reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111j - Alcohol and Drug Counselors › Section 1 - Definitions

Section 1. As used in this section and in sections 2 to 8, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:
''Approved continuing education'', continuing education approved by the department, including research and training programs, college and university courses, in-service training programs, seminars and conferences designed to maintain and enhance the skills of alcohol and drug counselors.
''Approved program'', a program approved by the department for the education and training of alcohol and drug counselors.
''Approved work experience'', supervised work experience, approved by the department, in alcohol and drug abuse treatment, intervention and prevention.
''Department'', the department of public health.
''Licensed alcohol and drug counselor I'', a person licensed by the department to conduct an independent practice of alcohol and drug counseling and to provide supervision to other alcohol and drug counselors. A licensed alcohol and drug counselor I shall have received a master's or doctoral degree in behavioral sciences, including a supervised counseling practicum which meets the requirements established by the department or such equivalent educational credits as may be established by the department, shall have at least three years of approved work experience and shall have passed a licensing examination approved by the department.
''Licensed alcohol and drug counselor II'', a person licensed by the department to practice alcohol and drug counseling under clinical supervision. A licensed alcohol and drug counselor II shall have completed an approved program of education, including a supervised counseling practicum which meets the requirements established by the department or such equivalent educational credits as may be established by the department, shall have at least three years of approved work experience and shall have passed a licensing examination approved by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111j - Alcohol and Drug Counselors › Section 2 - Duties of Department

Section 2. The department shall establish the requirements for the licensing of alcohol and drug counselors practicing in the commonwealth, evaluate the qualifications of applicants, supervise licensing examinations, collect fees established for licensing and examination, grant and issue licenses to alcohol and drug counselors who satisfy the department's requirements for licensing, require and establish continuing education requirements, investigate complaints and take appropriate disciplinary action to protect the public health, safety and welfare.
The department shall establish requirements for licensed alcohol and drug counselors I and II and may establish other reasonable classifications for alcohol and drug counselors as it finds necessary and appropriate, taking into consideration different levels of education, training and work experience.
The department shall approve and issue certificates of approval of programs for the training of alcohol and drug counselors. The department shall maintain a list of approved programs as well as a current roster of persons serving as licensed alcohol and drug counselors in the commonwealth.
The department shall promulgate such rules and regulations as it deems necessary to implement the provisions of this chapter including rules and regulations establishing the educational and professional requirements for licensing alcohol and drug counselors, establishing fees for licensing and examination and governing the practice and employment of licensed alcohol and drug counselors to promote the public health, safety and welfare.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111j - Alcohol and Drug Counselors › Section 3 - Licensing; Proof of Qualifications; Biennial License Renewal

Section 3. Each applicant for a license shall furnish the department with proof of satisfactory completion of the educational, training and experience requirements for licensure, including completion of an approved program and approved work experience and proof of having passed such licensing examination as approved or administered by the department.
A person serving as a licensed alcohol and drug counselor shall apply for license renewal biennially to the department. An alcohol and drug counselor seeking license renewal shall submit proof of having successfully completed the requirements for such approved continuing education as may be established by regulations.
Applications for licenses and renewals thereof shall be submitted in accordance with procedures established by the department. Each application shall be accompanied by the payment of a fee to be determined by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111j - Alcohol and Drug Counselors › Section 4 - Prohibition of Unlicensed Alcohol and Drug Counseling; Fine; Injunction

Section 4. Except as otherwise provided for in this chapter or by regulation, a person who is not licensed or is otherwise exempt from licensing, shall not hold himself out as a licensed alcohol and drug counselor and shall not use the title, initials or description of a licensed alcohol and drug counselor or practice or attempt to practice alcohol and drug counseling. Whoever engages in any such unauthorized action shall be subject to a fine of not less than $500. In addition, the department may bring a petition in superior court to enjoin such action or any other violation of this chapter or a regulation of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111j - Alcohol and Drug Counselors › Section 5 - Persons Exempt From Licensing Requirements; Provision of Counseling Services by Nonlicensed Individuals; Limitations

