reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 221 - Breastfeeding in a Public Place

Section 221. (a) A mother may breastfeed her child in any public place or establishment or place which is open to and accepts or solicits the patronage of the general public and where the mother and her child may otherwise lawfully be present.
(b) Notwithstanding any general or special law to the contrary, the act of a mother breastfeeding her child, and any exposure of a breast incidental thereto that is solely for the purpose of nursing such child, shall not be considered lewd, indecent, immoral, or unlawful conduct.
(c) No person or entity, including a governmental entity, shall, with the intent to violate a mother's right under subsection (a), restrict, harass or penalize a mother who is breastfeeding her child.
(d) The attorney general may bring a civil action for equitable relief to restrain or prevent a violation of subsection (c).
(e) A civil action may be brought under this section by a mother subjected to a violation of subsection (c). In any such action, the court may: (i) award actual damages in an amount not to exceed $500; (ii) enter an order to restrain such unlawful conduct; and (iii) award reasonable attorney fees.
(f) A place of religious instruction or worship shall not be subject to this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 226 - Mandatory Overtime for Nurses Prohibited; Exception for Emergency Situations

Section 226. For purposes of this section, ''mandatory overtime'' shall mean any hours worked by a nurse in a hospital setting to deliver patient care, beyond the predetermined and regularly scheduled number of hours that the hospital and nurse have agreed that the employee shall work, provided that in no case shall such predetermined and regularly scheduled number of hours exceed 12 hours in any 24 hour period.
(b) Notwithstanding any general or special law to the contrary, a hospital shall not require a nurse to work mandatory overtime except in the case of an emergency situation where the safety of the patient requires its use and when there is no reasonable alternative.
(c) Under subsection (b), whenever there is an emergency situation where the safety of a patient requires its use and when there is no reasonable alternative, the facility shall, before requiring mandatory overtime, make a good faith effort to have overtime covered on a voluntary basis. Mandatory overtime shall not be used as a practice for providing appropriate staffing for the level of patient care required.
(d) Under subsection (c), the health policy commission established under section 2 of chapter 6D, shall develop guidelines and procedures to determine what constitutes an emergency situation for the purposes of allowing mandatory overtime. In developing those guidelines, the commission shall consult with those employees and employers who would be affected by such a policy. The Commission shall solicit comment from those same parties through a public hearing.
(e) Hospitals shall report all instances of mandatory overtime and the circumstances requiring its use to the department of public health. Such reports shall be public documents.
(f) A nurse shall not be allowed to exceed 16 consecutive hours worked in a 24 hour period. In the event a nurse works 16 consecutive hours, that nurse must be given at least 8 consecutive hours of off-duty time immediately-after the worked overtime.
(g) This section is intended as a remedial measure to protect the public health and the quality and safety of patient care and shall not be construed to diminish or waive any rights of the nurse under other laws, regulations or collective bargaining agreements. The refusal of a nurse to accept work in excess of the limitations set forth in this section shall not be grounds for discrimination, dismissal, discharge or any other employment decision.
(h) Nothing in this section shall be construed to limit, alter or modify the terms, conditions or provisions of a collective bargaining agreement entered into by a hospital and a labor organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 229 - Distribution of Information Regarding Benefits of Annual Immunization Against Influenza for Children

Section 229. (a) The commissioner shall adopt regulations requiring all elementary and secondary schools and all providers of early education to distribute to the parent or guardian of a child in its care information regarding the benefits of annual immunization against influenza for children 6 months of age to 18 years of age. This information shall include the causes and symptoms of the disease, how it is spread, how to obtain additional information regarding the disease and the effectiveness and risks of vaccinations against the disease.
(b) The commissioner shall work with the commissioners of the department of early education and care and the department of elementary and secondary education to ensure that the information is annually distributed to parents in August or September.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 230 - Folic Acid Awareness Initiative

