reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 4.00 - Scope of Practice › Section 4.03 - Practice Requirements

Current through Register 1525, July 5, 2024
(1)
Informed Consent.
A naturopathic doctor shall obtain a
			 signed informed consent from the patient upon establishing care and after
			 advising the patient of the licensee's scope of practice and
			 qualifications.
(2)
Patient Records.
(a)
			 A naturopathic doctor shall maintain a patient's medical record for a minimum
			 of seven years from the date of the patient's last treatment. The medical
			 record of a minor shall be retained for a minimum of seven years from the date
			 of the patient's last treatment or three years from the date the patient
			 reaches eighteen years old, whichever is later.
(b) All patient records shall be
			 confidential, maintained securely according to accepted standards and contain,
			 but not be limited to, the following:
1. A
			 copy of the informed consent;
2.
			 Evidence of a patient interview regarding the patient's medical history and
			 current physical condition;
3.
			 Evidence of all material naturopathic treatment facts and options provided to
			 the patient or patient's legal representative and treatment recommendations
			 made according to standards of good naturopathic medical practice.
4. Evidence of an examination and
			 assessment;
5. Record of the
			 treatment provided; and
6. A copy
			 of all instructions and referrals for testing or further assessment of another
			 healthcare provider.
(c)
			 A naturopathic doctor shall provide upon written request by a patient or
			 patient's authorized person, a complete copy of the patient's medical record in
			 accordance with M.G.L. c. 112, §12CC. A copy of the patient record shall
			 be provided no later than 30 calendar days from the date of the request. A
			 licensee may charge a reasonable fee for providing a copy of the patient's
			 medical record consistent with M.G.L. c. 111, § 70.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 5.00 - Professional and Ethical Standards of Conduct › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
273 CMR 5.00 defines the standards of conduct for all
				naturopathic doctors licensed by the Board of Registration in
				Naturopathy.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 6.00 - Continuing Education › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 273 CMR 6.00 is to outline the continuing
				education (CE) requirements for maintaining and renewing a license. Each
				naturopathic doctor seeking renewal of a license to practice in the
				Commonwealth shall complete CEs as a condition precedent to such
				renewal.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 6.00 - Continuing Education › Section 6.02 - General Requirements

Current through Register 1525, July 5, 2024
(1) A
			 naturopathic doctor licensed in the Commonwealth shall complete a minimum of 50
			 CEs during the 24 months immediately preceding the [renewal date/year] as a
			 precondition to renew a license.
(2) A new graduate of Board-approved
			 naturopathic medical college meeting the requirements at 273 CMR 3.04(2)(a) is
			 exempt from the requirements of 273 CMR 6.00 for the licensing period in which
			 the licensee graduates, except for 273 CMR 6.03(1) and (4).
(3) A naturopathic doctor renewing a license
			 shall submit to the Board a statement, signed under pains and penalties of
			 perjury, that the licensee completed the required CEs in the 24 months
			 immediately preceding the [renewal date/year].
(4) CEs taken in one renewal cycle shall not
			 be carried over to the next renewal cycle, unless approved by the
			 Board.
(5) CEs required by a
			 consent agreement or by final decision and order of the Board shall not count
			 toward license renewal.
(6) A
			 naturopathic doctor seeking reinstatement of a license which has expired, or is
			 suspended or revoked by the Board shall, upon request of the Board, submit
			 documentation of completion of CEs equal to the requirements for the number of
			 renewal cycles in which his or her license has been expired, suspended or
			 revoked in Massachusetts.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 6.00 - Continuing Education › Section 6.03 - Required Continuing Education

Current through Register 1525, July 5, 2024
(1) A
			 naturopathic doctor must complete six hours of Board-approved pain management
			 training by the end of the first licensing cycle after initial licensure.
			 Nothing in this provision is intended to expand or limit the scope of practice
			 for naturopathic doctors in 273 CMR 4.00:
Scope of Practice
and 5.00:
Professional and Ethical Standards of
			 Conduct
.
(2) A
			 naturopathic doctor must complete one hour of medical ethics in the 24 months
			 immediately preceding [expiration/year].
(3) A naturopathic doctor must obtain at
			 least two hours of Board-approved pharmacy continuing education in the 24
			 months immediately preceding [expiration/year]. The following examples of
			 acceptable CE programs are:
(a)
			 bio-pharmacology;
(b) non-formulary
			 substances or drugs relevant to patient care;
(c) substances listed in drug formulary and
			 their application to patient care;
(d) drug-drug, drug-herb, drug-nutrient
			 interactions and contraindications; and
(e) research of formulary substances and
			 drugs in conjuncture with naturopathic medical care.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 6.00 - Continuing Education › Section 6.04 - Criteria for Acceptance

