reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.010 - Examination Review, Notification and Administrative Review

Current through Register 1525, July 5, 2024
(A) Applicants will received notification of
			 their written examination score within a set number of days determined by the
			 Department.
(B) Applicants who fail
			 the examination may retake the examination one additional time within the
			 12-month period from the date of the initial examination.
(C) With notification of a determination to
			 deny issuance of a license, an applicant who has failed the written examination
			 may request an administrative review of the determination within 30
			 days.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.011 - Terms of Licensure

Current through Register 1525, July 5, 2024
(A) The Department
			 shall issue licensed to qualified applicants. Said licensed, unless previously
			 suspended or revoked, shall expire on the first day of October of each even
			 numbered year following the date of issuance of the original license or shall
			 expire not more than two years from date of issue as determined by the
			 department.
On or before the first day of August each even-numbered year or
				at least 60 days prior to the expiration date, the Department shall mail an
				application for renewal of license to every person to whom a license has been
				issued or renewed during the current licensure period. License renewal
				applications shall be filed with the Department, together with a non-refundable
				renewal fee payable to the Commonwealth of Massachusetts, on or before the
				15th day of September each even-numbered year or 30
				days prior to the expiration date of the license.
(B) Applicants for license renewal shall
			 submit evidence of all continuing professional education required to maintain
			 the desired level of licensure as specified in
			 105 CMR
			 168.015.
(C) Failure to comply with these requirements
			 shall constitute grounds for non-renewal or expiration of a license. If such
			 action is taken, the Department shall provide the applicant with written notice
			 of the Department's decision stating the reasons of the denial.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.012 - Grandparenting Licensure

Current through Register 1525, July 5, 2024
(A) An applicant
			 practicing in the Commonwealth as an alcohol and drug counselor on July 1,
			 1999, and who applies for licensure within one year of September 13, 2002,
			 shall be exempt from the licensure requirements for either a licensed alcohol
			 and drug counselor I or II. Provided that the applicant for an alcohol and drug
			 counselor I license:
(1) has a Certified
			 Alcohol and Drug Abuse Counselor (CADAC) certification, or a Certified Clinical
			 Supervision (CCS) certification, or a Certified Addiction Specialist (CAS)
			 certification, or a Certified Employment Assistance Professional (CEAP)
			 certification, or a Certified Alcohol Counselor (CAC) certification;
			 or
(2) has
bona
			 fide
supervisory clinical or administrative responsibility as an
			 executive director, program director or clinical director of a substance abuse
			 program, as such program is defined by the department of public health;
			 or
(3) has
bona
			 fide
clinical or administrative responsibility as a supervisor in a
			 substance abuse program, as such program is defined by the department of public
			 health, and has at least 10,000 hours of substance abuse clinical experience
			 and 2000 hours of supervisory experience documented by the program directors
			 who supervised said clinical and supervisory experience; or
(4) has a master's degree in behavioral
			 science and 4,000 hours of substance abuse clinical experience and 270 of
			 education related to alcohol and drug counseling as defined by the department
			 of public health; or
(5) has a
			 bachelor's degree and 6,000 hours of substance abuse clinical experience and
			 hours of education related to alcohol and drug counseling as defined by the
			 department of public health
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.013 - Examination Waiver

Current through Register 1525, July 5, 2024
The Department will issue a license without requiring written
				or oral examination to any applicant who is deemed eligible based on the
				following:
(A) the applicant holds a
			 current, valid certification from a recognized certifying body including:
			 MBSACC, CEAP, CAC, NAADAC, ICRC.
(B) the applicant meets the requirements of
			 one of the three eligibility categories set forth in
			 105 CMR 168.006(A)
			 through (C).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.014 - Reciprocity

Current through Register 1525, July 5, 2024
The Department will issue a license without requiring written
				or oral examination to any applicant who is deemed eligible for reciprocity
				based on the following:
(A) the
			 applicant holds a current, valid licensed as an alcohol and drug counselor or a
			 comparable field in other state wherein the requirements for licensure are
			 deemed by the Department to be equivalent to or in excess of those requirements
			 of the Department; and,
(B) the
			 Department receives written verification from the other state licensing
			 authority that the applicant is in good standing.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.015 - Continuing Professional Education