Section 5. The following individuals shall be exempt from the licensing requirements of this chapter:
(a) an educational psychologist, marriage and family therapist, mental health counselor, nurse practitioner, occupational therapist, physician, physician assistant, practical nurse, psychologist, registered nurse, rehabilitation counselor and social worker;
(b) an employee or other agent of a recognized academic institution or employee assistance program or a federal, state, county or local government institution, program, agency or facility or school committee, school district, school board or board of regents while performing alcohol and drug counseling duties solely for the respective agency or under the jurisdiction of such agency; provided, however, that a license pursuant to this chapter need not be a requirement for employment in any state, county or municipal agency;
(c) an employee of an alcohol or drug treatment program or facility which is licensed or approved by the department pursuant to chapters 111B and 111E; provided, however, that such individual perform alcohol and drug counseling solely within or under the jurisdiction of such program or facility.
Nothing in this section shall be construed to prevent qualified members of other professions, including attorneys, Christian Science practitioners or members of the clergy, from providing alcohol or drug counseling consistent with accepted standards of their respective professions; provided, however, that no such person shall use a title stating or implying that such person is a licensed alcohol and drug counselor.
Nothing in this section shall be construed to prevent members of peer groups or self-help groups from performing peer group or self-help activities; provided, however, that no such person shall use a title stating or implying that such person is a licensed alcohol and drug counselor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111j - Alcohol and Drug Counselors › Section 6 - Consumer Complaints; Authority of Department; Discipline of Licensee

Section 6. The department shall establish procedures for consumers to file written complaints regarding an alcohol and drug counselor who is subject to requirements for licensure.
The department shall investigate all complaints relating to the proper practice of an alcohol and drug counselor holding a license and all complaints relating to any violation of this chapter or regulation of the department.
The department may conduct an adjudicatory proceeding pursuant to chapter 30A, but shall not have the power to issue, vacate, modify or enforce subpoenas pursuant to section 12 of said chapter 30A. The department may, after a hearing pursuant to said chapter 30A, deny, refuse renewal, revoke, limit or suspend a license or otherwise discipline an alcohol and drug counselor licensed pursuant to this chapter. Grounds for denial, refusal to renew, revocation, limitation, suspension or other discipline shall include the following:
(1) fraud or misrepresentation in obtaining a license;
(2) criminal conduct which the department determines to be of such a nature as to render such person unfit to practice as a licensed alcohol and drug counselor as evidenced by criminal proceedings resulting in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts;
(3) violation of any rule or regulation of the department governing the practice of alcohol and drug counselors;
(4) violation of ethical standards which the department determines to be of such a nature as to render such person unfit to practice as a licensed alcohol and drug counselor;
(5) other just and sufficient cause which the department may determine would render a person unfit to practice as a licensed alcohol and drug counselor.
Where denial, refusal to renew, revocation or suspension is based solely on the failure of the licensee to file timely an application or pay prescribed fees or to maintain insurance coverage as required by law or regulation, the department may act without first granting the applicant or licensee a hearing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111j - Alcohol and Drug Counselors › Section 7 - License Examinations; Form; Semi-Annually; Certificate in Lieu of Examination

Section 7. Examinations for licensed alcohol and drug counselors shall be conducted at least twice a year at times and places designated by the department. Examinations shall be written; provided, however, that portions thereof may be conducted orally. A person who has failed an examination may be admitted to the next subsequent examination.
The department may accept, in lieu of its own examination, a current certificate of any recognized certifying body issued on the basis of an examination satisfactory to the department; provided, however, that the standards of such body shall be at least as stringent as those established by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111j - Alcohol and Drug Counselors › Section 8 - License Without Examination; Applicant Licensed or Certified in Another State

Section 8. The department may issue a license without examination to an applicant whose qualifications meet the requirements for licensure established by the department if such applicant is licensed or certified in alcohol and drug counseling or a comparable field in another state wherein the requirements for licensure are deemed by the department to be equivalent to or in excess of the requirements of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 1 - Definitions