Current through Register 1525, July 5, 2024
(1) CE
			 activities must have significant intellectual or practical content which deals
			 primarily with matters directly related to the practice of naturopathic health
			 care or with the professional responsibilities or ethical obligations of the
			 profession. Nonclinical subjects relevant to naturopathic health care may meet
			 the criteria for acceptance for CE credit.
(2) Acceptable CE for credit must:
(a) Be presented by naturopathic doctors,
			 other physicians, or other professionally acknowledged health care educators
			 with expertise in the subject matter taught;
(b) foster the competency and skills of the
			 naturopathic doctor;
(c) consist of
			 education covering review, new, experimental, research or specialty subjects
			 relevant to the practice of naturopathic health care;
(d) exclude the selling or promotion of
			 proprietary products or practice building; and
(e) not misrepresent or mislead the end
			 result/skill to be gained by the education or training offered.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 6.00 - Continuing Education › Section 6.05 - Categories of Continuing Education Programs

Current through Register 1525, July 5, 2024
A naturopathic doctor may receive CE credit for the following
				qualifying education. Continuing education may be approved based on the
				following criteria:
(1) Continuing
			 education provided by recognized professional health care licensing agencies,
			 hospitals, or institutions; or programs accredited by the Accreditation Council
			 for Continuing Medical Education (ACCME), the North American Naturopathic
			 Continuing Education Accreditation Council
			 (NANCEAC),1 the American Council on Pharmaceutical
			 Education (ACPE), or the American Association of Naturopathic Physicians
			 (AANP), or continuing education approved by other state boards licensing
			 naturopathic doctors, state associations of states that license naturopathic
			 doctors, or continuing education otherwise approved by the Board. A
			 naturopathic doctor may obtain 100% of CEs for attending or participating in
			 live, webinar, or other interactive courses or presentations.
(2)
Video or Audio CE Courses or
			 Seminars
: A naturopathic doctor may receive up to 20 credits per
			 renewal cycle for video or audio recorded CE courses or seminars. Verification
			 must include an original outline of the presentation as well as the name and
			 date of the presentation and the date of review, length of course or seminar,
			 and sponsor information.
(3)
Literature Review
: A naturopathic doctor may receive
			 up to five credits per renewal cycle for literature review. The Board credits
			 one hour of CE for each article reviewed. Articles must be from peer-reviewed
			 publications and verification must include the article's title, full journal
			 citation and time spent reviewing such article.
(4)
Research
: A
			 naturopathic doctor may receive up to 10 CE credits per renewal cycle for
			 participation in research related to the advancement of naturopathic health
			 care. The CE credit for research shall be preapproved by the Board and such
			 research shall be directed by a Board-recognized educational or medical
			 institution or organization and fully compliant with all federal and state laws
			 related to conducting research. A request for Board approval must include the
			 type of research being conducted, purpose and summary of research, dates of
			 participation and disclosure of any fiduciary relationships.
(5)
Teaching/Presentation
: A naturopathic doctor may
			 receive up to eight credits in aggregate for actual presentation hours for an
			 initial course or initial seminar and up to three hours for preparation for
			 each hour of the presentation, when subject is specific to professional-level
			 health education.
(6) Participation
			 in the NPLEX committee for the development and writing of the NPLEX
			 examinations.
(7) Other courses or
			 activities as the Board may authorize.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 6.00 - Continuing Education › Section 6.06 - Certification of Compliance with Requirements

Current through Register 1525, July 5, 2024
(1) A naturopathic doctor shall maintain
			 verification of CEs for at least four years or two renewal cycles following
			 renewal of a license, which shall be submitted to the Board upon
			 request.
(2) The Board may conduct
			 random audits to determine compliance with CE requirements.
(3) When there is evidence of a lack of
			 compliance with CE requirements, an applicant shall be notified in writing and
			 the Board may initiate disciplinary proceedings.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 6.00 - Continuing Education › Section 6.07 - Waiver of Requirements

Current through Register 1525, July 5, 2024
(1) The Board
			 may upon written request and for good cause shown, waive or modify the CE
			 requirements for a particular licensee. Good cause may include, but is not
			 limited to:
(a) Full-time service in the armed
			 forces of the United States or the U.S. Public Health Service;
(b) Service in the armed forces of the United
			 States during a substantial part of such period;
(c) An incapacitating illness documented by a
			 licensed physician;
(d) Undue
			 hardship (
e.g
., prolonged hospitalization);
(e) Disability accompanied by inability to
			 practice naturopathic health care for greater than one year; and
(f) Matriculation in a program of advanced
			 study in naturopathic health care.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.01 - Purpose

