reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.020 - Definitions

Current through Register 1525, July 5, 2024
Approved School of Public Health
shall
				mean any school, which grants a bachelor's degree or a graduate degree in
				public health and which is recognized as accredited by the United States
				Department of Education, or any other educational institution approved by the
				Department.
Board of Health
shall mean the
				appropriate and legally designated health authority of a city, town, or other
				legally constituted governmental unit within the Commonwealth having the usual
				powers and duties of the board of health or health department of a city or
				town.
Certified Health Officer or C.H.O
shall mean a Health Officer who has been duly certified by the Department and
				who maintains such active certification and shall include Health Officers with
				active certification by the Division of Occupational Licensure as of December
				31, 2022.
Contact Hour
shall mean the unit of
				measurement of organized learning experience lasting 50 consecutive
				minutes.
Commissioner
shall mean the
				Commissioner of Public Health.
Continuing Education
shall mean
				planned learning experiences designed to augment the knowledge, skills, and
				attitudes of a Certified Health Officer, for improving the health of the
				public.
Department
shall mean the
				Massachusetts Department of Public Health.
Evaluation
shall mean the process of
				determining whether Objectives have been met.
Health Officer
shall mean a person
				with broad basic education and experience in the physical, biological, and
				social sciences, supplemented by specialization in the field of health
				administration and who is qualified to carry out public health administrative
				duties and enforce the laws in the field of public health.
Objective
shall mean a statement that
				delineates a desired, specific attainable and/or measurable change in a
				learner's behavior.
Program
shall mean seminars,
				educational courses, lectures, conferences, and workshops offered by
				Providers.
Provider
shall mean professional
				organizations and educational institutions recognized by the Department and
				shall include colleges, universities, municipal, state, and federal agencies,
				public health organizations, and other professional associations and
				organizations offering Continuing Education.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.100 - General Provisions of Certification as a Health Officer

Current through Register 1525, July 5, 2024
The Department shall issue a certificate of Certified Health
				Officer to any individual upon satisfactory completion of all applicable
				certification requirements. An applicant who is not eligible for certification
				by reciprocity pursuant to
				105
				CMR 803.230 must meet the education and
				experience requirements of
				105
				CMR 803.200 and satisfactorily pass the
				examination required by
				105
				CMR 803.220.
If an applicant is found qualified by the Department, the
				applicant shall be certified by the Department as a Certified Health Officer,
				with the right to use the title Certified Health Officer and the letters
				"C.H.O." or "CHO". No individual may assume such title or list the credentials
				of Certified Health Officer (C.H.O. or CHO) to indicate that the person is a
				currently Certified Health Officer unless so certified by the
				Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.110 - Certified Health Officers Duties and Responsibilities

Current through Register 1525, July 5, 2024
Certified Health Officers provide leadership in the field of
				public health at the state or local level. In addition to being an
				administrative officer of a health department or board of health, they are
				responsible for evaluating health needs and taking appropriate measures to meet
				those health needs, including developing budgets and programs and directing the
				department staff to carry out their responsibilities efficiently and
				economically, including compliance with applicable statutes and regulations and
				established standards of performance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.200 - Minimum Standards and Qualifications