Current through Register 1525, July 5, 2024
(A)
			 Continuing professional education will be accepted for training and education
			 activities approved by the Department related to alcohol and drug abuse
			 counseling in the counselor core competency function areas including those
			 areas delineated in
			 105 CMR 168.006(B)(2)
			  Eligibility Requirements. The Department
			 shall issue guidelines and stipulate the number of continuing professional
			 education hours required for each licensed category.
(B) The Department (or designee) shall issue
			 guidelines for all continuing professional education programs and providers,
			 including the eligibility requirements for distance learning and education.
			 Approved continuing professional education that meets license renewal
			 requirements shall include (but not be limited to) a curriculum with specified
			 goals and objectives (published in advance), appropriate credentials of the
			 presenter, and written evaluation to be completed by participants.
(C) At each license renewal two-year cycle, a
			 random sample of applicants for license renewal will be asked to submit the
			 required documentation to verify that they have met this requirement. Credit
			 hours are neither retroactive nor cumulative, and must be earned within the
			 biennium for which they are claimed. Required documentation of continuing
			 professional education shall include:
(1) the
			 name of the participant completed by the authorizing agent of the sponsoring
			 organization;
(2) the name of the
			 training and trainer;
(3) the
			 specific dates attended and the number of hours.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.016 - Complaints

Current through Register 1525, July 5, 2024
(A) The Department shall investigate every
			 complaint received about practices or acts which may violate M.G.L. c. 111J or
			 any provision of
			 105 CMR 168.000.
(B) If the Department finds that an
			 investigation is not required because the alleged act or practice is not in
			 violation M.G.L. c. 111J or
			 105 CMR 168.000, then the
			 Department shall notify the complainant of this findings and the reasons on
			 which it is based.
(C) If the
			 Department finds that an investigation is required, because the alleged act or
			 practice may be in violation M.G.L. c.111J or
			 105 CMR 168.000, the
			 Department shall investigate and if a finding is made that the act or practice
			 is in violation of M.G.L. c. 111J or
			 105 CMR 168.000, then the
			 Department shall apply whatever enforcement action is appropriate to remedy the
			 situation and the Department shall notify the complainant of its actions in
			 this manner.
(D) Investigation of
			 complaints may lead to enforcement actions including correction orders,
			 assessment, revocation, suspension, or refusal to renew a license, or
			 modification of a license by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.017 - Grounds for Denial of License

Current through Register 1525, July 5, 2024
(A) The
			 Department may deny licensure or any of the following grounds:
(1) Failure to meet
			 Department-approved-requirements for licensure;
(2) Failure to conform to the requirements of
			 105 CMR 168.000;
(3) Any actions or omissions which would
			 indicate that the health or safety of the public would be at risk should
			 licensure be approved;
(4) Any
			 previous violation of M.G.L c. 111J or
			 105 CMR 168.000;
(5) Any attempt to practice as a licensed
			 alcohol and drug counselor or obtain licensure through fraud, deceit, or
			 misrepresentation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.018 - Grounds for Suspension of License

Current through Register 1525, July 5, 2024
The Department may summarily suspend a license pending a final
				hearing on the merits on the question of revocation if, based on the evidence
				before it, the Department determines that a licensee is an immediate and
				serious threat to the public health, safety or welfare.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.019 - Grounds for Revocation of License, or Refusal to Renew License