Current through Register 1525, July 5, 2024
273 CMR 7.00 authorizes Board staff to conduct investigations
				and initiate formal docketed complaints on behalf of the Board. It also
				establishes the grounds for discipline and the actions that may be taken in
				resolution of such complaints, by the Board and on behalf of the Board, in
				accordance with M.G.L. c. 30A, and
				801 CMR 1.01:
Formal Rules
. It also establishes the standards and procedures
				for summary suspensions.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.02 - Investigations, Formal Docketed Complaints and Licensee's Responsibility to Respond Prior to the Issuance of an Order to Show Cause

Current through Register 1525, July 5, 2024
(1)
Investigations
			 Generally
. Any person or organization may submit information, in
			 any form, alleging misconduct by a licensee to the offices of the Board. The
			 Board may direct or authorize one or more of following actions to be taken on
			 its behalf:
(a) Review all information
			 received alleging or indicating acts or omissions by a licensee and identify
			 whether such acts or omissions, if true constitute grounds for Board action
			 pursuant to 273 CMR 7.03;
(b)
			 Request the licensee, who is alleged to have engaged in the alleged acts or
			 omissions, submit a written response to the allegations and any documents or
			 other evidence in the licensee's possession and control that may be relevant to
			 the allegations;
(c) Gather
			 additional information as necessary to determine if the alleged acts or
			 omissions are supported by evidence; and
(d) Initiate a formal, docketed complaint
			 against a licensee based on evidence that the licensee has engaged in specific
			 acts or omissions constituting grounds for Board action.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.04 - Board Actions on Formal, Docketed Complaints

Current through Register 1525, July 5, 2024
(1)
Dismissal.
(a) The Board may direct or authorize the
			 dismissal of a docketed complaint for the following reasons:
1. The Board lacks jurisdiction;
2. There is insufficient evidence to support
			 a finding that the licensee engaged in acts or omissions that constitute
			 grounds for Board action; or
3.
			 There may be sufficient evidence to support a finding that the licensee engaged
			 in acts or omissions constituting grounds for Board action; however the Board
			 concludes even if the allegations are true, the alleged acts or omissions in
			 the specific circumstances presented do not warrant action against the
			 license.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.05 - Summary Suspension

Current through Register 1525, July 5, 2024
(1)
Purpose
. 273 CMR 7.05 establishes parameters for the
			 summary suspension of a license, in advance of a hearing, by either the full
			 Board or the Board Chair acting on the Board's behalf, in order to prevent an
			 immediate and serious threat to the public health, safety or welfare presented
			 by a licensee's practice. 273 CMR 7.05 also establishes requirements for a
			 postsuspension hearing within seven business days.
(2)
Authorization for Order of
			 Summary Suspension
.
(a)
Request
. The Executive Director may present a request
			 for an Order of Summary Suspension to the Board or, if the next scheduled
			 meeting of the Board will not be held for more than 48 hours, to the Board
			 Chair. The Board Chair may either defer to the full Board or act on the Board's
			 behalf. All members of the Board shall receive a copy of the request for an
			 Order of Summary Suspension presented to the Board Chair. The request for an
			 Order of Summary Suspension must be supported by affidavits, or documentary
			 evidence.
(b)
Immediate
			 and Serious Threat
. If, upon review of the information presented
			 in the request for an Order of Summary Suspension, the Board, or Board Chair,
			 determines the licensee's continued practice presents an immediate and serious
			 threat to the public health, safety or welfare, and summary suspension is
			 necessary to prevent that threat, the Board, or the Board Chair acting on the
			 Board's behalf, may authorize the Executive Director to issue an order
			 summarily suspending the license of a licensee.
(c)
Serious Threat
.
			 If, upon review of the information presented in the request for an Order of
			 Summary Suspension, the Board, or Board Chair, determines the licensee's
			 continued practice presents a serious threat to the public health, safety or
			 welfare, and summary suspension is necessary to prevent that threat, the Board,
			 or the Board Chair acting on the Board's behalf, may authorize the Executive
			 Director to issue an order commanding the licensee to file opposing affidavits
			 or other evidence within three business days. If upon review of all the
			 evidence submitted to the Board, the Board or Board Chair again determines that
			 the licensee's continued practice presents a serious threat to the public
			 health, safety or welfare, and summary suspension is necessary to prevent that
			 threat, the Board, or the Board Chair acting on the Board's behalf, may
			 authorize the Executive Director to issue an order summarily suspending the
			 license of a licensee.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.06 - Additional Provisions Applicable to Investigations, Complaints and Board Actions