Section 230. The department shall administer a folic acid awareness initiative to increase public awareness of and education on the importance of folic acid to patients, families and health care providers. As part of the initiative, the department shall consider efforts to ensure that women receive the following daily recommended dosage levels of folic acid to prevent neural tube defects: 400 micrograms for women of childbearing age; and 600 micrograms for women during pregnancy. The department shall consult with public and not-for-profit statewide maternal and child health care organizations to promote folic acid awareness.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 231 - Limitation on Patient Assignments per Nurse in Intensive Care Units; Development and Certification of Acuity Tool

Section 231. For the purposes of this section, the term ''intensive care units'' shall have the same meaning as defined in 105 CMR 130.020 and shall include intensive care units within a hospital operated by the commonwealth.
Notwithstanding any general or special law to the contrary, in all intensive care units the patient assignment for the registered nurse shall be 1:1 or 1:2 depending on the stability of the patient as assessed by the acuity tool and by the staff nurses in the unit, including the nurse manager or the nurse manager's designee when needed to resolve a disagreement.
The acuity tool shall be developed or chosen by each hospital in consultation with the staff nurses and other appropriate medical staff and shall be certified by the department. The health policy commission shall promulgate regulations governing the implementation and operation of this section including: the formulation of an acuity tool; the method of reporting to the public on staffing compliance in hospital intensive care units; and the identification of 3 to 5 related patient safety quality indicators, which shall be measured and reported by hospitals to the public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 232 - Collection, Recording and Analyzation of Data on Suicides in the Commonwealth; Annual Report

Section 232. The department, in consultation with the executive office of public safety and security shall, subject to appropriation, collect, record and analyze data on all suicides in the commonwealth. Data collected for each incident shall include, to the extent possible and with respect to all applicable privacy protection laws, the following: (i) the means of the suicide; (ii) the source of the means of the suicide; (iii) the length of time between purchase of the means and the death of the decedent; (iv) the relationship of the owner of the means to the decedent; (v) whether the means was legally obtained and owned pursuant to the laws of the commonwealth; (vi) a record of past suicide attempts by the decedent; (vii) a record of past mental health treatment of the decedent; and (viii) the physical location of the suicide, whether the location is private or public property and the number of known attempts previously made by any other person at the same location.
The department shall annually submit a report, which shall include aggregate data collected for the preceding calendar year and the department's analysis, with the clerks of the house of representatives and the senate and the executive office of public safety and security not later than December 31. Names, addresses or other identifying factors shall not be included.
The commissioner shall work in conjunction with the offices and agencies in custody of the data listed in this section to facilitate collection of the data and to ensure that data sharing mechanisms are in compliance with all applicable laws relating to privacy protection.
Data collected and held by the department to complete the report pursuant to this section shall not be subject to section 10 of chapter 66 and clause Twenty-sixth of section 7 of chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 233 - Palliative Care and Quality of Life Interdisciplinary Advisory Council

Section 233. (a) As used in sections 233 and 234 the following word shall, unless the context clearly requires otherwise, have the following meaning:
''Palliative care'', patient and family-centered medical care that optimizes quality of life by anticipating, preventing, and treating the suffering caused by a medical illness or physical injury that substantially impacts a patient's quality of life, including, but not limited to: addressing physical, emotional, social and spiritual needs; facilitating patient autonomy, access to information and choice; discussing the patient's goals for treatment; discussing the treatment options appropriate for the patient, including, where appropriate, hospice care; and comprehensive pain and symptom management.
(b) There shall be a palliative care and quality of life interdisciplinary advisory council within the department.
The council shall be appointed by the commissioner and shall consist of 13 members representing the interdisciplinary fields of palliative care, medicine, nursing, social work, pharmacy, spirituality and the area of patient and family caregiver advocacy. The commissioner may appoint other members that the commissioner deems appropriate. Membership shall include health professionals having palliative care work experience or expertise in palliative care delivery models in a variety of inpatient, outpatient and community settings, including acute care, long-term care and hospice and with a variety of populations, including pediatric, youth and adults. At least 2 council members shall be board-certified hospice and palliative medicine physicians or nurses. Council members shall serve for a period of 3 years at the pleasure of the commissioner. The members shall elect a chair and vice chair whose duties shall be established by the council. The department shall provide a place for regular meetings of the council, which shall meet at least twice each year.
Council members shall receive no compensation for their services, but shall be allowed actual and necessary expenses in the performance of their council duties.
The council shall consult with and advise the department on matters related to the establishment, maintenance, operation and evaluation of palliative care initiatives in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 234 - Palliative Care Consumer and Professional Information and Education Program