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Catastrophic illness'', pediatric cancer, or any illness or condition treated at a pediatric specialty hospital, including ambulatory care and services provided by or ordered through such a hospital, the medical and related expenses of which are not covered by any other state or federal program, including the uncompensated care pool, or any insurance contract and which exceed 10 per cent of the first $100,000 of annual income of a family and 15 per cent of any family income in excess of $100,000.
''Child'', a person 21 years of age or under.
''Commission'', the catastrophic illness in children relief fund commission.
''Department'', the department of public health.
''Family'', a child and the child's parent, parents or legal guardian, as the case may be, who is legally responsible for the child's medical expenses.
''Fund'', the Catastrophic Illness in Children Relief Fund established pursuant to section 2ZZ of chapter 29.
''Income'', all income, from whatever source derived, actually received by a family, excluding payments received from the fund.
''Resident'', a resident of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 2 - Catastrophic Illness in Children Relief Fund Commission; Establishment; Members

Section 2. (a) There is hereby established a catastrophic illness in children relief fund commission within the department of public health. The commission shall consist of the secretary of health and human services, the commissioner of public health, the commissioner of insurance and the state treasurer, who shall be members ex officio, and seven public members who shall be residents of the commonwealth, three of whom shall be appointed by the governor, one of whom shall be a representative of the AFL–CIO and four of whom shall be appointed upon the recommendation of the attorney general, including two of whom shall be providers of health care services to children in the commonwealth. The public members shall serve terms of five years, but the three public members first appointed by the governor shall serve for terms of two, three and four years, respectively.
(b) Each public member shall hold office for the term of his appointment and until his successor has been appointed and qualified. A member of the commission is eligible for reappointment.
(c) Each ex officio member of the commission may designate an employee of his department to represent him at meetings of the commission, and each designee may lawfully vote and otherwise act on behalf of the ex officio member for whom he constitutes the designee. Any designation shall be in writing delivered to the commission and filed with the secretary of state. The designation shall continue in effect until revoked or amended in the same manner as provided for in the initial designation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 3 - Membership of Commission; Removal From Office for Cause

Section 3. (a) Each public member of the commission may be removed from the office by the governor for cause, after a public hearing, and may be suspended by the governor pending the completion of the hearing. Before entering upon their duties, members of the commission shall take and subscribe an oath to perform the duties of the office faithfully, impartially and to the best of their ability. A record of oaths shall be filed with the secretary of state.
(b) Any vacancies in the membership of the commission occurring other than by expiration of a term shall be filled in the same manner as the original appointment, but for the unexpired term only.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 4 - Election of Chairperson and Chief Executive Officer by Members; Quorum

Section 4. (a) The members shall elect a chairperson and chief executive officer of the commission who shall be one of the public members of the commission. The commission shall by rule determine the term of office of the chairperson and chief executive officer. The members shall elect a secretary and a treasurer who need not be members of the commission and the same person may be elected to serve as both secretary and treasurer.
(b) The powers of the commission shall be vested in its members in office from time to time and seven members of the commission shall constitute a quorum at any meeting. Actions may be taken and motions and resolutions adopted by the commission at any meeting by the affirmative vote of at least seven members of the commission. A vacancy in the membership of the commission shall not impair the right of a quorum to exercise all the powers and perform all the duties of the commission.
(c) The members of the commission shall serve without compensation, but the commission shall reimburse its members for the reasonable expenses incurred in the performance of their duties based upon the monies available in the fund.
(d) The commission shall be appointed not later than November 1, 2000 and shall organize as soon as may be practicable after the appointment of its members.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 5 - Powers and Duties of Commission