Current through Register 1525, July 5, 2024
(1)
Advisory Letters
. An advisory letter is not a formal
			 Board action against a license and makes no determination or finding on whether
			 the licensee engaged in alleged acts or omissions. It constitutes a public
			 record of notice to the licensee:
(a)
			 identifying the reason for closure of an investigation or dismissal of a
			 complaint;
(b) identifying any
			 applicable statutes, regulations, rules, advisories or policies that are
			 relevant to the alleged acts or omissions that form the subject matter of an
			 investigation or complaint; and
(c)
			 including a reminder of the general requirement to comply with the identified
			 provisions.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 8.00 - Reporting Requirements › Section 8.02 - Reporting Abuse, Mistreatment or Neglect

Current through Register 1525, July 5, 2024
(1)
Elder Abuse
. A naturopathic doctor who has reasonable
			 cause to believe that an elderly person is suffering from or has died as a
			 result of abuse, shall immediately make a verbal report of such information or
			 cause a report to be made to the Department of Elder Affairs or its designated
			 agency and shall within 48 hours make a written report to said Department or
			 its designated agency.
(2)
Abuse of a Disabled Person
. A naturopathic doctor who
			 has reasonable cause to believe that a disabled person is suffering from or has
			 died as a result of abuse, shall immediately make a verbal report of such
			 information or cause a report to be made to the Disabled Persons Protection
			 Commission and shall within 48 hours make a written report to the Disabled
			 Persons Protection Commission.
(3)
Abuse, Neglect or Mistreatment of a Patient or
			 Resident
. A naturopathic doctor who has reasonable cause to
			 believe that an individual who receives health, homemaker or hospice services
			 at home from an individual employed by a home health agency or a hospice
			 program or an individual who resides in a long term care facility licensed has
			 been abused, mistreated or neglected or had property misappropriated, shall
			 immediately report such abuse, mistreatment or neglect by making a verbal
			 report of such information or causing a report to be made to the Department of
			 Public Health and shall within 48 hours make a written report to the Department
			 of Public Health.
(4)
Child Abuse or Neglect
. A naturopathic doctor who has
			 reasonable cause to believe that a child is suffering physical or emotional
			 injury resulting from any of the circumstances listed below shall immediately
			 make a verbal report of such information or cause a report to be made to the
			 Department of Children and Families and shall within 48 hours make a written
			 report to the Department of Children and Families:
(a) abuse inflicted upon a child that causes
			 harm or substantial risk of harm to the child's health or welfare, including
			 sexual abuse;
(b) neglect,
			 including malnutrition;
(c)
			 physical dependence upon an addictive drug at birth;
(d) being a sexually exploited child;
			 or
(e) being a human trafficking
			 victim.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 8.00 - Reporting Requirements › Section 8.03 - Reporting Certain Diseases

Current through Register 1525, July 5, 2024
(1)
Diseases Designated as Reportable by the Department of Public
			 Health
. A naturopathic doctor who has diagnosed a patient as
			 having, or suspects that a patient has, one or more of the diseases listed at
			 105 CMR
			 300.100:
Diseases Reportable to Local
			 Boards of Health
shall notify the board of health in the community
			 where the case is diagnosed or suspect case is identified. The report shall be
			 made by telephone, in writing, by facsimile or other electronic means as deemed
			 acceptable by the Department, immediately, but in no case more than 24 hours
			 after diagnosis or identification. When available, name, date of birth, age,
			 sex, address, place of employment, school and disease must be included for each
			 report.
(2)
Diseases of
			 the Eyes of Infants
. A naturopathic doctor who in the course of
			 his or her practice observes that the eye(s) of an infant becomes inflamed,
			 swollen and red, or shows an unnatural discharge within two weeks after birth
			 shall submit a report in writing, within six hours thereafter, to the board of
			 health of the town where the infant is located.
(3)
Reyes Syndrome
.
			 A naturopathic doctor who professionally examines or treats a child with Reye's
			 syndrome shall report such examination or treatment to the Department of Public
			 Health in accordance with the rules and regulations of the Department. Such
			 report shall be made on forms prescribed by the Commissioner and shall be
			 submitted as soon as possible after such examination or treatment.
(4)
Lead Poisoning
.
			 A naturopathic doctor shall report to the Director of the Childhood Lead
			 Poisoning Prevention Program in the Department of Public Health the existence
			 and circumstances of each case of lead poisoning known to the naturopathic
			 doctor and not previously reported. Such reports shall be submitted not later
			 than three days after said person or agency first diagnoses or is informed of
			 such case.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 8.00 - Reporting Requirements › Section 8.04 - Vital Statistics Reporting