Section 234. Subject to appropriation, there shall be a statewide palliative care consumer and professional information and education program within the department. The program shall work to maximize the effectiveness of palliative care initiatives in the commonwealth by making comprehensive and accurate information and education about palliative care available to the public, health care providers and health care facilities.
The department shall publish information and resources about the program on its website, including links to external resources, for the public, health care providers and health care facilities, including, but not limited to, the following: (i) continuing educational opportunities for health care providers; (ii) information about palliative care delivery in the home and in primary, secondary and tertiary environments; (iii) best practices for palliative care delivery; and (iv) consumer educational materials and referral information for palliative care, including hospice.
The department may develop and implement other initiatives regarding palliative care services and education that the department determines to further the purposes of this section.
In implementing the program, the department shall consult with the palliative care and quality of life interdisciplinary advisory council established in section 233.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 237 - Analysis of Population Health Trends; Opiate Overdoses

Section 237. The commissioner shall collect, record and analyze data, and shall assemble and maintain data systems, necessary to analyze population health trends. The commissioner shall give priority to analyzing fatal and nonfatal opiate overdoses. The commissioner may identify and determine additional priorities for the reduction of morbidity and mortality.
Notwithstanding section 74 of chapter 6, sections 16 to 16Y, inclusive, of chapter 6A, chapter 12C, chapter 19A, chapter 46, chapter 94C, chapters 111 to 111O, inclusive, chapter 112, chapter 118E, chapter 119, chapter 120, chapter 123, and chapter 123B, the center for health information analysis and any office or agency within the executive branch shall provide, upon request from the commissioner, information necessary to conduct the analysis required by this section if the provision of such information is otherwise consistent with federal and state law. The commissioner may request from any office or agency within the judicial branch, and any such office or agency may provide, information necessary to conduct this analysis required by this section if the provision of such information is otherwise consistent with federal and state law.
The commissioner shall develop policies and procedures for the governance of such data and data systems, which shall include provisions for confidentiality and security. Information or data provided or accessed under this section shall be confidential, shall not be used to identify any individual and shall be used solely for the conduct of analysis pursuant to this section. Such information or data shall not be considered a public record, shall be exempt from disclosure under section 10 of chapter 66 and shall not be subject to subpoena or discovery or admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency or person. All resulting reports shall provide data in an aggregate and de-identified format.
The commissioner shall, not less than biennially, prepare and submit a report on priority public health trends. The report shall be publicly available and shall be filed with clerks of the senate and the house of representatives, the house and senate chairs of the joint committee on mental health, substance use and recovery, the house and senate chairs of the joint committee on public health and the house and senate chairs of the joint committee on health care financing.
The commissioner may promulgate regulations to implement this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 238 - Promoting Awareness of Reproductive Health Care Facilities in the Commonwealth

Section 238. The department of public health shall develop and implement a public information campaign to promote awareness of reproductive health care facilities in the commonwealth, including those that offer or perform abortions. The campaign shall include, but not be limited to: (i) educating reproductive health care professionals, patients and the general public regarding any and all limitations placed on the use of federal Title X family planning program funds by the U.S. Department of Health and Human Services; (ii) establishing a website, translated into multiple languages, with comprehensive information on reproductive health care facilities in the commonwealth, including those that offer or perform abortions and providing information relating to costs and payment options; (iii) training licensed reproductive health care providers to refer all patients who are or may become pregnant to said website; and (iv) performing targeted outreach to appropriate populations who may lack access to information concerning reproductive health options in the commonwealth. As a part of this campaign, the department of public health shall only provide the specific location of health care facilities where abortions are offered or performed to the extent that doing so does not impede the safety or security of persons who attempt to access such facilities. The department of public health shall monitor and analyze any changes to the distribution and availability of reproductive health services in the commonwealth and shall share this data with the health planning council and the health disparities council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 239 - Promulgation of Regulations Regarding the Advertisement and Sale of Tobacco Products and Electronic Nicotine Delivery Systems