Current through Register 1525, July 5, 2024
(1) An
			 applicant for certification as a Certified Health Officer must possess the
			 following minimum education and/or experience in order to be eligible for
			 certification:
(a) A degree in medicine or a
			 holder of a license to practice medicine in Massachusetts and one year of
			 professional experience in a position requiring administrative responsibility
			 for public health programs and completion of a course on public health law, as
			 determined by the Department; or
(b) A graduate degree in public health or
			 equivalent as may be determined by the Department from an Approved School of
			 Public Health as defined in
			 105
			 CMR 803.020 and one year of professional
			 experience in a position requiring administrative responsibility for public
			 health programs and completion of a course on public health law, as determined
			 by the Department; or
(c) A
			 bachelor's degree with a minimum of 30 semester hours credit in public health
			 related disciplines from an institution recognized as accredited by the United
			 States Department of Education, or any like institution approved by the
			 Department, plus two years of professional experience in a position requiring
			 administrative responsibility for public health programs and completion of a
			 course on public health law, as determined by the Department.
1. The 30 semester hours credit must be in at
			 least two of the following disciplines:
a.
			 biological, environmental, or related sciences;
b. public health;
c. public health emergency
			 preparedness;
d. health promotion
			 and disease prevention;
e.
			 occupational health;
f. public
			 health and environmental law;
g.
			 infectious disease and surveillance;
h. public health administration and
			 management;
i.
			 epidemiology.
2. The 30
			 semester hours credit may be taken outside the applicant's bachelor's degree
			 program but must be offered by an institution recognized as accredited by the
			 United States Department of Education, or any like institution approved by the
			 Department.
3. As pertains to a
			 particular applicant, the Department shall determine whether a course meets the
			 disciplines listed in
			 105
			 CMR
			 803.200(l)(c)l.
4. In making any determination set forth in
			 105
			 CMR 803.200(l)(c)3., the
			 Department reserves its right to require an applicant to submit documentation,
			 which may include a syllabus, explaining course content to assist the
			 Department in determining whether a specific course qualifies. It is the
			 applicant's responsibility to provide sufficient information regarding specific
			 course content.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.210 - Application for Certification

Current through Register 1525, July 5, 2024
(1)
Filing Procedure
. An individual who desires to be
			 certified as a Certified Health Officer and who meets the standards and
			 qualifications specified in
			 105
			 CMR 803.200 shall complete an application on
			 a form to be prescribed and furnished by the Department.
(2)
Documentary
			 Evidence
. An application shall include proof of satisfactory
			 completion of the education, training, and experience to meet the requirements
			 for certification and proof of having passed such examination as approved or
			 administered by the Department. The application shall include an examination as
			 specified in
			 105
			 CMR 803.220. Said application form shall be
			 filled out completely and shall be accompanied by the following:
(a) Official transcripts, or other official
			 documentation satisfactory to the Department, verifying that the applicant
			 meets the educational requirements specified in
			 105
			 CMR 803.200; and
(b) Work affidavit signed by employer(s) and
			 submitted on a form prescribed and provided by the Department, or other written
			 documentation satisfactory to the Department verifying that the applicant meets
			 the experience requirements specified in
			 105
			 CMR 803.200(l)(c), if
			 applicable; and
(c) A copy of the
			 applicant's government issued identification that includes that applicant's
			 full name and photograph; and
(d)
			 Any and all additional documentation which may be requested in writing by the
			 Department; and
(e) The required
			 certification fee set forth in
			 801 CMR
			 4.00:
Rates.
All fees submitted in
			 conjunction with an application for certification shall be
			 non-refundable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.220 - Examination

Current through Register 1525, July 5, 2024
(1) An applicant for certification as a
			 Certified Health Officer shall be required to pass an examination as determined
			 by the Department.
(2) The
			 Department shall approve a written examination to be administered at least
			 annually to individuals who have applied for certification as Certified Health
			 Officers. The written examination shall test an applicant's reasonable and
			 appropriate capability to perform duties and functions of a Certified Health
			 Officer, and shall be sufficiently thorough to test the applicant's fitness to
			 perform those duties and functions. The Department, or its designee, shall give
			 each applicant reasonable advance written notice as to when and where to appear
			 for the examination, including for online examinations, and shall provide each
			 applicant with their examination results.
(3)
Passing Scores
.
			 The passing score for the examination shall be determined by the Department, or
			 its designee, and shall be sufficient to demonstrate the applicant's
			 proficiency with the subject matter tested.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.230 - Certification by Reciprocity