Current through Register 1525, July 5, 2024
(1)
Reporting Birth
. A naturopathic doctor attending a
			 birth shall report the birth as follows:
(a)
			 If a birth occurs in a hospital, or if a birth occurs elsewhere and the mother
			 and child are taken to a hospital for postnatal care immediately after birth,
			 the naturopathic doctor, within 24 hours after such birth, shall file with the
			 administrator, or other person in charge of the hospital or similar institution
			 in which the birth occurs, a report on forms furnished by the Commissioner,
			 stating the facts required by M.G.L. c. 46, § 1 to be shown on the record
			 of such birth.
(b) If the mother
			 and child are not admitted to a hospital for postnatal care immediately after
			 birth, within ten days after such birth, shall file with the clerk of the city
			 or town wherein such birth occurred, a report on forms prepared and furnished
			 by the Commissioner, stating the facts required to be shown on the record of
			 such birth.
Code of Massachusetts Regulations › 273 CMR - BOARD OF REGISTRATION IN NATUROPATHY › Title 273 CMR 8.00 - Reporting Requirements › Section 8.05 - Self Reporting

Current through Register 1525, July 5, 2024
(1)
Action against Health Care Facility Privileges
. A
			 naturopathic doctor shall report to the Board any restriction, termination,
			 revocation, suspension or resignation of his or her health care facility
			 privileges within 30 days of the health care facility's action, notwithstanding
			 any appeal that may be pending.
(2)
Report of Adverse Events
. A naturopathic doctor shall
			 report to the Board the following events, if precipitated by a treatment
			 administered or a procedure performed by the naturopathic doctor:
(a) An unplanned patient transfer to a
			 hospital; or
(b) A patient's death,
			 when this death was unexpected and not related to the natural course of the
			 patient's illness or underlying condition.
The report shall be filed by the licensee as soon as possible,
				but in no event later than 30 days following the event.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 4.00 - PROVISIONS FOR RECYCLING OF BEVERAGE CONTAINERS › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
403 CMR 4.00 is promulgated to effectuate the purposes of
				M.G.L. c. 94, §§ 321 through 326.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 4.00 - PROVISIONS FOR RECYCLING OF BEVERAGE CONTAINERS › Section 4.04 - Deposits

Current through Register 1525, July 5, 2024
(1)
Capacity of the
			 Container
. Every beverage container with a capacity of less than
			 two gallons shall have a refund value of not less than 50. The provisions of
			 301 CMR 4.04 shall not apply to such containers sold by a distributor for use
			 by a common carrier in the conduct of interstate passenger service.
(2)
Deposit with
			 Dealer
. Except as provided in 301 CMR 4.04(3), every consumer
			 shall deposit with the dealer the refund value of each beverage container
			 purchased from that dealer.
(3)
On-premise Sales
. A restaurateur may, but is not
			 required to, collect a deposit from a customer for on-premise sales. A
			 restaurateur who sells beverages in containers only for on-premise consumption
			 may, but is not required to, redeem beverage containers for the
			 public.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 4.00 - PROVISIONS FOR RECYCLING OF BEVERAGE CONTAINERS › Section 4.06 - Redemption Centers

Current through Register 1525, July 5, 2024
(1) Any person may
			 establish a redemption center, and shall have the right to determine what type,
			 size, and brand of beverage containers shall be accepted.
(2) Notice of intent to operate a redemption
			 center shall be filed with the Bureau by any person intending to establish a
			 redemption center at least ten business days in advance of commencement of its
			 operations. For those redemption centers in existence and operation upon the
			 effective date of the provisions of 301 CMR 4.06, such notice shall be
			 submitted to the Bureau, by the owner or operator thereof, within 15 business
			 days of the effective date of the provisions of 301 CMR 4.06. Any owner or
			 operator of a redemption center shall provide the Bureau, in such format as the
			 Bureau shall determine, with current information on its operations on January
			 first, and July first of each year.
A notice of intent, and the current information to be provided
				to the Bureau, shall include:
(a) the
			 owner's name and address,
(b) the
			 operator's name and address, if different from that of the owner,
(c) the address of the redemption
			 center,
(d) the initial date of
			 operation,
(e) in the case of an
			 existing redemption center, the number of beverage containers received and
			 redeemed on a monthly basis,
(f) in
			 the case of a newly established redemption center, the anticipated number of
			 beverage containers received and redeemed on a monthly basis, and
(g) such information as the Bureau shall
			 determine is necessary to ensure the protection of the public
			 interest.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 4.00 - PROVISIONS FOR RECYCLING OF BEVERAGE CONTAINERS › Section 4.07 - Penalties