Section 5. The commission shall have the following powers and duties:—
(a) to establish a program to administer the fund and authorize the payment or medical reimbursement of the medical and related expenses of children with catastrophic illnesses;
(b) to establish procedures for applying to the fund, determining the eligibility for the payment or reimbursement of medical expenses for each child and processing claim disputes;
(c) to establish procedures for reimbursement of the fund where a family, after receiving assistance from the fund, recovers the costs for a child's medical expenses from a catastrophic illness pursuant to a settlement or judgment in a legal action;
(d) to establish the amount of reimbursement for the medical expenses of each child using a sliding fee scale based on a family's ability to pay for medical expenses, which takes into account family size, family income and assets and family medical expenses;
(e) to adjust the financial eligibility criteria established pursuant to section 1 based upon the monies available in the fund;
(f) to disseminate information on the fund and the program to the public;
(g) to maintain confidential records on each child who applies for assistance under the fund; and
(h) to authorize and make payment of all administrative costs, not to exceed 10 per cent of the monies transferred into the fund in a given fiscal year or 10 per cent of the carry forward balance for any fiscal year with reduced or no transfers into the fund, related to the management of the program including, but not limited to, costs for staff to manage the program and coordinate the work assigned by the commission and materials development, printing, postage and telephone expenses; provided, however, that administrative costs shall not include staff costs related to case management services, including the evaluation and processing of applications; and
(i) to review and approve annual operating expenses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 6 - Claims for Reimbursement Against Families Who Have Recovered Damages in Legal Actions for Expenses

Section 6. The commission may negotiate or settle a claim that the fund maintains for reimbursement against a family who has received assistance for the medical expenses of a child with a catastrophic illness and who has recovered damages in a legal action for such expenses. A reimbursement shall be less the expense of any recovery by the family. Money recovered pursuant to this section shall be deposited in the fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 7 - Application Process

Section 7. A child who is a resident of the commonwealth shall be eligible, through his or her parent or guardian, to apply to the program. As part of the application process, the commission shall screen each applicant for other sources of coverage and for potential eligibility for government programs, and to document the results of such screening. If the commission determines that an applicant is potentially eligible for Medicaid or another government program, the commission shall assist the applicant in applying for benefits under such program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 8 - Financial Assistance for Eligible Children

Section 8. Whenever a child has a catastrophic illness and is eligible for the program, the child, through his parent or guardian, may receive financial assistance from monies in the fund subject to the rules and regulations established by the commission and the availability of monies in the fund. The financial assistance shall include, but is not limited to, payments or reimbursements for the costs of medical treatment, hospital care, prescription drugs, nursing care and physician services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 9 - Monies for Relief Fund

Section 9. To provide the monies necessary to establish and meet the purposes of the fund, the commission shall receive out of the employer medical assistance contribution under section 189 of chapter 149, $1 annually for each employee whose wages determine such employer's total employer medical assistance contribution under said section 189 of said chapter 149. Said contribution shall be collected by the director of unemployment assistance and paid over to the state treasurer for deposit in the fund annually as provided by the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 10 - Federal Financial Participation

Section 10. The department of public health, in consultation with the division of medical assistance, the center for health information and analysis and the department of mental health, shall take all necessary steps to maximize and coordinate the availability of federal financial participation under Title XIX of the Social Security Act for the program established by this chapter to the extent that expenditures under such program are considered expenses incurred for medical assistance within the meaning of 42 U.S.C. § 1396d(a).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111k - Catastrophic Illness in Children Relief Fund Commission › Section 11 - Annual Report

Section 11. The commission shall report annually to the governor and the senate and house committees on ways and means. The report shall include information about the number of participants in the program, average expenditures per participant, the nature and type of catastrophic illnesses for which the fund provided financial assistance and the average income and expenditures of families who receive financial assistance under the program. The commission shall also make recommendations for changes in the law and regulations governing the fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111l - Biotechnology › Section 1 - Policy; Fostering Research; Prohibiting Human Reproductive Cloning