Current through Register 1525, July 5, 2024
The Department may issue a certificate without examination and
				by reciprocity to any Health Officer who holds a current license,
				certification, or registration issued by another state or jurisdiction,
				provided that:
(1) The requirements
			 for that license, certification, or registration are, as determined by the
			 Department, at least equivalent to those of
			 105 CMR
			 803.000; and
(2) The applicant's license, certification,
			 or registration in any other jurisdiction has not been revoked, suspended, or
			 otherwise encumbered as a result of formal disciplinary proceedings instituted
			 by the government agency responsible for licensure, certification, or
			 registration of Health Officers in that jurisdiction.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.300 - Establishment of Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) As a condition for renewal of
			 certification, a Certified Health Officer shall complete no less than 12
			 Contact Hours of Continuing Education during each one-year period between
			 certification renewals.
(2) A
			 Certified Health Officer seeking renewal of certification shall attest they
			 have completed the number of Continuing Education Contact Hours required by
			 105
			 CMR 803.300 during the one-year period
			 between certification renewals.
(3)
			 The Department may grant an extension of the time for completing such
			 Continuing Education to a Certified Health Officer upon submission by the
			 Certified Health Officer of satisfactory proof of extenuating circumstances
			 preventing the Certified Health Officer from completing the required Continuing
			 Education within the calendar year.
(4) Any Certified Health Officer who is
			 unable to complete the required number of Continuing Education Contact Hours
			 shall not have their certification renewed until they submit evidence
			 satisfactory to the Department that they have completed all required Continuing
			 Education Contact Hours and paid all required fees.
(5) If a particular Continuing Education
			 activity is undertaken by a Certified Health Officer in good faith, but
			 Continuing Education credit for that activity is denied or disapproved by the
			 Department, the Certified Health Officer so affected may be given up to one
			 year from the date of the Department's decision to correct the deficiency.
			 Verification of completion of an acceptable substitute activity shall be
			 submitted to the Department within 60 calendar days of its
			 completion.
(6) A Certified Health
			 Officer shall not be required to complete any Continuing Education in the
			 calendar year in which they obtain their initial certification as a Certified
			 Health Officer.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.310 - Standards for Continuing Education

Current through Register 1525, July 5, 2024
A Continuing Education activity may be used to satisfy the
				Continuing Education requirements set forth in
				105
				CMR 803.300 only if it contributes directly
				to the professional competence of a Certified Health Officer and meets all of
				the applicable standards set forth in
				105
				CMR 803.310.
(1)
Amount of Credit
			 Earned
.
(a) 50 consecutive clock
			 minutes is equivalent to one Contact Hour.
(b) A Certified Health Officer is required to
			 complete a total of 12 Contact Hours for each calendar year.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.320 - Verification of Continuing Education

Current through Register 1525, July 5, 2024
(1) At the
			 time of renewal of the certification, the Certified Health Officer may be
			 required to file a form received from the Department with the renewal
			 application listing information about all activities undertaken to fulfill
			 Continuing Education requirements, including course names, dates, number of
			 hours, signature of Certified Health Officer, and names of institutions or
			 Programs providing the Continuing Education.
(2) The Department has the authority to
			 request that the Certified Health Officer verify any Continuing Education
			 activity which was undertaken not more than three years prior to the date of
			 the last renewal of the individual's certification.
(3) The Certified Health Officer requested to
			 submit verification of a qualifying course, Program, lecture, workshop or
			 conference shall submit a written statement (or photocopy) which shall include
			 the following information:
(a) name of
			 school, institution, or organization which conducted or sponsored the course,
			 Program, lecture, workshop, or conference;
(b) location of the course, Program, lecture,
			 workshop, or conference;
(c) title
			 and authorized number of the course, Program, lecture, workshop or
			 conference;
(d) learning
			 Objectives;
(e) dates of
			 attendance;
(f) hours
			 claimed;
(g) name and signature of
			 authorized representative of the school, institution, or organization which
			 conducted or sponsored the course, Program, workshop, or conference;
			 and
(h) such other information as
			 the Department may reasonably require.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.400 - Renewal of Certification

Current through Register 1525, July 5, 2024
(1) An individual's
			 certification as a Certified Health Officer shall expire at the end of each
			 calendar year and may be renewed on or before January
			 15th of the following year; provided, however, that
			 an individual seeking such renewal shall provide evidence of such Continuing
			 Education as the Department shall require by regulation specified in
			 105
			 CMR 803.300.
(2) An individual's request for certification
			 renewal shall be accompanied by the applicable renewal fee set forth in
			 801 CMR
			 4.00:
Rates.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.410 - Lapse of Certification