Current through Register 1525, July 5, 2024
The Attorney General and the district attorneys shall enforce
				the provisions of M.G.L. c. 94, §§ 321 through 326 inclusive and the
				provisions of
				301 CMR 4.00. Any bottler,
				distributor, redemption center, or dealer who violates any provision of M.G.L.
				c. 94, §§ 321 through 326 and
				301 CMR 4.00 promulgated
				thereunder, shall be subject to a civil penalty for each violation of not more
				than $1,000.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 4.00 - PROVISIONS FOR RECYCLING OF BEVERAGE CONTAINERS › Section 4.09 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				301 CMR 4.00 are severable,
				and if any provision or the application thereof is held by a court of competent
				jurisdiction to be invalid, such invalidity shall not affect any other
				provision of
				301 CMR
				4.00.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
301 CMR
				5.00 implements the LAND and PARC grant programs by
				establishing uniform grant application procedures, project selection standards,
				and program administration requirements. Both the LAND and PARC grant programs
				have two separate programs: an annual program in accordance with the grant
				cycle of
				301 CMR
				5.05(4); and a rolling
				program subject to periodic notice of availability as described in
				301 CMR
				5.05(5).
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.03 - Eligibility

Current through Register 1525, July 5, 2024
(1)
Planning
			 Requirement
. No application will be considered by the Secretary
			 until the Applicant has filed an approved Open Space and Recreation Plan or
			 submits a draft plan with the preliminary application.
(2)
LAND Program
.
(a) Only municipalities with Conservation
			 Commissions duly established pursuant to M.G.L. c. 40, § 8C are eligible
			 to participate in the LAND Program.
(b) LAND Program grants are available to fund
			 the acquisition of land for passive outdoor recreation and conservation
			 purposes, and/or appropriate planning, design, access, or stewardship projects
			 on conservation land.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.04 - Project Application and Selection

Current through Register 1525, July 5, 2024
(1)
Application Step Procedures
. Applications shall be
			 submitted to the Secretary in accordance with the Application Guidelines of the
			 Division, which are available on the Division's web site.
(2)
Appraisal
			 Reports
. Applications for acquisition assistance shall be
			 accompanied by an appraisal report prepared according to the Appraisal Report
			 Guidelines of the Division, which are available on the Division's web
			 site.
(3)
Project
			 Selection System
. In order to distribute limited LAND and PARC
			 funds among many deserving applicants, the Secretary has developed a review
			 process called the Project Selection System. The Project Selection System
			 considers a number of demographic and project quality factors in order to
			 identify those projects which best protect natural resources or provide
			 recreation amenities where appropriate in communities that have the greatest
			 need for financial assistance and that have made efforts to implement their
			 open space and recreation plans in coordination with local planning for future
			 growth. The Project Selection System Guidelines for each grant program are
			 available on the Division's web site.
(4)
LAND Program and PARC Program
			 Grant Cycle
. The annual filing deadline for applications shall be
			 no later than August 15th of each year. The
			 Secretary may alter or extend this deadline provided that public notice of the
			 change is given at least 90 days in advance of the new deadline. Grants shall
			 be made only once in the annual fiscal cycle; however, grants may be adjusted
			 after the award for cause. Grant applicants shall receive notice no later than
			 November 15th of each year from the Division as to
			 whether an award will be issued.
(5)
Rolling Program Specific
			 Requirements
.
(a) Rolling LAND
			 Program grants must meet all requirements applicable to the LAND grant program,
			 excluding the grant cycle requirement as described in
			 301 CMR
			 5.05(4).
(b) Rolling PARC Program grants must meet the
			 all requirements applicable to the PARC grant program, excluding the grant
			 cycle requirement as described in
			 301 CMR
			 5.05(4).
(c) The Secretary may establish additional
			 guidelines for the Project Selection System of the Rolling LAND
			 Program.
(d) The Secretary may
			 establish additional guidelines for the Project Selection System of the Rolling
			 PARC Program.
(e) The Secretary
			 shall provide notice of availability of funding and the associated filing
			 deadline for any grant funding offered under either the Rolling PARC or the
			 Rolling LAND Programs. Such notice shall be effective when published either in
			 the
Massachusetts Register
or the
Environmental
			 Monitor.
(f) The Secretary
			 may announce rolling grant rounds and accept applications from time to time and
			 subject to available funding.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.05 - Project Conditions

