reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 269 - Application for Original Licensure as Naturopathic Doctor

Section 269. (a) An application for original licensure as a naturopathic doctor shall be made on forms approved by the board. The application shall be sworn and shall be accompanied by payment of the fee prescribed by the secretary of administration and finance pursuant to section 3B of chapter 7. The board shall issue a license as a naturopathic doctor to an applicant upon receipt of satisfactory proof that the applicant is not less than 18 years old and of good moral character and possesses a baccalaureate degree from an accredited educational institution or its equivalent, as determined by the board.
(b) An applicant for a license under this section shall have graduated from and hold a doctor of naturopathic medicine or doctor of naturopathy degree from an approved naturopathic medical college; provided, however, that an applicant shall have satisfactorily completed a minimum of 1,200 hours of board-approved clinical training before graduation from that college. Clinical training may have been completed in either an inpatient or outpatient setting an may include components of conventional medicine as well as naturopathic health care.
(c) An applicant for a license under this section shall have successfully passed a competency-based national naturopathic licensing examination approved by the board.
(d) The board may approve an applicant who attended and graduated from a 4–year naturopathic doctoral program which is located in a country or territory outside the United States if, in the opinion of the board, the training and education provided by that naturopathic doctoral program is substantially equivalent to that provided by a naturopathic doctoral program which meets the requirements of subsection (b).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 270 - Renewal of Naturopathic Licenses

Section 270. The board, in consultation with the department of public health, shall determine the renewal cycle and renewal period for naturopathic licenses. A naturopathic doctor licensed under this chapter shall apply to the board for a license renewal by not later than the expiration date, as determined by the board, unless earlier revoked, suspended or canceled as a result of a disciplinary proceeding instituted pursuant to section 273. As a condition for renewal under this section, the board may require a naturopathic doctor to provide the board with satisfactory proof that the naturopathic doctor has successfully completed the required number of hours of continuing education for naturopathic doctors in courses or programs approved by the board or has complied with such other requirements or equivalent requirements as approved by the board. Upon satisfactory compliance with the licensing requirements for naturopathic doctors and successful completion of the continuing education requirements, the board shall issue a renewal license. The board may provide for the late renewal of a license that has lapsed and may require payment of a late fee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 271 - Reciprocity for Naturopathic Doctors Registered, Certified or Licensed in Another Jurisdiction

Section 271. The board may grant license reciprocity to a registered, certified or licensed naturopathic doctor from another jurisdiction; provided, however, that the requirements for registration, certification or licensing in the other jurisdictions are, in the opinion of the board, substantially equivalent to the requirements in section 269. The board shall promulgate rules and regulations as may be necessary to implement this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 272 - Disclosure by Licensed Naturopathic Doctors of Business and Residential Addresses

Section 272. A licensed naturopathic doctor shall advise the board, in writing, of the address of the doctor's principal place of business and any other address at which that doctor is currently engaged in practice. The naturopathic doctor shall immediately provide written notice to the board of a change in the address of a place of business at which the doctor practices. The naturopathic doctor shall also advise the board, in writing, of that doctor's current residential address and of any subsequent change to that address.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 273 - Unauthorized Practice of Naturopathic Medicine

Section 273. (a) No person shall represent or assume the character or appearance of a licensed naturopathic doctor in the commonwealth unless that person is licensed under this chapter. A person who is not licensed under this chapter shall not use any of the following titles: naturopathic physician, naturopathic practitioner, natural doctor, naturopathic doctor, doctor of naturopathy, doctor of natural medicine, doctor of naturopathic medicine, NMD, doctor of nutritional medicine, N.D., naturopathic medicine, naturopath or any other term that indicates or implies that the person is licensed to practice any form of naturopathic health care.
(b) A licensed naturopathic doctor shall not use the term physician nor assume the character or appearance of a primary care provider.
(c) A person acting or purporting to act as a naturopathic doctor without first obtaining a license under this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 1 year in a house of correction, or by both such fine and imprisonment. Upon conviction of a second or subsequent offense, the person shall be punished by a fine of not more than $10,000 or by imprisonment for not more than 2 years in a house of correction, or by both such fine and imprisonment.
(d) A person who receives money or an equivalent item of value as a fee, commission, compensation or profit by or as the consequence of a violation of sections 267 to 273, inclusive, shall, in addition to any other penalty, be liable for a fine of not less than the sum of the money so received and not more than 3 times the sum received, as determined by the board.
(e) There shall be no action brought by a person for recovery of compensation, nor actual recovery of compensation, for services rendered by that person as a licensed naturopathic practitioner unless that person held a current valid license under this chapter at the time the act or service was provided.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 274 - Deposit of Fees From Naturopathic Licenses, Applications and Penalties