Current through Register 1525, July 5, 2024
(A) The Department may revoke a license or
			 refuse to renew a license on the following grounds, each of which, in and of
			 itself, shall constitute full an adequate grounds for revocation or refusal to
			 review:
(1) fraud or misrepresentation in
			 obtaining a license, or its renewal;
(2) criminal conduct which the department
			 determines to be of such a nature as to render such person unfit to practice as
			 a licensed alcohol and drug counselor as evidence by criminal proceedings
			 resulting in conviction, guilty plea, or a plea of nolo contendere or an
			 admission of sufficient facts;
(3)
			 violation of any rule or regulation of he department governing the practice of
			 alcohol and drug counselors;
(4)
			 violations of ethical standards which the department determines to be of such a
			 nature as to render such person unfit to practice as a licensed alcohol and
			 drug counselor.
(5) Other just and
			 sufficient cause which the department may determine would render a person unfit
			 to practice as a licensed alcohol and drug counselor.
(6) Practicing alcohol and drug counseling
			 while the ability to practice is impaired by alcohol, drugs, physical
			 disability or mental instability;
(7) Being habitually drunk or being dependent
			 on, or a habitual use of narcotics, barbiturates, amphetamines, hallucinogens,
			 or other drugs having similar effects;
(8) knowingly permitting, aiding or abetting
			 an unlicensed person to perform activities requiring a license;
(9) Continuing to practice while his/her
			 license is lapse, suspended, or revoked;
(10) Practicing alcohol and drug counseling
			 deceitfully, or engaging in conduct which has the capacity to deceive or
			 defraud;
(11) Having been
			 disciplined in another jurisdiction in any way by the proper licensing
			 authority for reasons substantially the same as those set forth in
			 105 CMR 168.000;
(12) Conviction of Medicaid or Medicare
			 fraud;
(13) Cheating on or
			 attempting to compromise the integrity of any licensing examination for alcohol
			 and drug counselors;
(14) Refusing
			 to provide services to a person because of such person's race, creed, color,
			 gender, age, disability, national origin, or sexual orientation; and
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.020 - Adjudicatory Proceeding

Current through Register 1525, July 5, 2024
(A) If the
			 Department determines that a license should be suspended, denied, revoke or
			 refused renewal, it shall provide written notice to the applicant or licensee
			 of:
(1) the intended actions;
(2) the reasons and grounds therefore;
			 and
(3) the applicant's or
			 licensee's right to file a written request for an adjudicatory hearing in
			 accordance with M.G.L. 30A and
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.021 - Final Agency Decision and Judicial Review

Current through Register 1525, July 5, 2024
(A)
			 The tentative decision of the hearing officer in any adjudicatory proceeding
			 conducted pursuant to
			 105 CMR 168.000 shall be
			 reviewed by the Commissioner. After review, the Commissioner's decision shall
			 constitute a final agency decision in an adjudicatory proceeding subject to
			 judicial review pursuant to M.G.L. c. 30A, § 14.
(B) A licensee or applicant that fails to
			 exercise the right to an adjudicatory proceeding pursuant to
			 105 CMR 168.000 waives both
			 the right to administrative review by the Commissioner and the right to
			 judicial review pursuant to M.G.L. c. 30A, § 14.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.022 - Unauthorized Practice of Alcohol and Drug Counseling

Current through Register 1525, July 5, 2024
The Department shall refer to the appropriate District
				Attorney, the Attorney General, or other appropriate law enforcement agency any
				incidents of unauthorized practice of alcohol and drug counseling that comes to
				its attention, pursuant to M.G.L. c. 111J, § 4.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.023 - Affidavit of Ethical Principles

Current through Register 1525, July 5, 2024
Each applicant shall sign an affidavit, which states that the
				applicant agrees to abide by the Ethical Standards for counselors set by the
				National Association of Alcoholism and Drug Counselors.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.024 - Severability

Current through Register 1525, July 5, 2024
If any rule contained herein 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 170.000 - Emergency Medical Services System › Section 170.001 - Purpose

Current through Register 1525, July 5, 2024
105 CMR
				170.000 is issued for the purpose of establishing a
				statewide, community-based Emergency Medical Services (EMS) system, in order to
				reduce death and disability from illness and injury through the coordination of
				local and regional emergency medical services resources. It is designed to
				ensure that properly trained and certified EMS personnel, operating under
				medical oversight, provide emergency medical care to patients at the scene of
				their illness or injury, and during transport to appropriate health care
				facilities. It establishes standards for EMS vehicles and equipment, and
				standards to ensure safe, adequate transport to an appropriate health care
				facility in the shortest practicable time.
				105 CMR
				170.000 also provides for scheduled, routine transport
				of non-emergent patients to appropriate destinations.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR
				170.000 is adopted under the authority of M.G.L. c.
				111C and M.G.L. c. 30A, § 2.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.010 - Scope

