rules and Regulations

Section 4I. The department is hereby authorized to establish, promote, and administer a statewide program for the prevention of erythroblastosis fetalis, and may produce and distribute as much anti–Rh gamma globulin as it deems necessary for such purpose.
The department may contract with any agency, public, private, or federal, and may adopt and promulgate such rules and regulations as are necessary to carry out the purposes of this section.