Section 274. All licensing and application fees and civil administrative penalties collected pursuant to sections 266 to 273, inclusive, shall be deposited into the Quality in Health Professions Trust Fund established in section 35X of chapter 10.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 275 - Sexual Orientation and Gender Identity Change Efforts

Section 275. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
''Gender identity'', shall have the same meaning as under clause Fifty-ninth of section 7 of chapter 4.
''Health care provider'', a health care professional licensed under this chapter including, but not limited to, a physician, psychologist, social worker, nurse or allied mental health and human services professional, including marriage and family therapist, rehabilitation counselor, mental health counselor or educational psychologist.
''Sexual orientation'', having an orientation for or being identified as having an orientation for heterosexuality, bisexuality or homosexuality.
''Sexual orientation and gender identity change efforts'', any practice by a health care provider that attempts or purports to impose change of an individual's sexual orientation or gender identity including, but not limited to, efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex; provided, however, that ''sexual orientation and gender identity change efforts'' shall not include practices that: (i) (A) provide acceptance, support and understanding of an individual's sexual orientation, gender identity or gender expression; (B) facilitate an individual's coping, social support and identity exploration and development; or (C) are sexual orientation-neutral or gender identity-neutral, including interventions to prevent or address unlawful conduct or unsafe sexual practices; and (ii) do not attempt or purport to impose change of an individual's sexual orientation or gender identity.
(b) A health care provider shall not advertise for or engage in sexual orientation and gender identity change efforts with a patient who is less than 18 years of age.
(c) A health care provider who violates this section shall be subject to discipline by the appropriate licensing board. Such discipline may include suspension or revocation of license.
(d) A violation of this section by a health care provider shall be a violation of section 2 of chapter 93A. Such a claim brought under this section shall be subject to sections 5A and 7 of chapter 260.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 277 - Appraisal Management Companies; Registration Required

Section 277. (a) No person shall directly or indirectly: (i) engage or attempt to engage in business as an appraisal management company; or (ii) engage in or attempt to perform appraisal management services or to advertise or hold the individual or entity out as engaging in or conducting business as an appraisal management company without first being registered by the board under sections 276 to 289, inclusive, regardless of the person's use of the term ''appraisal management company'', ''mortgage technology company'' or any other name.
(b) Sections 276 to 289, inclusive, shall not apply to:
(i) an agency of the federal government or any state or municipal government;
(ii) an appraisal management company that is owned and controlled by an insured depository institution as defined in 12 U.S.C. 1813 and regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System or the Federal Deposit Insurance Corporation; or
(iii) a licensed real estate broker or salesperson performing activities in accordance with subsection B of section 174; provided, however, that this exemption shall not apply to a real estate broker who receives compensation of any kind in connection with the referral or placement of an appraisal assignment.
(c) An appraiser shall not perform appraisal services for real property located in the commonwealth for an appraisal management company that is not registered under sections 276 to 289, inclusive, unless exempt from licensing under subsection (b). An appraiser who relies upon the written assurance of an appraisal management company regarding its registration status shall not be subject to disciplinary action by 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 278 - Appraisal Management Companies; Rules and Regulations

Section 278. The board may adopt rules and regulations that are reasonable and necessary to: (i) implement, administer and enforce sections 276 to 289, inclusive; and (ii) comply with any federal rules or regulations promulgated pursuant to Title XI of the Financial Reform, Recovery and Enforcement Act of 1989, 12 U.S.C. 3331 et seq. The board shall adopt rules and regulations in accordance with federal regulations promulgated pursuant to said Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 for the purpose of determining whether an appraiser shall be deemed to be part of an appraisal management company's appraiser panel within a 12–month period.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 280 - Appraisal Management Companies; Designation of Controlling Person

Section 280. An appraisal management company applying to the board for registration shall designate 1 controlling person who shall be the main contact for all communication between the board and the appraisal management company. The controlling person may also be designated the employee in charge.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 281 - Appraisal Management Companies; Designation of Employee in Charge