Current through Register 1525, July 5, 2024
105 CMR
				170.000 governs the EMS system, as defined in St.
				2000, c. 54, § 1, M.G.L. c. 111C and
				105
				CMR 170.020.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.050 - The State EMS Plan

Current through Register 1525, July 5, 2024
The Department shall develop and implement the state EMS plan,
				which shall provide the framework for delivery of quality of EMS accessible to
				all patients by the local jurisdictions throughout the Commonwealth. This state
				EMS plan shall consist of the following:
(A) The EMS System regulations, at
			 105 CMR
			 170.000;
(B) All Department-approved service zone
			 plans;
(C) The Statewide Treatment
			 Protocols;
(D) All
			 Department-approved point-of-entry plans;
(E) The Massachusetts Emergency Medical
			 Services Communications Plan, and
(F) The Statewide Mass Casualty Incident
			 Plan.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.101 - Regional Boundaries

Current through Register 1525, July 5, 2024
The Department recognizes five geographic regions, as they
				existed on March 30, 2000. In each of these regions, the Department shall
				designate for a three-year renewable term a single Regional EMS Council to
				assist in the development of regional emergency medical services systems. Any
				regional group seeking designation must apply for designation on forms provided
				by the Department and submit all documents required by the Department for
				evaluation pursuant to
				105
				CMR 170.103.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.102 - Process for Department Designation of Regional EMS Councils

Current through Register 1525, July 5, 2024
(A) Designation of Regional EMS Councils
			 shall be made by the Department after appropriate evaluation and investigation
			 of applicants and after a review of documentary evidence which demonstrates
			 that the applicant has met the criteria and conditions for designation as set
			 forth in
			 105
			 CMR 170.103. In addition, the Department
			 shall consult with the Massachusetts Emergency Medical Care Advisory
			 Board.
(B) In the event that two
			 applicants from the same region apply for designation, the Department shall
			 designate the applicant who most completely fulfills the designation
			 criteria.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.103 - Criteria and Conditions for Department Designation of Regional EMS Councils

Current through Register 1525, July 5, 2024
Each applicant for designation as a Regional EMS Council shall
				be evaluated on the basis of all of the following criteria and
				conditions:
(A) Evidence of support for
			 designation as a Regional EMS Council from a substantial number of municipal
			 governments, hospitals, and ambulance services geographically distributed
			 within the area covered by the proposed Regional EMS Council;
(B) A commitment to cooperate with the
			 Department in its effort to carry out its authority and responsibility as
			 defined in M.G.L. c. 111C;
(C) A
			 commitment to adopt a regional EMS plan within one year of adoption of the
			 state EMS plan, pursuant to
			 105
			 CMR 170.050.
(D)
Regional Council Membership
			 and Meetings
.
(1) Each Council
			 shall be established through a fair and open selection process. It shall be
			 structured so as to reflect equitably the entire geographic region, as well as
			 the interests of the component entities of the EMS system. The Council shall be
			 made up of at least ten persons, but no more than 35 members. At minimum, the
			 Council shall have the following representation:
(a) one representing local
			 governments;
(b) one designated by
			 a hospital;
(c) one designated by a
			 fire suppression service;
(d) one
			 designated by a primary ambulance service;
(e) one designated by a law enforcement
			 agency;
(f) one of whom is a
			 licensed practicing physician with regular and frequent involvement in the
			 provision of emergency care;
(g)
			 one of whom is an emergency care nurse;
(h) one of whom is an EMT;
(i) one of whom is designated by an EMS first
			 response service; and
(j) one of
			 whom is a consumer.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.104 - Duties and Functions of Regional EMS Councils