Section 239. The department of public health shall promulgate regulations concerning: (i) the sale of tobacco products, as defined in section 6 of chapter 270, to persons under the age of 21; (ii) the sale of electronic nicotine delivery systems as defined in section 7E of chapter 64C; (iii) the advertisement of and signage for tobacco products and electronic nicotine delivery systems; and (iv) the operation of retail tobacco stores and smoking bars as defined in section 22 of chapter 270. The regulations may provide for penalties for violations of regulations promulgated pursuant to this section. A violation of this section may be a civil violation.
Regulations shall include, but not be limited to: (i) a requirement that tobacco stores and smoking bars conspicuously post signage as required by the department; and (ii) a prohibition of the use of fraudulent or misleading statements in the advertisement of tobacco products.
This section shall not limit the right of an appropriate authority in a city or town to adopt rules and regulations as may be necessary; provided, however, that such a rule or regulation shall not conflict with regulations promulgated by the department or state or federal law.
The commissioner of public health shall send proposed regulations drafted pursuant to this section to the house and senate committees on ways and means and the joint committee on public health not less than 90 days before filing the proposed regulations with the state secretary; provided, however, that in promulgating an emergency regulation, the commissioner shall send notice of the changes, including the emergency regulation, to the house and senate committees on ways and means and the joint committee on public health on the same day that the emergency regulation is filed with the state secretary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 240 - Reimbursement for Travel and Ancillary Costs for Cancer Clinical Trials

Section 240. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Cancer clinical trials'', research studies that test new cancer treatments on people, including, but not limited to, medications, chemotherapies, stem cell therapies and other treatments.
''Inducement'', paying a person money, including a lump sum or salary payment, to participate in a cancer clinical trial.
''Subject'', a person who participates in a cancer clinical trial.
''Travel and ancillary costs'', any reasonable costs incurred by a person in connection with their participation in a cancer clinical trial, including, but not limited to, travel and lodging expenses.
(b)(1) Reimbursement of a subject's travel and ancillary costs shall not be deemed an inducement or as exerting undue influence to participate in a cancer clinical trial.
(2) The informed consent process shall inform potential subjects if:
(i) reimbursement for travel and ancillary costs is available to subjects based on financial need;
(ii) reimbursement of travel and ancillary costs is provided to eliminate financial barriers to enrollment in order to retain subjects in the clinical trial; and
(iii) family, friends or chaperones that attend the cancer clinical trial treatments to support the subject are eligible for reimbursement of their reasonable travel and ancillary expenses.
(c) Governmental entities, study sponsors, public and private foundations, corporations and individuals may offer financial support to cover travel and ancillary costs through their support of third-party nonprofit corporations and public charities that seek to increase enrollment, retention and minority participation in cancer clinical trials.
(d) Reimbursement plans to cover travel and ancillary costs shall be reviewed and approved by a duly appointed institutional review board or independent ethics committee reviewing on behalf of a health care facility in conjunction with the review of the proposed cancer clinical trial. The nature of the support for travel and ancillary costs and general guidelines on financial eligibility shall be disclosed to subjects. The reimbursement process shall conform to state and federal laws and guidance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 243 - Parkinson's Disease Registry

Section 243. (a) The department shall establish a Parkinson's disease registry for the collection of information necessary to determine the incidence and prevalence of Parkinson's disease in the commonwealth.
(b) There shall be within the department a Parkinson's disease registry advisory committee to advise and assist in the development, implementation and progress of the Parkinson's disease registry established in subsection (a). The committee shall review and submit recommendations on: (i) what data shall be collected, including, but not limited to, demographic information and data by areas and regions of the commonwealth, with specific data from urban, low and median income communities and minority communities of the commonwealth; (ii) the means of collecting and disseminating such data; (iii) how to ensure privacy and confidentiality of such data; (iv) the purpose, design and functionality of the registry; and (v) the implementation of the registry. The committee shall recommend to the department any information deemed necessary and appropriate for the statistical identification and planning for treatment and education of health care providers and persons diagnosed with Parkinson's disease.
The committee shall consist of the commissioner, or a designee, and 10 members to be appointed by the commissioner as follows: 3 physicians, 1 of whom shall be a general neurologist, 1 of whom shall be a movement disorder specialist and 1 of whom shall be a primary care physician; 1 health informaticist; 2 population health researchers familiar with registries; 2 Parkinson's disease researchers; and 2 persons diagnosed with Parkinson's disease. The committee shall meet at least bi-annually to assess registry progress and recommend changes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 2 - Application of Chapter