Section 1. The general court finds and declares that:
(a) human embryonic stem cell research and other research in the life sciences and regenerative medicine present a significant chance of yielding fundamental biological knowledge from which may emanate therapies to relieve, on a large scale, human suffering from disease and injury;
(b) the extraordinary biomedical scientists working within institutions of higher education, research institutes, hospitals, biotechnology companies and pharmaceutical companies can contribute significantly to the welfare of mankind by performing outstanding research in these fields; and
(c) it shall be the policy of the commonwealth to actively foster research and therapies in the life sciences and regenerative medicine by permitting research and clinical applications involving the derivation and use of human embryonic stem cells, including research and clinical applications involving somatic cell nuclear transfer, placental and umbilical cord cells and human adult stem cells and other mechanisms to create embryonic stem cells which are consistent with this chapter. It shall further be the policy of the commonwealth to prohibit human reproductive cloning.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111l - Biotechnology › Section 3 - Research Using Human Embryonic Stem Cells Permitted; Written Approval

Section 3. (a) Research and clinical applications involving the derivation and use of human embryonic stem cells, including somatic cell nuclear transfer, human adult stem cells from any source, umbilical cord cells, parthenotes and placental cells shall be permitted.
(b) Research involving the derivation of human embryonic stem cells through the use of human genetic material, including somatic cell nuclear transfer, parthenogenesis and other asexual means as permitted by subsection (a) shall only be conducted upon the written approval of a duly authorized institutional review board. The written approval of the institutional review board shall include a detailed description of the research, experimentation or study to be conducted and a detailed description of the research or a copy of the protocol, all of which shall be maintained as a permanent record by the board or by the hospital or institution for which the board acts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111l - Biotechnology › Section 6 - Public Institutional Review Board; Contract With Research Institutions

Section 6. (a) The University of Massachusetts Medical School at Worcester shall establish and maintain, subject to appropriation, a public institutional review board. The public institutional review board shall be available on an ongoing basis to an institution having not more than 50 full-time employees for review of that institution's experimentation, study and procedures for the purposes of conducting research pursuant to this chapter.
(b) An institution may access the services of the public institutional review board only through a written instrument of contract. The contract shall include the payment to the public institutional review board of a reasonable fee, calculated pursuant to a methodology approved by the University of Massachusetts Medical School to account for the costs of operating and maintaining the public institutional review board, and the relevant portion of those costs attributable to the particular institution receiving the benefit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111l - Biotechnology › Section 8 - Human Reproductive Cloning Prohibited; Creation of Embryo for Purpose of Research; Sale of Embryos or Gametes; Enforcement

Section 8. (a) Human reproductive cloning is hereby prohibited. No person shall knowingly attempt, engage in, or assist in human reproductive cloning. No person shall knowingly purchase, sell, transfer or otherwise obtain human embryonic, gametic or cadaveric tissue for the purpose of human reproductive cloning.
(b) No person shall knowingly create an embryo by the method of fertilization with the sole intent of donating the embryo for research. Nothing in this section shall prohibit the creation of a pre-implantation embryo by somatic cell nuclear transfer, parthenogenesis or other asexual means for research purposes.
(c) No person shall knowingly and for valuable consideration purchase, sell, transfer or otherwise obtain human embryos, gametes or cadaveric tissue for research purposes. Nothing in this section shall prohibit a person from banking or donating their gametes for personal future use, or from donating their gametes to another person or from donating their gametes for research. Nothing in this chapter shall prohibit or regulate the use of in vitro fertilization for reproductive purposes.
(d) A person who is found to have knowingly violated subsection (a) shall be punished by imprisonment in a jail or house of correction for not less than 5 years nor more than 10 years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than $1,000,000. In addition to such penalty, and at the discretion of the court, a person who is found to have knowingly violated this section and derives a personal financial profit from such violation may be ordered to pay all or part of any such profits to the commonwealth as damages.
(e) A person who is found to have knowingly violated subsection (b) or subsection (c) shall be punished by imprisonment in a jail or house of correction for not less than 1 year nor more than 2 years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $100,000.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111m - Individual Health Coverage › Section 3 - Exemption for Refusal of Coverage Based Upon Sincerely Held Religious Belief; Administration; Data Sharing