Section 281. In order to serve as the employee in charge for a registered appraisal management company, a designee, in addition to holding a valid license as an appraiser, shall:
(i) not have had a license to practice as an appraiser or to engage in any activity related to the transfer of real property refused, denied, canceled, surrendered in lieu of revocation or revoked in the commonwealth or in any other state;
(ii) be of good moral character;
(iii) submit to a background investigation; and
(iv) be responsible for:
(A) the management of the process of selecting appraisers for the performance of real estate appraisal services;
(B) the management of the process of conducting appraisal reviews; provided, however, that an employee of an appraisal management company or a contractor working on behalf of such company who has any involvement in the performance of an appraisal review of completed appraisals of real property located in the commonwealth shall be licensed or certified in the commonwealth and in good standing pursuant to sections 276 to 289, inclusive; and
(C) maintaining the documentation required by sections 276 to 289, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 282 - Appraisal Management Companies; Notice to Board of Designation of Controlling Person and Employee in Charge; Change in Designations; Sole Proprietorships

Section 282. An appraisal management company shall file a form, signed by the designated controlling person or employee in charge, with the board indicating the appraisal management company's designation of the controlling person and employee in charge and the individual's acceptance of the responsibility. The board shall establish a process, including appropriate timing, for administering any change in the designated controlling person or employee in charge. An appraisal management company that fails to comply with this section shall have its registration suspended pursuant to section 286 until it complies with this section. An individual operating an appraisal management company as a sole proprietorship shall be a state-certified general real estate appraiser or state-certified residential real estate appraiser and shall be considered the controlling person for purposes of sections 276 to 289, inclusive, unless another controlling person is designated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 283 - Appraisal Management Companies; Fees

Section 283. The following fees shall be determined annually by the secretary of administration and finance under section 3B of chapter 7 and shall be collected by the board: (i) an application fee; (ii) an initial registration fee; (iii) an annual renewal fee; (iv) a change in controlling person or employee in charge fee; and (v) a late renewal fee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 284 - Appraisal Management Companies; Surety Bond

Section 284. In addition to the filing fee, each applicant for registration shall post with the board and maintain a surety bond in an amount to be determined by the board. The bond shall: (i) be in the form prescribed by the board; and (ii) accrue to the commonwealth for the benefit of a claimant against the registrant to secure the faithful performance of the registrant's obligations pursuant to sections 276 to 289, inclusive.
The aggregate liability of the surety shall not exceed the principal sum of the bond. A party having a claim against the registrant may bring an action directly on the surety bond or the board may bring an action on behalf of the party having a claim against the registrant. A deposit of cash or security may be accepted in lieu of a surety bond. If a claim is made on a bond, the registrant shall not have the registrant's registration renewed until the bond is restored to the full amount required under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 287 - Appraisal Management Companies; Maintenance and Preservation of Records

Section 287. Each appraisal management company shall maintain the records related to the services it provides. All records shall be preserved in accordance with the record keeping rule of the Uniform Standards of Professional Appraisal Practice unless the board, by regulation, prescribes additional requirements for particular types of records.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 288 - Appraisal Management Companies; Injunctive Relief

Section 288. The board may file an action for injunctive relief to prevent violations of sections 276 to 289, inclusive. The superior court may grant an injunction against a person who it deems to be violating said sections 276 to 289, inclusive, notwithstanding that criminal prosecution has been or may be instituted for such violation or that the person deemed to be violating said sections 276 to 289, inclusive, is the holder of a registration issued by 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 289 - Appraisal Management Companies; Investigations and Examinations by Board