Section 2. The programs or activities of the organization known as Alcoholics Anonymous or any other private organization in the field of alcoholic rehabilitation shall not be restricted or regulated by the provisions of this chapter.
Nothing herein contained shall affect any laws, ordinances, by-laws, resolutions or regulations against driving after drinking alcohol, driving under the influence of alcohol, or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 3 - Definitions

Section 3. In this chapter the following words shall, unless the context requires otherwise, have the following meanings:—
''Administrator'', the person in charge of the operation of a facility, or his designee.
''Alcoholic'', a person suffering from alcoholism.
''Alcoholism'', a medically diagnosable disease characterized by chronic, habitual or periodic consumption of alcoholic beverages resulting in the (1) substantial interference with an individual's social or economic functions in the community, or (2) the loss of powers of self-control with respect to the use of such beverages.
''Commissioner'', the commissioner of public health.
''Department'', the department of public health.
''Director'', the director of the division of alcoholism.
''Division'', the division of alcoholism.
''Facility'', any public or private place, or portion thereof, providing services especially designed for the detoxification of intoxicated persons or alcoholics.
''Halfway house for alcoholics'', an intermediate care center in a community which provides temporary residential accommodation, guidance, supervision, and personal adjustment services for a group of three or more sober alcoholics, provided it shall not be deemed a facility as defined in section three of chapter one hundred and eleven B or a permanent residence.
''Incapacitated'', the condition of an intoxicated person who, by reason of the consumption of intoxicating liquor is (1) unconscious, (2) in need of medical attention, (3) likely to suffer or cause physical harm or damage property, or (4) disorderly.
''Independent physician'', a physician registered in accordance with chapter one hundred and twelve, other than one holding an office or appointment in any department, board or agency of the commonwealth, or in any public facility.
''Juvenile'', any person who is between seven and seventeen years of age.
''Patient'', any person admitted to a facility.
''Treatment'', services and programs for the care of intoxicated persons and alcoholics.
''Treatment program unit'', any public or private place, or portion thereof, providing any type of inpatient recovery services or outpatient services, or both, designed especially for the treatment and rehabilitation of alcoholics. This classification shall not include detoxification facilities or halfway houses for alcoholics.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 4 - Coordination of Alcoholism Programs; Rules and Regulations; Providing for Facilities and Services

Section 4. The department shall coordinate matters affecting alcoholism in the commonwealth, shall establish and conduct a program for the treatment of intoxicated persons and alcoholics, including juveniles and young adults, their rehabilitation and the prevention of alcoholism in cooperation with public and private agencies, business and industry, and shall provide technical assistance and consultation services whenever required. The department may adopt rules and regulations to carry out its powers and duties under this chapter. The department shall be responsible for assuring that the following services are available and shall utilize community mental health centers and existing facilities and services available within the private sector whenever possible: (1) detoxification services on a twenty-four hour basis in or near population centers which meet the immediate medical and physical needs of intoxicated persons, including necessary diagnostic and referral services; (2) medical and hospital services which are available on a twenty-four hour basis and which, whenever possible, are provided in existing general hospital facilities; (3) rehabilitation services, including family care, residential aftercare and appropriate therapy which, whenever possible, shall be coordinated with the Massachusetts rehabilitation commission; (4) inpatient psychiatric services for those alcoholics whose diagnosis reflects serious alcoholic related mental disturbances which, whenever possible, shall be conducted with services available in the department of mental health; and (5) training programs for professional and nonprofessional workers in the field of treatment and rehabilitation of alcoholics and intoxicated persons. The department shall not grant its approval for the establishment or maintenance of a facility, pursuant to section seven, in any jail, house of correction or institution operated by the department of correction; provided, however, the department shall grant its approval for the establishment and maintenance of a facility in the Massachusetts correctional institutions at Bridgewater and Framingham, if such facility meets the standards and procedures set forth in section seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 5 - Powers and Duties of Department