Section 3. An individual shall be exempt from section 2 if he files a sworn affidavit with his income tax return stating that he did not have creditable coverage and that his sincerely held religious beliefs are the basis of his refusal to obtain and maintain creditable coverage during the 12 months of the taxable year for which the return was filed. Any individual who claimed an exemption but received medical health care during the taxable year for which the return is filed shall be liable for providing or arranging for full payment for the medical health care and be subject to the penalty assessed under section 2. The department of revenue and the center for health information and analysis may conduct data matches for the purposes of administering this section. The center may disclose to the department whether a health care provider has submitted data indicating that it has provided health care services during the relevant tax year to an individual claiming an exemption under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111m - Individual Health Coverage › Section 4 - Review of Applicability or Affordability Determination

Section 4. An individual subject to section 2, who disputes the determination of applicability or affordability, as enforced by the department of revenue, may seek a review of this determination through an appeal established by the board of the commonwealth health insurance connector, under chapter 176Q; provided, however, that no additional penalties shall be enforced against an individual seeking review until the review is complete and any subsequent appeals are exhausted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111n - Pharmaceutical and Medical Device Manufacturer Conduct › Section 2a - Provision of Refreshments by Pharmaceutical or Medical Device Manufacturing Company at Non&ndash;cme Educational Presentations

Section 2A. No pharmaceutical or medical device manufacturing company shall provide modest meals and refreshments, or provide payment for such meals and refreshments, in connection with non–CME educational presentations as permitted in section 2 unless such pharmaceutical or medical device manufacturing company files quarterly reports detailing all non–CME educational presentations at which such meals or refreshments are provided. Reports shall include: (1) the location of the non–CME presentation; (2) a description of any pharmaceutical products, medical devices or other products discussed at such presentation; and (3) the total amount expended on such presentation and an estimate of the amount expended per participant, factoring any meals, refreshments or other items of economic value provided at such presentation. The department may require payment of a fee, to be determined by the department, to pay the costs of administering this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111n - Pharmaceutical and Medical Device Manufacturer Conduct › Section 4 - Adoption of Marketing Code of Conduct by Pharmaceutical or Medical Device Manufacturing Company; Training Program; Annual Audits; Investigation and Correction of Noncompliance; Compliance Officer

Section 4. (a) A pharmaceutical or medical device manufacturing company that employs a person to sell or market a drug, medicine, or medical device in the commonwealth shall adopt and comply with the most recent marketing code of conduct as adopted by the department.
(b) A pharmaceutical or medical device manufacturing company that employs a person to sell or market prescription drugs or medical devices in the commonwealth shall adopt a training program to provide regular training to appropriate employees including, without limitation, all sales and marketing staff, on the marketing code of conduct.
(c) A pharmaceutical or medical device manufacturing company that employs a person to sell or market prescription drugs or medical devices in the commonwealth shall conduct annual audits to monitor compliance with the marketing code of conduct.
(d) A pharmaceutical or medical device manufacturing company that employs a person to sell or market a prescription drugs or medical devices in the commonwealth shall adopt policies and procedures for investigating instances of noncompliance with the marketing code of conduct and take corrective action in response to noncompliance and the reporting of instances of noncompliance to the appropriate state authorities.
(e) A pharmaceutical or medical device manufacturing company that employs a person to sell or market prescription drugs or medical devices in the commonwealth shall identify a compliance officer responsible for operating and monitoring the marketing code of conduct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111n - Pharmaceutical and Medical Device Manufacturer Conduct › Section 5 - Annual Submission of Compliance Information

Section 5. A pharmaceutical or medical device manufacturing company that employs a person to sell or market prescription drugs or medical devices in the commonwealth shall annually submit to the department: (i) a description of its training program; (ii) a description of its investigation policies; (iii) the name, title, address, telephone number and electronic mail address of its compliance officer; and (iv) certification that it has conducted its annual audit and is in compliance with the marketing code of conduct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111n - Pharmaceutical and Medical Device Manufacturer Conduct › Section 6 - Disclosure of Data Relating to Provision of Economic Benefits Valuing Fifty Dollars or Greater