Current through Register 1525, July 5, 2024
(1) If a Certified
			 Health Officer allows their certification to lapse, but attempts to renew the
			 certification within three years from the date of its expiration, said
			 Certified Health Officer may obtain renewal of their certification by
			 submitting to the Department the renewal application, together with the
			 required evidence of Continuing Education for the current renewal period and
			 each missed renewal period, the appropriate fee for the current renewal period
			 and all missed renewal periods, and any late fee as may be established by
			 801 CMR
			 4.00:
Rates.
(2) If a Certified Health Officer allows
			 their certification to lapse and does not attempt to renew it within three
			 years from the date of its expiration, the Certified Health Officer shall be
			 treated as though they were applying for initial certification and shall be
			 required to take and pass the examination for initial certification and pay all
			 applicable fees.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.500 - Investigation of Complaints

Current through Register 1525, July 5, 2024
The Department shall review all complaints and determine
				whether the allegations require a formal investigation.
(1) If the Department finds an investigation
			 is not required because the alleged act or practice does not violate
			 105 CMR
			 803.000 or any administrative requirement, protocol,
			 or order of the Department pursuant thereto, the Department shall notify the
			 complainant of this finding and the reasons on which it is based.
(2) If the Department finds an investigation
			 is required, because the alleged act or practice may violate
			 105 CMR
			 803.000 or an administrative requirements, protocol,
			 or order of the Department pursuant thereto, the Department shall
			 investigate.
(3) If the Department
			 finds the act or practice constitutes such a violation, the Department shall
			 apply an enforcement procedure(s), provided in
			 105
			 CMR 803.520 through
			 803.560, as is appropriate to
			 remedy the situation and the Department shall notify the complainant of its
			 actions in this matter.
(4)
			 Investigation of complaints may lead to enforcement actions, including an
			 advisory letter, a letter of deficiency, or a letter of reprimand; a
			 cease-and-desist order; a correction order, as set forth in
			 105
			 CMR 803.530; or a revocation, suspension, or
			 refusal to renew a certification, or a modification of a certification by the
			 Department. The Department may specify in any such enforcement action taken
			 against a Certified Health Officer a requirement to undergo and successfully
			 complete remedial training, in accordance with terms set out in the enforcement
			 action.
(5) Nothing in
			 105
			 CMR 803.500 shall limit the Department's
			 ability to resolve a pending complaint by any other action, including but not
			 limited to the imposition of a fine as permitted by law.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.510 - Deficiencies

Current through Register 1525, July 5, 2024
(1) A deficiency means there is a violation
			 of 105 CMR
			 803.000 or an administrative requirement, protocol, or
			 order of the Department. The Department may find a deficiency exists based upon
			 information received by the Department, such as information received through
			 the complaint procedure, as set forth in
			 105
			 CMR 803.500.
(2) A deficiency may result in the following
			 enforcement action:
(a) an advisory letter, a
			 letter of deficiency, a notice of serious deficiency, a cease-and-desist order,
			 or a letter of reprimand;
(b) a
			 request to submit a written plan of correction as set forth in
			 105
			 CMR 803.520;
(c) a correction order as set forth in
			 105
			 CMR 803.530; or
(d) a denial, suspension, revocation, or
			 refusal to renew a certification.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.520 - Plan of Correction

Current through Register 1525, July 5, 2024
(1) The Department
			 may require any Certified Health Officer pursuant to
			 105
			 CMR 803.510(2)(b)  to submit
			 a written plan of correction for each existing deficiency.
(2) The Certified Health Officer shall
			 specify in the plan of correction the manner in which the deficiency shall be
			 corrected and the date by which the deficiency shall be corrected.
(3) The plan of correction shall be submitted
			 to the Department no later than ten calendar days after written notice of
			 deficiency and request by the Department for submission of such plan, or sooner
			 as determined by the Department if deficiencies threaten health and
			 safety.
(4) The Department shall
			 approve or deny the plan of correction within ten calendar days of receipt of
			 the plan. Failure to respond to a submitted plan of correction within ten
			 calendar days of receipt shall be deemed an acceptance of the plan of
			 correction.
(5) Failure to timely
			 submit an acceptable plan of correction or failure to timely correct the
			 deficiency in accordance with the plan of correction are grounds for further
			 enforcement action including suspension or revocation of a
			 certification.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.530 - Correction Orders