Section 5. The department may: (1) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter including, but not limited to, contracts with government departments, public and private agencies and facilities, physicians and other persons rendering services to alcoholics; provided, however, that all rates are to be established in accordance with the provisions of chapter six A wherever applicable; and provided further, that the income and resource standards under chapter one hundred and eighteen E for determining the financial ability of alcoholics to pay for services shall be taken into consideration to the fullest extent possible; (2) establish and operate facilities if adequate public and private resources are not available; and (3) solicit and accept for use in relation to the purposes of this chapter any gift or bequest of money or property and any grant or loans of money, services or property from the federal government, the commonwealth or any political subdivision thereof. Any money received under clause (3) shall be deposited with the state treasurer to be kept in a separate fund in the treasury for expenditure by the department in accordance with the conditions of the gift, bequest, loan or grant without specific appropriation.
The department shall prepare and publish annually a list of all of its facilities and services operated by the division, shall make this list available upon request to members of the public and shall furnish each police department in the commonwealth with a copy of such list.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 7 - Detoxification Facility; Admission Procedure; Treatment; Notification to Family; Transportation; Aftercare Treatment

Section 7. Any person who is intoxicated and voluntarily applies for treatment at a detoxification facility or is brought to said facility in accordance with section eight shall be afforded treatment there or at another facility.
Prior to the admission of any person, the administrator of the facility shall cause him to be evaluated by physician-supervised personnel, experienced in alcoholism diagnosis. If there is any concern about the health or the immediate treatment needs of such person, he shall be examined by a physician. If upon said evaluation or examination, a determination is made that the person is intoxicated or is an alcoholic, and adequate and appropriate treatment is available, he shall be admitted. If any person is not admitted for the reason that adequate and appropriate treatment is not available at the facility, the administrator of the facility, acting whenever possible with the assistance of the director, or his designee, shall refer the person to a facility at which adequate and appropriate treatment is available. In the event that a person is not admitted to a facility, and has no funds, the administrator shall arrange for the person to be assisted to his residence, or if he has no residence to a place where shelter will be provided him.
Any person admitted to a facility shall receive treatment at the center or facility for as long as he wishes to remain or until the administrator determines that treatment will no longer benefit him; provided, however, that any person who at the time of admission is intoxicated and is incapacitated, shall remain at the facility until he is no longer incapacitated, but in no event shall he be required to remain for a period greater than forty-eight hours, or if any such person is committed for rehabilitative purposes to the Massachusetts correctional institution, Bridgewater or to the Massachusetts correctional institution, Framingham, he shall be required to remain for a period of not less than ten days.
When a person is admitted to a facility, his family shall be notified as soon thereafter as possible. If a patient who is not incapacitated requests that notification not be given, his request shall be respected. Any person, unless transported by the police, who is transported to a facility or from one facility to another or from a facility to his residence shall be transported by the department, or other persons authorized by the department. Said department shall promulgate rules and regulations regarding such transportation, and where necessary shall bear the expense thereof.
Upon discharge from or upon leaving a facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment; provided, however, that a patient shall not be referred to alcohol and drug free housing unless such housing is certified pursuant to section 18A of chapter 17.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 9 - Powers of Administrator

Section 9. Each person who receives treatment at a facility shall be subject to the supervisory powers of the administrator exercised in accordance with rules and regulations of the department; however, if the facility is operated by a department or agency of the commonwealth other than the department of public health, the administrator shall exercise his supervisory powers subject to the rules and regulations of the department which operates the facility.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 10 - Juvenile Patients or Juveniles Held in Protective Custody