Section 289. (a) The board may conduct investigations and examinations for the purposes of:
(i) initial registration, registration renewal, registration suspension, registration conditioning, registration revocation or termination or general or specific inquiry or investigation to determine compliance with sections 276 to 289, inclusive; provided, however, that for the purposes of any such investigation or examination, the board may access, receive and use any books, accounts, records, files, documents, information or other evidence including, but not limited to: (A) criminal, civil and administrative history, including nonconviction data as specified in the General Laws; and (B) any other material the board deems relevant to the inquiry or investigation without regard to the location, possession, control or custody of such material;
(ii) investigating violations or complaints arising under sections 276 to 289, inclusive; and
(iii) reviewing, investigating or examining any registrant, individual or person subject to sections 276 to 289, inclusive.
(b) If a criminal history record check for a person who directly or indirectly owns more than 10 per cent of an entity applying for registration or for an officer, controlling person, employee in charge or managing principal of an entity applying for registration pursuant to subsection (c) of section 279 reveals a conviction, such conviction shall not automatically bar registration if the conviction is not related to the financing or transfer of real property. The board shall consider all of the following factors regarding the conviction:
(i) the seriousness of the crime;
(ii) the date of the crime;
(iii) the age of the person at the time of the conviction;
(iv) the circumstances surrounding the commission of the crime, if available;
(v) the nexus between the criminal conduct of the person and the job duties of the position to be filled; and
(vi) the person's prison, jail, probation, parole, rehabilitation and employment records since the date the crime was committed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113 - Promotion of Anatomical Science › Section 1 - Disposition of Bodies of Deceased Persons

Section 1. Upon the written application of the dean or other officer of any medical school established by law in the commonwealth, the penal institutions commissioner of Boston, the trustees and superintendent of the Tewksbury hospital or other public institution supported in whole or part at the public expense, except the state-operated veterans' homes, in this chapter called the authorities, shall permit such dean or other officer to take, within three days after death, the body of any person, required to be buried at the public expense, who died in any institution under the control of such authorities, to be used within the commonwealth for the promotion of anatomical science. In giving such permission regard shall be had to delivering such bodies to any such medical schools in proportion, so far as practicable, to the number of students therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113 - Promotion of Anatomical Science › Section 2 - Bodies of Veterans, Strangers or Travelers; Disposition

Section 2. Such permission shall not be given to take the body of any veteran as defined in section ten of chapter forty-six, or the body of any stranger or traveler who died suddenly, or the body of a person who, during his last sickness, of his own accord requested that his body be buried or delivered to a friend, but such body shall, in conformity with such request, if any, be buried, or delivered to such friend.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113 - Promotion of Anatomical Science › Section 3 - Identification of Body of Deceased Person; Delivery of Body for Burial

Section 3. No body of a deceased person which is subject to section one shall be used for fourteen days after death for the promotion of anatomical science, but it shall during such period be kept by the authorities or dean or other officer in a condition and place to be viewed by any person, at all reasonable times, for the purpose of identification. If, within such time, any person claiming to be and satisfying the authorities that he is a friend or is of kindred to the deceased asks to have the body buried or surrendered to himself, the body shall in conformity with such request be either buried or delivered to such friend or kindred.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113 - Promotion of Anatomical Science › Section 4 - Bond of Dean or Officer of Medical School

Section 4. Such dean or other officer, if he has been given permission to take the body of a deceased person as provided in section one, shall, before receiving it, give to the authorities surrendering it, a bond conditioned that he will comply with the preceding section and that after the time prescribed therein, if the body has not been buried or delivered in accordance therewith, it shall be used only for the promotion of anatomical science in the commonwealth in such manner as not to outrage public feeling, and that, after having been so used, the remains shall be decently buried or cremated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113 - Promotion of Anatomical Science › Section 5 - Autopsies

Section 5. Before surrendering the body of any such person as provided in the four preceding sections, the chief medical officer of any institution named in section one may, if the cause of the death cannot otherwise be determined and if such body is unclaimed by relatives or friends, cause an autopsy to be made upon it.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 4 - Who May Make Anatomical Gift Before Donor's Death

Section 4. Subject to section 8, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 5 by:
(1) the donor, if the donor is an adult or if the donor is a minor and is:
(i) emancipated; or
(ii) authorized under state law to apply for a driver's license or identification card;
(2) an agent of the donor including, but not limited to, a health care agent appointed under a health care proxy pursuant to chapter 201D, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor's guardian.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 5 - Manner of Making Anatomical Gift Before Donor's Death

Section 5. (a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) by a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least 2 adults, at least 1 of whom shall be a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other individual authorized to make an anatomical gift under section 4 may make a gift by a donor card or other record signed by the donor or other individual making the gift or by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be included on a donor registry. If the donor or other individual is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other individual and such record shall:
(1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the donor or other individual; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) Revocation, suspension, expiration or cancellation of a driver's license or identification card upon which an anatomical gift has been indicated shall not invalidate the gift.
(d) An anatomical gift made by will shall take effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death shall not invalidate the gift.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 6 - Amending or Revoking Anatomical Gift Before Donor's Death