Section 6. (1) By July 1 of each year, every pharmaceutical or medical device manufacturing company that employs a person to sell or market a drug, medicine, chemical, device or appliance in the commonwealth shall disclose to the department of public health the value, nature, purpose and particular recipient of any fee, payment, subsidy or other economic benefit with a value of at least $50, which the company provides, directly or through its agents, to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, health care practitioner or other person in the commonwealth authorized to prescribe, dispense, or purchase prescription drugs or medical devices in the commonwealth. The disclosure shall be accompanied by the payment of a fee, to be determined by the department, to pay the costs of administering this section. Notwithstanding the provisions of this section, the department shall not require a pharmaceutical or medical device manufacturing company to disclose information which has been disclosed to a federal agency pursuant to federal law and which may be obtained by the department from such federal agency.
(2) The department of public health shall make all disclosed data publicly available and easily searchable on its website.
(3) The department of public health shall report to the attorney general any payment, entertainment, meals, travel, honorarium, subscription, advance, services or anything of value provided in violation of the market code of conduct as adopted by the department of public health.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111n - Pharmaceutical and Medical Device Manufacturer Conduct › Section 7 - Enforcement; Penalties

Section 7. This chapter shall be enforced by the attorney general, the district attorney with jurisdiction over a violation or the department of public health. A person that violates this chapter shall be punished by a fine of not more than $5,000 for each transaction, occurrence or event that violates this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111o - Mobile Integrated Health Care › Section 2 - Department as Lead Agency for Mobile Integrated Health Services; Duties

Section 2. (a) The department shall take any action consistent with its role as state lead agency for mobile integrated health services. As the lead agency, the department shall take into consideration relevant standards and criteria developed or adopted by nationally recognized agencies or organizations, and the recommendations of interested stakeholders, including, but not limited to, the statewide mobile integrated health advisory council, established in section 4.
(b) The department shall evaluate and approve MIH programs that meet the following criteria:
(i) provide pre-hospital and post-hospital services as a coordinated continuum of care that fully supports the patient's medical needs in the community;
(ii) address gaps in service delivery and prevent unnecessary hospitalizations, or other harmful and wasteful resource delivery;
(iii) focus on partnerships, through contracts or otherwise, between health care providers and health care entities that promote coordination and utilization of existing personnel and resources without duplication of services;
(iv) adhere to clinical standards and protocols, pursuant to this chapter by the department by regulation, with the guidance of the advisory council, to ensure that MIH community paramedic providers or other providers employed by a health care entity provide health care services or treatment within their scope of practice;
(v) dispatch only those community paramedic providers or other providers employed by a health care entity who have received appropriate training and demonstrate competency in the MIH clinical protocols;
(vi) meet appropriate standards related to capacity, location, personnel and equipment;
(vii) provide access to qualified medical control and medical direction;
(viii) provide a secure and effective medical communication subsystem linkage for on-line medical direction;
(ix) ensure activation of the 911 system in the event that a patient of an MIH program experiences a medical emergency, as determined through medical direction, in the course of an MIH visit; provided, however, that the activation shall be in the best interest of patient safety and takes into account how MIH programs affect EMS first response services; and provided further, that the department shall examine how 911 triage assessment tools may be incorporated into MIH;
(x) ensure compliance with all state and federal privacy requirements with regard to patient medical records and other individually identified patient health information; and
(xi) ensure that health care providers operating MIH programs collect and maintain data, including statistics on mortality and morbidity of consumers of mobile integrated health services, including, but not limited to, information needed to review access, availability, quality, cost and third party reimbursement for such services and coordinate and perform the data collection in conjunction with other data-collection activities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111o - Mobile Integrated Health Care › Section 3 - Community Ems Programs