Section 10. Any person under the age of eighteen who is a patient at a facility, pursuant to section seven, or held in protective custody at a police station pursuant to section eight shall, upon request of his parent or guardian, be released to the custody of said parent or guardian. All rights afforded any person under this chapter shall apply to juveniles. Any provisions of this chapter requiring the consent of a person shall, if the person is a juvenile, require the consent of both the juvenile and his parent or guardian.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 11 - Treatment Record; Patient's Rights

Section 11. The administrator of each facility shall keep a record of the treatment afforded each patient, which shall be confidential and shall be made available only upon proper judicial order, whether in connection with pending judicial proceedings or otherwise.
Any patient shall have the right to have a physician retained by him examine him, consult privately with his attorney, receive visitors, and send and receive communications by mail, telephone and telegraph. Such communications shall not be censored or read without consent of such patient. The foregoing shall not limit the right of the administrator, subject to reasonable rules and regulations of the department, to prescribe reasonable rules governing visiting hours and the use of telephone and telegraph facilities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111b - Alcoholism › Section 12 - Service Forces; Establishment; Nature; Duties

Section 12. The commonwealth, the several counties, cities and towns, subject to appropriation, may establish service forces to perform the function of the police in accordance with the provisions of section eight. Such service forces may be a part of a police department, the department, or may be a separate unit. Members of the force shall be trained to carry out the responsibilities of police, and other individuals as these are set out in section eight, including the administration of first aid to intoxicated persons in need of medical assistance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 5 - Contracts Between Department and Regional Ems Councils

Section 5. (a) The department shall enter into contracts with each of the regional EMS councils for the purposes set forth in section 4 in the form established by the department, and may enter into contracts with other entities for the planning, initiation, maintenance, development, expansion, improvement, coordination and evaluation of elements of the EMS system, in accordance with this chapter.
(b) If a contract is entered into under this section with a regional EMS council, no other contract may be entered into under this section with any other regional EMS council for the term thereof for the same region or for a region which includes, in whole or substantial part, such region.
(c) Contracts under this section may only be used for the funding of necessary, reasonable and appropriate costs.
(d) The contract amount payable annually by the department to each regional EMS council shall be determined according to a formula promulgated as a regulation by the department that takes into account the similarities and differences among the regions.
(e) All recipients of contracts under this section shall make reports to the department as may be required by the department.
(f) No contract may be made under this section unless an application has been submitted to the department in the form prescribed by the department and the applicant satisfies the criteria for contract award established by the department.
(g) The department shall provide technical assistance, as appropriate, to regional EMS councils and to other eligible entities as necessary for the purpose of their carrying out the provisions of contracts under this section.
(h) Payments pursuant to contracts under this section may be made in advance or by way of reimbursement and in such installments and on such conditions as the department determines will most effectively carry out the provisions of this chapter; provided, however, that payments pursuant to contracts under this section with regional EMS councils shall be made annually.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 7 - Ems Vehicles; Inspection; Certificate

Section 7. Prior to issuing a license under section 6, the department may conduct an inspection of EMS vehicles to be listed in such license. Each person to whom a license is issued shall be entitled to a certificate of inspection for each such EMS vehicle upon proof that the EMS vehicle is in compliance with such requirements as the department may establish by regulation for a certificate of inspection. Each certificate shall be valid only for the vehicle for which it is issued and to the service for which it is issued, and shall not continue in force after the expiration or transfer of the license under which it is issued; provided, however, that if a complete renewal application is properly filed with the department, then each certificate issued in connection with the previously issued license shall continue in force until the department acts on the application. Each service issued a certificate of inspection shall cause such certificate to be displayed in such emergency medical services vehicle in such manner as the department may prescribe by regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 8 - Modification of License; Written Request; Restrictions on Transfer, Assignment, and Abandonment