Section 6. (a) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 may amend or revoke an anatomical gift by:
(1) a record signed by:
(i) the donor;
(ii) the other individual; or
(iii) subject to subsection (b), another individual acting at the direction of the donor or other individual if such donor or other individual is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous document of gift or portion of a document of gift, either expressly or by inconsistency.
(b) A record signed pursuant to subclause (iii) of clause (1) of subsection (a) shall:
(1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the donor or other individual; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 adults, at least 1 of whom shall be a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 7 - Refusal to Make Anatomical Gift; Effect of Refusal

Section 7. (a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) a record signed by: (i) the individual; or (ii) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least 2 adults, at least 1 of whom shall be a disinterested witness.
(b) A record signed pursuant to subclause (ii) of clause (1) of subsection (a) shall:
(1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the individual; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) in the manner provided in subsection (a) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to section 5 that is inconsistent with the refusal; or
(3) by destroying or canceling the record or portion thereof evidencing the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in subsection (h) of section 8, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part shall bar all other persons from making an anatomical gift of that individual's body or part.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 8 - Preclusive Effect of Anatomical Gift, Amendment, or Revocation

Section 8. (a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor shall be barred from making, amending or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 5 or an amendment to an anatomical gift of the donor's body or part under section 6.
(b) A donor's revocation of an anatomical gift of the donor's body or part under section 6 shall not be a refusal and shall not bar another person specified in section 4 or 9 from making an anatomical gift of the donor's body or part under section 5 or 10.
(c) If an individual other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 5 or an amendment to an anatomical gift of the donor's body or part under section 6, no other individual may make, amend or revoke the gift of the donor's body or part under section 10.
(d) A revocation of an anatomical gift of a donor's body or part under section 6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or part under section 5 or 10.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 4, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other individual authorized to make an anatomical gift under section 4, an anatomical gift of a part for 1 or more of the purposes set forth in said section 4 shall not operate as a limitation on the making of an anatomical gift of the part for any of the other purposes in said section 4 by the donor or other individual under section 5 or 10.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 9 - Who May Make Anatomical Gift of Decedent's Body or Part

Section 9. (a) Subject to subsections (b) and (c) and unless otherwise prohibited by section 7 or 8, an anatomical gift of a decedent's body or part for transplantation, therapy, research or education may be made by any member of any of the following classes of individuals who is reasonably available, in the order of priority as specified below:
(1) an agent of the decedent at the time of death who could have made an anatomical gift under clause (2) of section 4 immediately before the decedent's death;
(2) the spouse of the decedent;
(3) an adult child of the decedent;
(4) a parent of the decedent;
(5) an adult sibling of the decedent;
(6) an adult grandchild of the decedent;
(7) a grandparent of the decedent;
(8) an adult who exhibited special care and concern for the decedent;
(9) a person who was acting as a guardian of the person of the decedent at the time of death; and
(10) any other person having the authority to dispose of the decedent's body.
(b) If there is more than 1 member of a class listed in clause (1), (3), (4), (5), (6), (7), (9) or (10) of subsection (a) who is entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to whom the gift may pass under section 11 knows of an objection by another member of the class. If an objection is known, the gift shall be made by a majority of the members of the class who are reasonably available.
(c) An individual shall not make an anatomical gift if, at the time of the decedent's death, an individual in a prior class under subsection (a) is reasonably available to make or object to the making of an anatomical gift.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 10 - Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part

Section 10. (a) An individual authorized to make an anatomical gift under section 9 may make an anatomical gift by a document of gift signed by the individual making the gift or by that individual's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (c), an anatomical gift by a person authorized in section 9 may be amended or revoked orally or in a record by any member of a prior class who is or becomes reasonably available after the execution of the document of gift. If more than 1 member of the prior class is or becomes reasonably available after the document of gift was executed, the gift made by an individual authorized under section 9 may be:
(1) amended only if a majority of the reasonably available members agree to amend of the gift; or
(2) revoked if a majority of the reasonably available members agree to the revoking of the gift or if the available members are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) shall be effective only if the procurement organization, transplant hospital, physician or technician knows of the revocation before an incision has been made to remove a part from the donor's body or before an invasive procedure has begun to prepare the recipient.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 12 - Search and Notification