Current through Register 1525, July 5, 2024
(1) Off-street
			 parking and land use and management plans may be required at the discretion of
			 the Secretary depending upon the size of the project area, its intended use(s),
			 the nature of the resource(s), and the availability of public transportation
			 and on-site parking.
(2) Additional
			 project conditions may be required by the Secretary to enhance public benefit
			 or protection of natural resources.
(3) Program participants shall provide for
			 fair and equitable treatment of persons and businesses to be displaced as a
			 result of the project, and shall comply with M.G.L. c. 79A, Titles II and HI of
			 the federal Uniform Relocation Assistance and Real Property Acquisitions Act of
			 1970 ( P.L. 91-646 ) where concurrent federal financial assistance is sought or
			 intended for subsequent project phases.
(4) Property acquired or improved with LAND
			 Program assistance shall be under the care, custody, and control of the
			 Conservation Commission. Property acquired or improved with PARC Program
			 assistance shall be under the care, custody, and control of the Recreation,
			 Park, or Playground Commission. For acquisition projects, the grantee on the
			 deed shall state that the care, custody and control is with either the
			 Conservation Commission for LAND grants or Recreation, Park, or Playground
			 Commission for PARC grants.
(5) A
			 failure to comply with the conditions of any grant contract may result in the
			 reduction, suspension, or withdrawal of awarded grant funds.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.07 - Post-completion Requirement

Current through Register 1525, July 5, 2024
(1)
Operation, Maintenance, and Reasonable Use
			 Limitations
. Property acquired or developed with LAND or PARC
			 Program assistance shall be operated and maintained in accordance with
			 management plans reviewed and approved by the Division and project contract and
			 project agreement specifications.
(2)
Nondiscrimination
. Property acquired or developed with
			 Program assistance will be open to entry and use by all persons regardless of
			 race, color, national origin, sex, sexual preference, age or
			 disability.
(3)
Nondiscrimination on the Basis of Residence
.
(a) Discrimination on the basis of residence,
			 including preferential reservation, membership or annual permit systems, or
			 user fees is prohibited on the Project site.
(b) The Secretary will approve or deny all
			 proposed fee or access limiting systems. Waivers will not be granted which are
			 inconsistent with the Federal Land and Water Conservation Fund Act, P.L.
			 88-578, Section 6 (f) (8), 16 U.S.C. § 4601-4.
et
			 seq.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.08 - Conversion and Reversion

Current through Register 1525, July 5, 2024
(1)
Conversion
. Property acquired or developed with
			 assistance from the LAND or PARC Program shall be retained and used at all
			 times for conservation and passive outdoor recreation purposes for LAND
			 projects or park and active outdoor recreation purposes for PARC projects in
			 accordance with M.G.L. c. 132A, § 11, St. 1977, c. 933, and M.G.L. c. 45
			 § 1 and 3. Any property so acquired or developed shall not be wholly or
			 partly converted to other than public active or passive outdoor recreation,
			 park or conservation purposes without the approval of the Secretary. Converted
			 property shall comply with Article 97 of the Massachusetts Constitution and
			 shall be replaced with land of at least equal fair market value, natural
			 resources or park values, acreage and of equivalent usefulness for active or
			 passive outdoor recreation. The Secretary may disapprove conversion requests or
			 reject proposed property substitutions. Grant contracts, at the discretion of
			 the Secretary, may be subject to specific performance.
(2)
Reversion
.
			 Property acquired or improved with LAND or PARC Program funds shall be retained
			 and used at all times for open space purposes in accordance with M.G.L. C.132A,
			 §11, St. 1977, c. 933, or M.G.L. c. 45 §§ 1 and 3. In the event
			 that the property ceases to be used, either in whole or in part, for such
			 purposes, all interest in the property shall revert to the Commonwealth, unless
			 the Secretary demands specific performance of the grant contract.
(a) Owners of property so acquired or
			 improved shall notify the Secretary in writing of any change in use or
			 potential change in use of the property that is inconsistent with said
			 conservation, park, or active or passive outdoor recreation purposes. The owner
			 shall have 90 days from the date written notice was received by the Secretary
			 to present evidence acceptable to the Secretary that the basis for reversion
			 has been cured, in which case the property shall not revert. Upon receipt of
			 written notice, the Secretary may review the circumstances of the property and
			 determine that reversion of the property is not appropriate or essential to the
			 protection of public conservation or park land, and find that the provisions of
			 301 CMR 5.09(1)
			  shall apply.
(b) If the Secretary finds that a property
			 acquired or improved with Program funds has ceased to be used for such
			 conservation, park, or active or passive outdoor recreation purposes, the
			 Secretary shall notify the owner of the property in writing of this basis. The
			 owner shall have 90 days from the date written notice was mailed to the owner
			 to present satisfactory evidence acceptable to the Secretary that the basis for
			 reversion has been cured, in which case the property shall not
			 revert.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.09 - Guidance Documents