Section 3. The department shall evaluate and approve community EMS programs developed and operated by the primary ambulance service with the approval of the local jurisdiction and the affiliate hospital medical director to provide community outreach and assistance to residents of the local jurisdiction in order to advance injury and illness prevention within the community.
A community EMS program may work with local public health agencies or officials and identify members of the community who use the 911 system or emergency department and connect them to their primary care providers, other health care providers, low-cost medication programs, and other social services. The programs may also utilize EMS providers to provide follow-up and preventive measures including, but not limited to, fall prevention, vaccinations under the direction of local public health agencies or officials, and health screenings, including blood pressure and blood glucose checks.
All EMS provider training and activities related to the program shall be approved by the local jurisdiction and the affiliate hospital medical director. Nothing in this section shall authorize an EMS provider to perform any medical procedures outside their scope of practice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111o - Mobile Integrated Health Care › Section 4 - Mobile Integrated Health Advisory Council

Section 4. (a) There shall be a mobile integrated health advisory council, which shall assist and support the department in carrying out this chapter by planning, guiding and coordinating the components of mobile integrated health services.
(b) The advisory council shall consist of the director of healthcare safety and quality or a designee, who shall serve as a non-voting chair, and 18 members who shall be appointed by the commissioner and who shall reflect a broad distribution of diverse perspectives on mobile integrated health care, including appointees or their designees from the following groups: the division of medical assistance; the Massachusetts Hospital Association, Inc.; the Massachusetts Council of Community Hospitals, Inc.; a for-profit hospital system that is not a member of another hospital advocacy group; the Massachusetts Senior Care Association, Inc.; the Massachusetts Medical Society; the Massachusetts chapter of the American College of Emergency Physicians; the Massachusetts Nurses Association; the Home Care Alliance of Massachusetts, Inc.; the Professional Fire Fighters of Massachusetts; the Fire Chiefs' Association of Massachusetts, Inc.; the International Association of EMTs and Paramedics; the Massachusetts Ambulance Association, Incorporated; the Hospice & Palliative Care Federation of Massachusetts, Inco*.; the Association for Behavioral Healthcare, Inc.; and 3 members representing payors, including 1 representative of the health care organization providing services to MassHealth members under sections 9D and 9F of chapter 118E.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 1 - Duties of Commissioner of Occupational Licensure and Commissioner of Public Health

Section 1. The commissioner of occupational licensure shall supervise the work of the several boards of registration and examination included in the division of occupational licensure. He shall recommend changes in the methods of conducting examinations and transacting business and shall make such reports to the governor and council as they may require or as the commissioner may deem expedient.
The commissioner of public health shall supervise the work of the board of registration in nursing, the board of registration in pharmacy, the board of registration of physician assistants, the board of registration of perfusionists, the board of registration of nursing home administrators, the board of registration in dentistry, the board of registration of genetic counselors, the board of registration of community health workers, the board of registration in naturopathy, the board of registration of social workers, the board of registration of psychologists, the board of registration of allied mental health and human services professions, the board of allied health professions, the board of registration of dieticians and nutritionists, the board of registration in podiatry, the board of registration in optometry, the board of registration of dispensing opticians, the board of registration of chiropractors, the board of registration of speech-language pathology and audiology, the board of registration of hearing instrument specialists, the board of certification of health officers, the board of registration of sanitarians and the board of registration of respiratory therapists. He shall recommend changes in the methods of conducting examinations and transacting business, and shall make such reports to the governor as he may require or the director may deem expedient.
The commissioner of public health shall consult with the chair of the board of registration in medicine concerning the operations of the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 1a - Issuance of License or Certificate to Engage in Business or Profession; Statement of Obligation to Report Certain Injuries of Children

Section 1A. Whenever any person required to report under the provisions of section fifty-one A of chapter one hundred and nineteen is issued or reissued a license or certificate to engage in a business or profession, the issuing agency shall send such person a statement informing them of their obligations under said section fifty-one A.
Such statement shall contain a statement that such person understands his obligations under said section fifty-one A and the punishment for failure to comply, which shall be signed by such person and returned to the issuing agency.
In compliance with the provisions of this section, the issuing agency may include such required statement on application forms for such licenses or certificates.