Current through Register 1525, July 5, 2024
The Department may order any Certified Health Officer pursuant
				to 105 CMR 803.510(2)(c)
				 to correct a deficiency by issuing a
				correction order. Each correction order shall contain the following:
(1) A description of the deficiency or
			 deficiencies;
(2) The period within
			 which the deficiency must be corrected, which shall be reasonable under the
			 circumstances. In the case of a deficiency that endangers the public health or
			 safety, the Department or its agent may suspend a certification effective
			 immediately, provided the Certified Health Officer affected shall be promptly
			 afforded an opportunity for an adjudicatory proceeding pursuant to
			 105
			 CMR 803.600.
(3) The provisions of the applicable statutes
			 and regulations relied on in citing the deficiency.
(4) Except for immediate suspension orders,
			 an affected Certified Health Officer may file a written request with the
			 Department for administrative reconsideration of the order or any portion
			 thereof within seven calendar days of the date of the correction order. Such
			 request shall contain sufficient information to allow the Department to
			 adequately reconsider the issuance of the order. Failure of the Department to
			 act upon the written request within seven calendar days of the filing of the
			 request shall be deemed a denial of the request.
(5) If the Department makes a finding in
			 writing that the Certified Health Officer has made a good faith effort to
			 correct the deficiency within the period prescribed for correction and that the
			 correction cannot be completed by the prescribed date, the Department may
			 permit the affected Certified Health Officer to file or amend a plan of
			 correction set forth in
			 105
			 CMR 803.520.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.540 - Denial of Certification

Current through Register 1525, July 5, 2024
(1) If an
			 application for certification is denied on the basis of disputed facts, the
			 denied applicant may request in writing an adjudicatory hearing within 14
			 calendar days of the notice of denial, provided the applicant submits written
			 evidence, which the applicant would offer at a hearing sufficient to support
			 the applicant's factual allegations.
(2) If an application for certification is
			 denied by the Department on the basis of facts over which there is no material
			 dispute, the applicant shall be notified in writing of the reasons for the
			 denial. Any applicant aggrieved by a denial on the basis of undisputed facts is
			 not entitled to an adjudicatory hearing but may seek judicial review under
			 M.G.L. c. 30A, § 14.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.550 - Suspension of Certification

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner may suspend a certification without a hearing if the Commissioner
			 finds public health or safety is endangered. Written notice of the reasons for
			 the suspension shall promptly be issued by the Department. The affected person
			 shall also be notified in writing of the right to an adjudicatory hearing and
			 shall be promptly afforded an opportunity for a hearing provided a written
			 request for a hearing is submitted within 14 calendar days of issuance of
			 notification of suspension.
(2)
			 After hearing or waiver thereof, the Department may modify a certification, or
			 suspend, revoke or refuse to renew a certification.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.560 - Revocation or Refusal to Renew Certification

Current through Register 1525, July 5, 2024
(1) If the Department initiates action to
			 revoke or refuse to renew a certification, the affected person shall be
			 notified in writing of the reasons for the Department's action and of the
			 affected person's right to an adjudicatory proceeding.
(2) Written request for a hearing must be
			 submitted within 14 calendar days of issuance of notification of Department
			 action.
(3) After hearing or waiver
			 thereof, the Department may modify a certification, or suspend, revoke or
			 refuse to renew a certification.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.570 - Nonexclusivity of Enforcement Procedures

Current through Register 1525, July 5, 2024
None of the enforcement procedures contained in
				105 CMR
				803.000 are mutually exclusive. Any enforcement
				procedures may be invoked simultaneously if the situation so
				requires.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.600 - Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1) All
			 adjudicatory proceedings will be conducted in accordance with M.G.L. c. 30A and
			 801 CMR
			 1.00:
Standard Adjudicatory Rules of Practice
			 and Procedure.
(2) The
			 Commissioner shall designate a presiding officer to conduct a hearing and
			 render a tentative decision, containing findings of fact and rulings of law. If
			 the presiding officer finds any single ground for denial, revocation,
			 suspension, or refusal to renew any certification, the presiding officer shall
			 render a decision affirming the action initiated by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.610 - Grounds for Denial of Certification