Section 8. (a) Any service seeking to modify any term of its license, including, without limitation, changing its number of certified EMS vehicles, changing its level of service, or adding or deleting places of business from which advanced life support services are provided, shall file a request in writing with the department. The department shall not grant such request unless it finds that the modification requested is in the public interest, and in the case of modification involving a substantial change in the nature and scope of the service, that such change serves a need for emergency medical care. A service may file a request for license modification as part of a renewal application under section 6, and the department shall consider, and act upon, such request and the application at the same time.
(b) No service shall abandon the license issued to it. No service shall cease operations other than temporarily, in the ordinary course of business, without surrendering its license to the department. No service shall transfer or assign in any manner, voluntarily, or involuntarily, directly or indirectly, or by transfer of control of any asset or any equity interest in any entity, the license issued to it, or any rights thereunder, without first obtaining the department's written permission upon application to the department. Every application shall contain such information as the department may require and shall be disposed of in a timely manner. The department shall grant written permission only if the department finds that transferee or assignee is responsible and suitable to maintain a service and meets such requirements as the department has established by regulation for a license. Every denial order shall include a statement of the reasons for denial and the provisions of law relied upon, and shall be subject to judicial review through a petition for a writ of certiorari brought within 30 days under section 4 of chapter 249. Any transfer or assignment in violation of this section shall be void.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 9a - Emergency Treatment of Police Dogs

Section 9A. (a) EMS personnel shall provide emergency treatment to a police dog injured in the line of duty and transport such police dog by ambulance to a veterinary care facility equipped to provide emergency treatment to dogs; provided, however, that EMS personnel shall not transport an injured police dog if providing such transport would inhibit their ability to provide emergency medical attention or transport to a person requiring such services.
(b) The department, in consultation with the Massachusetts Veterinary Medical Association and the department of state police's K9 unit, shall develop policies and procedures for each region that shall include, but not be limited to: (i) appropriate training of EMS personnel to provide police dogs basic level first aid, cardiopulmonary resuscitation and life-saving interventions, including, but not limited to, administering naloxone; provided, however, that nothing in this section shall authorize the provision of advanced life support care to a police dog; (ii) safe handling procedures for injured police dogs, including, but not limited to, the use of a box muzzle and response coordination with a law enforcement official trained in handling police dogs; (iii) identification of veterinary facilities that provide emergency treatment for injured police dogs; (iv) decontamination of stretchers, the patient compartment and any contaminated medical equipment after a police dog has been transported by EMS vehicle; and (v) sterilization of the interior of an EMS vehicle before being returned to human service, including, but not limited to, sanitizing all allergens and disinfection to a standard safe for human transport.
(c) The department may grant a waiver of this section if the department determines that compliance poses a safety risk to the public. The department shall develop regulations regarding applications and issuance of such a waiver.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111c - Emergency Medical Services System › Section 12 - State Medical Director; Regional Medical Directors; Duties

Section 12. (a) The commissioner shall appoint a state medical director, who shall serve at the pleasure of the commissioner, and who shall be a qualified emergency physician. The department may establish additional qualifications for the position of state medical director by regulation. The duties and responsibilities of the state medical director shall be to:
(1) provide clinical oversight for the state's EMS system assuring that adequate and appropriate attention is paid to the special needs of children and other special populations;
(2) advise the department on clinical standards and protocols, qualifications of EMS personnel to operate under medical direction, and statewide on-line and off-line pre-hospital treatment protocols;
(3) establish and lead a continuous quality improvement system for the clinical aspects of the state's EMS system, including, without limitation, a system of case reviews to be conducted by medical peer review committees established for the purpose of reviewing EMS;
(4) provide other related services as may be required by the department from time to time.
(b) Each regional EMS council shall appoint a regional medical director, who shall be a qualified emergency physician. The department may establish additional qualifications for the position of regional medical director by regulation. The duties and responsibilities of each regional medical director shall be, under the general direction and oversight of the state medical director, to:
(1) provide clinical oversight for the region's emergency medical services system assuring that adequate and appropriate attention is paid to the special needs of children and other special populations;
(2) advise the regional EMS council on clinical standards and protocols, including, without limitation, qualifications of EMS personnel to operate under medical direction and statewide on-line and off-line pre-hospital treatment protocols;
(3) establish and lead continuous quality improvement system for the clinical aspects of the region's EMS system, including, without limitation, a system of case reviews to be conducted by medical peer review committees established for the purpose of reviewing EMS;
(4) provide other related services as may be required by the council, from time to time.