Current through Register 1525, July 5, 2024
Regional EMS Councils shall carry out the following duties and
				functions:
(A) Assist, support and
			 cooperate with the Department in its efforts to carry out the provisions of
			 M.G.L. c. 111C to coordinate, maintain and improve the EMS system;
(B) Assist the Department with providing
			 information, education and technical assistance on EMS system planning and
			 coordination to local jurisdictions and EMS services in their region;
(C) Cooperate with other Regional EMS
			 Councils, as necessary, to carry out the work of the department;
(D) Develop, submit to the Department for its
			 approval, and implement Department-approved point-of-entry plans that are in
			 conformance with the Statewide Treatment Protocols and other relevant
			 regulations, policies, interpretative guidelines and administrative
			 requirements of the Department. Such point-of-entry plans shall reflect and
			 include, as appropriate, Department designations of hospitals for specialty
			 care services, pursuant to
			 105 CMR
			 130.000:
Hospital
			 Licensure
.
(E) Assist the
			 Department in assuring quality educational programs for EMS personnel by:
(1) Evaluating the quality of educational
			 programs;
(2) Serving as a central
			 clearinghouse for available training equipment and supplies including equipment
			 and supplies owned by the Department or purchased with funds obtained from the
			 Department; and
(3) Reviewing
			 training programs for EMS personnel for the purpose of making recommendations
			 for approval to the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.105 - Allocation of Department Funding to Regional EMS Councils

Current through Register 1525, July 5, 2024
(A) All five Regional EMS Councils shall be
			 awarded on an equal basis a baseline annual appropriation to carry out their
			 core duties and functions pursuant to
			 105
			 CMR 170.104 and their contracts with the
			 Department.
(B) The Department may
			 allocate additional funds to selective Regional EMS Councils, on the basis of
			 factors indicating their different resource requirements and volume of duties
			 including, but not limited to, the following:
(1) number of cities and towns;
(2) number of service zones;
(3) number of ambulance services;
			 or
(4) unmet communications
			 needs.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.106 - Distribution and Use of Department Funds by Regional EMS Councils

Current through Register 1525, July 5, 2024
Regional EMS Councils may distribute and use Department funds,
				consistent with their contracts with the Department, for purposes defined in
				105 CMR
				170.000 including:
(1) maintaining and operating the Regional
			 EMS Councils;
(2) maintaining and
			 operating CMED centers; or
(3)
			 carrying out their duties and functions under
			 105
			 CMR 170.104 and contracts with the
			 Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.107 - Grounds for Denial of Designation

Current through Register 1525, July 5, 2024
(A) The
			 Department may deny or refuse to issue designation in the following
			 circumstances:
(1) If the applicant fails to
			 meet or conform to the designation criteria and conditions of
			 105
			 CMR 170.103; or
(2) If a competing application for
			 designation was already granted.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.108 - Grounds for Revocation or Refusal to Renew Designation

Current through Register 1525, July 5, 2024
(A) The Department may revoke or refuse to
			 renew the designation of a Regional EMS Council in the following circumstances:
(1) Failure to maintain the standards
			 required by the designation criteria and conditions of
			 105
			 CMR 170.103;
(2) Failure to fulfill duties and functions
			 as set forth in M.G.L. c. 111C,
			 105 CMR
			 170.000 and contracts with the Department;
(3) Engaging in fraud or deceit to obtain or
			 maintain designation, or in carrying out duties and functions under
			 105 CMR
			 170.000 and contracts with the Department;
(4) Any action or omission that endangers the
			 health or safety of the public;
(5)
			 Violation of a correction order; or
(6) Failure to comply with a plan of
			 correction.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.200 - Licensure of Ambulance and EFR Services

Current through Register 1525, July 5, 2024
(A)
			 No person shall establish, operate or maintain an ambulance or EFR service
			 without a valid license or in violation of the terms of a valid license. All
			 services shall be licensed as provided in
			 105 CMR
			 170.000. Any person who proposes to establish or
			 operate a service shall apply for and obtain from the Department a license
			 before initiating service.
(B)
			 Ambulance services may be licensed at the BLS, ALS, or critical care service
			 level, and EFR services may be licensed at the EMS first response, BLS or ALS
			 level. Licensure as an ambulance service at a particular level of service
			 includes licensure to provide ambulance or EFR service at the same or lower
			 level of service.
(C) Ambulance and
			 EFR service licenses shall identify and reflect the number of EMS vehicles to
			 be operated, the classification of each certified EMS vehicle to be operated
			 and maintained, and the level of service at each place of business. No service
			 shall operate at a level of service above that for which it is
			 licensed.
(D) To be eligible for
			 licensure at the critical care services level, the applicant must document the
			 following:
(1) Current licensure from the
			 Department as an ambulance service at the ALS-Paramedic level;
(2) Current written affiliation agreement
			 between a hospital and the applicant, meeting the requirements of
			 105
			 CMR 170.300, under which the hospital shall
			 provide oversight of the delivery of critical care services and designate a
			 medical director to have authority over the clinical and patient care aspects
			 of critical care services; and
(3)
			 Current accreditation, in good standing, from the CAMTS, its successor(s), or
			 an accreditation program the Department approves as substantially equivalent to
			 CAMTS.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.215 - Service License and Vehicle Certification Fee