Current through Register 1525, July 5, 2024
(1) The
			 Department may deny certification on any of the following grounds:
(a) Failure to conform to the application
			 requirements of
			 105
			 CMR 803.210,
			 105
			 CMR 803.220, and
			 105
			 CMR 803.230;
(b) Any actions or omissions which would
			 indicate the health or safety of the public would be at risk should
			 certification be granted;
(c) Any
			 previous violation of
			 105 CMR
			 803.000; or
(d) Any attempt to serve as a Certified
			 Health Officer or to obtain certification through fraud, deceit, or knowing
			 submission of inaccurate data or omission of a material fact.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.620 - Grounds for Suspension. Revocation of Certification, or Refusal to Renew Certification

Current through Register 1525, July 5, 2024
The Department may suspend or revoke certification of any
				Certified Health Officer on the following grounds:
(1) Failing to meet Continuing Education
			 requirements set forth in
			 105
			 CMR 803.300 and
			 105
			 CMR 803.310 for renewal of
			 certification;
(2) Failing to
			 exercise reasonable care, judgment, knowledge, or ability in the performance of
			 duties or to perform those duties within the scope of their training and
			 certification.
(3) Gross misconduct
			 in the exercise of duties;
(4)
			 Committing a criminal offense relating to the performance of a Certified Health
			 Officer's duties including any conviction related to controlled substances
			 violations;
(5) Any condition or
			 action that endangers the health or safety of the public;
(6) Refusing to surrender a certification in
			 violation of
			 105
			 CMR 803.550 or
			 105
			 CMR 803.560;
(7) Failing to submit a plan of correction
			 when required by the Department in accordance with
			 105CMR
			 803.510(2)(b);
(8) Failing to comply with a
			 Department-approved plan of correction pursuant to
			 105
			 CMR 803.520;
(9) Failing to comply with a
			 Department-issued correction order pursuant to
			 105
			 CMR 803.530;
(10) Knowingly making a false statement or
			 omitting a material fact, orally or in an application or other document filed
			 with or obtained by the Department or any other entity relating to
			 certification pursuant to
			 105 CMR
			 803.000;
(11) Having been disciplined in Massachusetts
			 or another jurisdiction (state, United States, or foreign) by a governmental
			 licensing or certification authority, or by the National Board of Public Health
			 Examiners, against a Certified Health Officer (C.H.O.) or other certification
			 or license held by the Certified Health Officer, for acts or conduct
			 substantially similar to that which would constitute grounds for discipline by
			 the Department;
(12) Falsifying
			 reports of Continuing Education courses, seminars, workshops, or completed
			 Contact Hours;
(13) Failing to meet
			 reporting obligations in accordance with
			 105
			 CMR 803.630; or
(14) Any violation of
			 105 CMR
			 803.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.630 - Reporting Obligations of Certified Health Officers

Current through Register 1525, July 5, 2024
(1) Each Certified Health Officer shall file
			 a written report with any local board of health with which they provide
			 services relating to such certification, and with the Department within five
			 calendar days of the following:
(a) The
			 Certified Health Officer's conviction of a misdemeanor or felony in
			 Massachusetts or any other state, the United States, or a foreign country
			 (including a guilty plea,
nolo contendre
or admission to
			 sufficient facts), other than a minor traffic violation for which less than
			 $1,000 was assessed. The following traffic violations are not minor and must be
			 reported: conviction for driving under the influence, reckless driving, driving
			 to endanger, and motor vehicle homicide;
(b) Loss or suspension of the Certified
			 Health Officer's driver's license;
(c) Disciplinary action taken by another
			 governmental licensing jurisdiction (state, United States, or foreign) or the
			 National Board of Public Health Examiners against a Certified Health Officer
			 (C.H.O.) or other certification or license held by a Certified Health
			 Officer.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 803.000 - Certification of Health Officers › Section 803.700 - Severability

Current through Register 1525, July 5, 2024
If any rule contained in
				105 CMR
				803.000 is found to be unconstitutional or invalid by
				a Court of competent jurisdiction, the validity of the remaining rules will not
				be so affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Section 910.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 910.000 is to
				establish standards for the licensure of research institutions using dogs or
				cats in scientific investigation, experimentation, instruction, or for the
				testing of drugs and medicines, and to ensure the humane treatment by the
				licensed institutions of dogs, and cats, specifically, and other animals in
				general.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Section 910.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 910.000 is adopted
				under the authority of M.G.L. c. 140, § 174D.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Section 910.004 - Application