Section 12. (a) The following persons shall make a reasonable search of an individual whom the person reasonably believes to be dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) a law enforcement officer, firefighter, paramedic or other emergency personnel finding the individual; and
(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by clause (1) of subsection (a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c) A person shall not be subject to criminal or civil liability for failing to discharge the duties imposed by this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 13 - Delivery of Document of Gift Not Required; Right to Examine

Section 13. (a) A document of gift need not be delivered during the donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to whom the gift could pass under section 11.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 16 - Sale or Purchase of Parts Prohibited

Section 16. (a) Except as otherwise provided in subsection (b), a person who for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of such part from an individual is intended to occur after the individual's death shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $50,000 or by both such fine and imprisonment.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 17 - Other Prohibited Acts

Section 17. A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal to make a gift shall be punished by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 21/2 years or by a fine of not more than $50,000 or by both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 18 - Immunity

Section 18. (a) A person who acts in accordance with this chapter or with the applicable anatomical gift law of another state or who attempts in good faith to do so, shall not be liable for the act in a civil action, criminal prosecution or administrative proceeding. Following a donor's designation in a donor registry, a signed statement by a donor in an advanced directive or donor card shall be prima facie evidence of good faith.
(b) Neither the person making an anatomical gift nor the donor's estate shall be liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended or revoked under this chapter, a person may rely upon representations of an individual listed in subsection (a) of section 9 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is false.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 19 - Law Governing Validity; Choice of Law as to Execution of Document of Gift; Presumption of Validity

Section 19. (a) A document of gift shall be valid if executed in accordance with:
(1) this chapter;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, then this chapter shall govern the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 20 - Donor Registry

Section 20. (a) The registry of motor vehicles shall maintain the donor registry as set forth in section 8D of chapter 90 to identify individuals who have authorized an anatomical gift at the time of issuance of drivers' licenses, identification cards or renewals. The registrar may contract with qualified entities to assist with the continued development and maintenance of the donor registry and to secure grants from public and private sources and to receive and disburse funds which are assigned, donated or bequeathed to the registry of motor vehicles to cover the costs of the donor registry.
(b) A donor registry shall:
(1) provide a database that includes donors who have made anatomical gifts;
(2) provide a mechanism for an anatomical gift to be removed from the database;
(3) be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near the death of the donor or a prospective donor, whether the donor or prospective donor has made an anatomical gift; and
(4) be accessible for purposes of clauses (1) to (3), inclusive, 7 days a week on a 24–hour basis.
(c) Personally identifiable information on a donor registry about a donor or prospective donor shall not be used or disclosed without the express consent of the donor, prospective donor or person that made the anatomical gift for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.
(d) This section shall not prohibit a person from creating or maintaining a donor registry that is not established by or under contract with the commonwealth; provided, however, that any such registry shall comply with subsections (b) and (c).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 113a - Uniform Anatomical Gift Act › Section 21 - Cooperation Between Medical Examiner and Procurement Organization

Section 21. (a) The chief medical examiner and the district attorneys shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research or education.
(b) The procurement organization authorized to remove an anatomical gift from a donor whose death is under investigation shall remove the donated part from the donor's body after giving notice to the chief medical examiner and the appropriate district attorney, or their respective designees, subject to this section. The chief medical examiner and the district attorney, or their respective designees, shall approve or deny removal of the anatomical gift within a time period that ensures the preservation of the anatomical gift for transplantation. Unless the district attorney objects, the procurement organization may transport the donor's body for the removal of the anatomical gift consistent with this subsection; provided, however, that the procurement organization shall transport the donor's body to the medical examiner's facilities after removal of the anatomical gift when required. The chief medical examiner, or his designee, may permit the removal of the anatomical gift at the medical examiner's office. The chief medical examiner or district attorney, or their respective designees, shall be present during the removal of the anatomical gift if in their judgment such attendance would facilitate a donation that would otherwise be denied. In that case, the chief medical examiner or district attorney, or their respective designees, may request a biopsy or deny removal of the anatomical gift and shall explain the reasons for determining that those tissues or organs may be involved in the cause of death.
(c) No medical examiner, physician, procurement organization who acts or attempts to act in good faith in accordance with this section shall be liable for that act in a civil action or criminal proceeding.