Current through Register 1525, July 5, 2024
A nonrefundable fee established by the Department, pursuant to
				M.G.L. c. 111C, § 3(b)(21), shall be submitted
(1) with the completed application for
			 license form, and
(2) upon
			 acquisition of any additional vehicles during the licensure period. The fees
			 are as follows:
(A)
Service
			 License
.
(1) Ambulance BLS:
			 $400.00 biennially
(2) Ambulance
			 ALS: $600.00 annually
(3) Ambulance
			 Critical Care Services: $750 annually
(4) EFR service at EMS first response level
			 only: $100.00 biennially
(5) EFR
			 service BLS: $150.00 biennially
(6)
			 EFR service ALS: $200.00 annually
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.225 - Inspection

Current through Register 1525, July 5, 2024
(A)
Ambulance Service
			 Inspection
. Agents of the Department may visit and inspect an
			 ambulance service at any time, including:
(1)
			 The premises of the ambulance service including the headquarters, garage or
			 other locations;
(2) The storage
			 space for linen, equipment and supplies at any premises of the ambulance
			 service;
(3) All records of the
			 ambulance service including, but not limited to, employee application forms,
			 policies and procedures; dispatch reports, incident and accident reports,
			 patient care and patient care reports reports; information relating to
			 complaints registered with the service, and all other records, memoranda of
			 agreement and affiliation agreements required by
			 105 CMR
			 170.000; and
(4) Any vehicle, equipment and medications
			 used by the service.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.230 - Processing of Service License Applications

Current through Register 1525, July 5, 2024
(A)
			 The Department shall issue a license to those applicants meeting the
			 requirements of
			 105 CMR
			 170.000. The Department shall act on applications for
			 original licensure within 90 calendar days of receipt of the completed forms
			 and fees.
(B) Applicants for
			 license renewal must submit to the Department the completed forms and fees
			 required by the Department at least 90 calendar days prior to the expiration of
			 their current license.
(C) If the
			 complete renewal application is timely filed with the Department the license
			 shall not expire until the Department makes a determination on the renewal
			 application. If, however, an application is not submitted in a timely fashion
			 in accordance with
			 105
			 CMR 170.230, then the service may not
			 continue to operate after expiration of its license.
(D) A license shall not be renewed if there
			 are any outstanding assessments issued pursuant to
			 105
			 CMR 170.730.
(E) A license at the BLS or ALS level shall
			 remain in effect for a period of up to 24 months, at the discretion of the
			 Department.
(F) A license to
			 provide critical care services shall be coterminous with the period of CAMTS or
			 Department-approved substantially equivalent accreditation on which it is
			 based. If a service's accreditation, upon which critical care service licensure
			 is issued, has not been maintained, lapses, or expires, the service's critical
			 care license from the Department shall expire immediately, and the service
			 shall not continue to provide critical care services.
(G) A service licensed to provide critical
			 care services that loses its CAMTS or Department-approved substantially
			 equivalent accreditation on which its licensure at this level is based, shall
			 notify the Department immediately. A service that plans to change its status as
			 accredited, or take action that will result in loss of its accreditation, by
			 CAMTS or an accreditation program approved by the Department as substantially
			 equivalent, shall notify the Department 60 calendar days prior to the proposed
			 effective date of such change.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.235 - Provisional Service License