Current through Register 1525, July 5, 2024
(A)
								105 CMR 910.000 is
			 applicable to any research institution which applies for a license pursuant to
			 M.G.L. c. 140, § 174D. Any such institution shall meet all of the
			 requirements of
			 105 CMR 910.000.
(B) Any research institution using dogs and
			 cats in research on the effective date of
			 105 CMR 910.000 which does
			 not meet the standards and criteria of the regulations shall have up to 180
			 days from the effective date hereof to come into compliance. If at the end of
			 180 days, a research institution is still not in compliance with
			 105 CMR 910.000 it may
			 apply to the Commissioner in writing for an extension of time to come into
			 compliance, stating the reasons for such an extension. Upon receiving such
			 request, the Commissioner may further extend the time for compliance for a
			 period not to exceed an additional 60 days.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Licensure and Enforcement › Section 910.020 - Application for License

Current through Register 1525, July 5, 2024
(A) Any research
				institution using dogs or cats in scientific investigation, experiment, or
				instruction or for the testing of drugs or medicines shall apply for a license
				within 60 days of the effective date of
				105 CMR 910.000 on a form
				approved by the Commissioner. A research institution which intends or plans to
				use dogs or cats for the purposes listed above shall, no less than 60 days
				prior to the commencement of such planned or intended use, apply to the
				Commissioner for an initial license.
(B) The applicant shall also submit a
				statement of ownership of the research institution, which shall include the
				names and addresses of all owners, or, in the case of a corporation, the
				officers.
(C) The completed
				application form shall be signed by a legally responsible and duly authorized
				representative of the institution.
(D) The applicant shall provide a statement
				that the institution is in compliance with the rules and regulations
				promulgated by the Commissioner.
(E) The completed application form shall,
				upon request, be accompanied by such records as the Commissioner shall
				otherwise request.
(F) A copy of
				the law and regulations shall be supplied to the applicant together with the
				license application. The applicant shall sign a receipt at the time of the
				prelicensing inspection, acknowledging that the applicant has received a copy
				of the law and regulations. This receipt must be signed by a legally
				responsible and duly authorized representative of the institution.
(G) Upon receipt and review of the
				application for a license or a renewal thereof, and after any inspection or
				investigation of the research institution which may be made, as permitted in
				105 CMR
				910.024, by the Commissioner or his/her
				designated agents, the Commissioner shall issue a license unless it is found,
				after notice and hearing, that the institution is not a fit and proper
				institution to receive such license or that issuance of the license is not in
				the public interest.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Licensure and Enforcement › Section 910.021 - Expiration and Renewal of License

Current through Register 1525, July 5, 2024
(A) Each
				license shall expire on the June 30th next following the date of
				issue.
(B) If a licensee desires a
				renewal of its license, it shall apply for a renewal license at least 60 days
				prior to the expiration of its license, on a form approved by the
				Commissioner.
(C) An applicant for
				a renewal license shall submit a report on its care, handling and veterinary
				treatment of dogs and cats on a form provided by the Commissioner. Such report
				shall be submitted to the Commissioner not later than 30 days prior to
				expiration of the applicant's then current license.
(D) If an application for a renewal license
				is timely filed by the applicant, but is not acted upon by the Commissioner
				prior to its expiration date, it shall be extended in full force and effect
				until such license is either renewed, modified, suspended or revoked by the
				Commissioner.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Licensure and Enforcement › Section 910.023 - Notification

Current through Register 1525, July 5, 2024
A licensee shall notify the Commissioner orally within seven
				  days of any change in its ownership, name or location and of any substantial
				  change in its facilities or activities regarding care and treatment of dogs and
				  cats. If requested by the Commissioner after said notification, the licensee
				  shall promptly submit to the Commissioner a new or amended application,
				  together with written documentation reflecting such change. This written
				  documentation must be received no later than 30 days after a request by the
				  Commissioner.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Licensure and Enforcement › Section 910.030 - Record Keeping