Current through Register 1525, July 5, 2024
The Guidelines or Guidance Documents referenced in
				301 CMR
				5.00 are available free of charge to municipalities
				upon request from the Division.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.10 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				301 CMR
				5.00 are severable, and if any provision or
				application thereof is held to be invalid by a court of competent jurisdiction,
				such invalidity shall not affect the enforceability of the remainder of
				301 CMR
				5.00.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS › Section 10.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of the Rivers Protection Act (St. 1996, c. 258) is
				to preserve the natural integrity of rivers and adjacent land for the important
				values these areas provide to all citizens of the Commonwealth. The Act added a
				new resource area with performance standards to the Wetlands Protection Act
				(M.G.L. c. 131, § 40) called the "riverfront area" which extends 200 feet
				on each side of perennial rivers and streams throughout the Commonwealth, or 25
				feet for certain segments of riverfront that are urbanized.
The Rivers Protection Act establishes 25 foot riverfront areas
				in the following locations: municipalities with a population of 90,000 or more
				persons; municipalities with a population density greater than 9,000 persons
				per square mile as determined by the 1990 federal census; along land in Waltham
				between the Charles River on the north, and Crescent Street and Pine Street on
				the south, and the intersection of the Charles River and a line extended from
				the center line of Walnut Street on the west, and the railroad right-of-way now
				or formerly of the Boston and Maine Railroad on the east (known as the Grover
				Cronin parcel); and property located at 2 Granite Avenue in Milton shown on
				Milton assessors Map G, Block 56, Lot 13. 14 municipalities have 25 foot
				riverfront areas according to these standards: Boston, Brockton, Cambridge,
				Chelsea, Everett, Fall River, Lawrence, Lowell, Malden, New Bedford,
				Somerville, Springfield, Winthrop, and Worcester.
Municipalities with smaller populations or lower population
				densities may establish 25 foot riverfront areas by petitioning the Secretary
				of Energy and Environmental Affairs to designate a "densely developed area".
				301 CMR
				10.00 implements a uniform process and decision
				standards by which municipalities may Petition the Secretary for designation of
				densely developed areas.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS › Section 10.03 - Designation Procedures

Current through Register 1525, July 5, 2024
(1)
Petition for Designation
. A municipality may submit a
			 Petition to the Secretary for designation of a densely developed area:
(a) by a vote of its legislative body
			 requesting designation; or
(b)
			 through the Municipal Official, with concurrence of the Issuing Authority and
			 the planning board.
Municipalities may jointly Petition the Secretary where a
				proposed area crosses municipal boundaries.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS › Section 10.04 - Designation Standard

Current through Register 1525, July 5, 2024
(1)
Standard
. A densely developed area is an area of ten
			 or more contiguous acres of land that is being utilized for intensive
			 industrial, commercial, institutional or residential activities or combinations
			 of such activities as of January 1, 1997.
The following factors shall inform the Secretary's
				determination as to whether a proposed area is consistent with the purposes of
				St3 1996, c. 258 and qualifies for designation as a densely developed
				area:
(a) the extent to which the
			 proposed area is utilized for an eligible activity in accordance with 301 CMR
			 10.04(3);
(b) the extent of the
			 proposed area that is within the 200 foot riverfront area;
(c) the extent to which the proposed area is
			 utilized intensively as characterized by the nature and/or density of the use
			 or activity, or by the extent of impervious surface coverage or removal of
			 vegetation and topsoil;
(d) the
			 extent to which riverfront area within the proposed area is degraded by the
			 existence of impervious surfaces or by the absence of vegetation and topsoil;
			 and
(e) any other information
			 deemed necessary and appropriate by the Secretary.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS › Section 10.05 - Requests for Clarification or Correction

Current through Register 1525, July 5, 2024
The Secretary may issue, at the written request of a Municipal
				Official or any Person, written clarifications or corrections regarding any
				designation previously made.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS › Section 10.06 - Applicability and Effect of Designation

Current through Register 1525, July 5, 2024
(1)
			 Designation of a Densely Developed Area pursuant to
			 301 CMR
			 10.00 shall not invalidate an order of conditions or a
			 superseding order of conditions issued for work in the riverfront area pursuant
			 to
			 310 CMR
			 10.00:
Wetlands Protection
prior to
			 the date a Petition for designation is approved.
(2) Upon designation as a Densely Developed
			 Area, the riverfront area within such area shall be measured as the area of
			 land between a river's mean annual high-water line measured horizontally inland
			 from the river and a parallel line located 25 feet away for purposes of
			 310 CMR
			 10.00:
Wetlands Protection.
(3) Work in Densely Developed Areas shall be
			 conducted in accordance with
			 310 CMR
			 10.00:
Wetlands Protection
as
			 administrated by the Department of Environmental Protection and the Issuing
			 Authority.