Current through Register 1525, July 5, 2024
(A) Every research
				institution shall make, keep, and maintain systems of records or forms which
				fully and correctly disclose the following information concerning each dog and
				cat purchased or otherwise acquired, owned, held, or otherwise in its
				possession, including any offspring born of such dog and cat while in its
				possession or under its control:
(1) The name
				and address of the person from whom such live dog or cat was purchased or
				otherwise acquired.
(2) The date of
				acquisition of each live dog or cat.
(3) A description of each live dog and cat
				which shall include:
(a) the
				species;
(b) the sex;
(c) date of birth, if known, or approximate
				age;
(d) the color and any
				distinctive markings; and
(e) the
				breed or type.
(4) Any
				identification number or mark assigned to each live dog and cat by such
				research institution, as required in 105 CMR 910.030(B).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Licensure and Enforcement › Section 910.031 - Record Keeping by the Commissioner

Current through Register 1525, July 5, 2024
All inspection reports will be held by the Commissioner and
				  shall be considered public records.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Enforcement Procedures › Section 910.040 - Correction Orders and Administrative Reconsideration

Current through Register 1525, July 5, 2024
(A) Whenever the Commissioner or a designated
				inspection agent finds that a research institution licensed pursuant to
				105 CMR 910.000 is not in
				compliance with any regulation in
				105 CMR 910.000, the
				Commissioner may order the licensee to correct such deficiency. The correction
				order shall include a statement of the deficiencies found, the provisions of
				the regulations relied upon, and the period prescribed for correction, which
				shall be reasonable, depending on the type of deficiencies cited and the time
				required for correction, which shall not exceed 60 days.
(B) The licensee may, within ten days of
				receipt, file a written request with the Commissioner for administrative
				reconsideration. The request shall clearly identify the licensee, state the
				date and nature of the order, the reason why the order should be rescinded or
				modified, and the approximate time required by the licensee to take corrective
				measures.
(C) If the Commissioner
				does not grant, deny, or otherwise act upon a request for reconsideration by a
				research institution within ten days after its receipt by the Commissioner,
				such request for reconsideration shall be deemed denied and the Correction
				Order shall remain in effect. Except in case of emergency, as determined by the
				Commissioner, the running of the time specified in the Correction Order for
				correction of cited deficiencies shall be tolled upon the filing of a request
				for administrative reconsideration by a research institution, and shall
				commence running upon action by the Commissioner or, without such action, upon
				expiration of the ten day reconsideration period.
(D) Upon expiration of the time prescribed in
				a correction order for the correction of deficiencies, the Commissioner or a
				designated inspection agent will reinspect the research institution in order to
				determine compliance by such institution with the correction order. If, upon
				reinspection, the Commissioner makes a determination of substantial
				non-compliance with the correction order, the Commissioner may extend the time
				for compliance or issue an Agency Notice of Action to the research institution
				in accordance with the procedures set forth in
				105 CMR
				910.041(B).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education › Enforcement Procedures › Section 910.041 - Administrative Sanctions

Current through Register 1525, July 5, 2024
(A) After notice
				and hearings as required by 105 CMR 910.041(B), the Commissioner may revoke,
				refuse to issue, refuse to renew, make probationary or suspend a license issued
				pursuant to
				105 CMR 910.000 if the
				Commissioner finds that by reason of the standards, facilities, practices, or
				activities of the licensee, the institution is not fit and proper to receive
				such a license and that the issuance or continuation thereof is not in the
				public interest. Standards, facilities, practices or activities that may render
				the continuation of a license not in the public interest include:
(1) failure to meet any requirement for such
				license established under
				105 CMR 910.000 or, after
				issuance, failure to observe any term of the license;
(2) failure to comply with any applicable
				regulation or deficiency correction order;
(3) furnishing or making false statements or
				reports required under
				105 CMR 910.000;
(4) refusal to submit any reports or make
				available any records required under
				105 CMR 910.000;
(5) refusal to admit at a reasonable time any
				duly authorized representative or designated agent of the Commissioner for
				purposes of investigation or inspection authorized by
				105 CMR 910.000;
(6) conviction in any court of competent
				jurisdiction of any crime which directly or indirectly relates to the humane
				care and treatment of animals.