Current through Register 1525, July 5, 2024
(A) Pursuant to
			 M.G.L. c. 111C, § 6(c), the Department may issue a provisional license to
			 an applicant for renewal of a license when it does not meet the requirements of
			 105 CMR
			 170.000, provided that:
(1) the applicant has demonstrated to the
			 Department's satisfaction a good faith intention to meet all such
			 requirements;
(2) the Department
			 finds the applicant provides adequate emergency medical care; and
(3) the Department finds the applicant
			 evidences a potential for full licensure within a reasonable period, not to
			 exceed six months.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.240 - Modification of a Service License

Current through Register 1525, July 5, 2024
(A)
			 Pursuant to M.G.L. c. 111C, § 8(a), any service seeking to modify any term
			 of its license shall obtain the approval of the Department prior to making any
			 modification. A service shall request approval to modify on forms provided by
			 the Department.
(B) Approval for a
			 license modification shall be required for, but not limited to, the following:
(1) When a new certification for an EMS
			 vehicle is issued or when a certification is revoked by the Department or
			 deleted by the service;
(2) When a
			 change is made in the level of service; or
(3) When a service adds or deletes a place of
			 business from which services are provided.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.245 - Transfer or Assignment of a Service License

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 111C, § 8(b), no licensee shall
				transfer or assign in any manner, voluntarily or involuntarily, directly or
				indirectly, or by transfer of control of any company or of any asset or any
				equity interest in any entity, the license issued to the licensee or any rights
				thereunder, without first applying in writing to the Department for permission
				to transfer or assign the license. The Department shall grant or deny the
				request in writing within 60 calendar days of the filing of the request. No
				transfer of a license shall be effective without written prior approval by the
				Department.
(A) In order to grant
			 written permission to transfer or assign, the Department shall make the
			 following findings:
(1) That the transferee or
			 assignee is responsible and suitable to maintain a service, pursuant to
			 105
			 CMR 170.220; and
(2) That the transferee meets the applicable
			 requirements for licensure, as provided in
			 105 CMR
			 170.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.247 - Notification of Termination or Other Change of Service

Current through Register 1525, July 5, 2024
(A) A service shall give written notice in
			 accordance with
			 105
			 CMR 170.247(B)  of the
			 following types of changes with regard to its service delivery:
(1) Termination of services;
(2) Change in the level of service delivered
			 to a service zone or local jurisdiction;
(3) Temporary cessation of services;
			 or
(4) Sudden event that interferes
			 with the level of service it can provide.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.248 - Notification of Provider Contract to Respond to Emergencies

Current through Register 1525, July 5, 2024
All services shall provide written notification to the
				appropriate local jurisdiction(s) of all provider contracts they have for
				primary ambulance response within the service zone. Services shall provide
				notice to the local jurisdiction(s), at minimum, when an initial provider
				contract is established, a provider contract is terminated or renewed, or any
				changes are made to the provisions of a provider contract relating to emergency
				calls. For contracts to provide coverage at special events including
				multi-jurisdictional special events, at venues with which the service does not
				have a prior existing provider contract for primary ambulance response on a
				regular basis, advance written notice shall be provided to all local
				jurisdictions implicated by the events.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.249 - Service Zone Agreements

Current through Register 1525, July 5, 2024
(A) The local
			 jurisdiction shall ensure that the designated primary ambulance service
			 executes a service zone agreement with each ambulance service that notifies it,
			 in accordance with
			 105
			 CMR 170.248, that the ambulance service has a
			 provider contract for primary ambulance response in the service zone. The
			 service zone agreement shall, at a minimum:
(1) Coordinate and optimize the use of
			 resources for primary ambulance response, and ensure an appropriate response to
			 emergencies;
(2) Reflect the
			 service zone's performance standards for primary ambulance response that the
			 ambulance service with a provider contract must meet; and
(3) Define the process for notification of an
			 EFR service, if any, of primary ambulance response calls received by the
			 ambulance service with a provider contract. Such process shall comply with the
			 provisions of
			 105
			 CMR 170.355(B)(1)  and
			 105
			 CMR
			 170.510(I)(3)(f).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.255 - Out-of-state Ambulance Services

Current through Register 1525, July 5, 2024
(A) Ambulance
			 services located in and licensed in another state are not required to be
			 licensed in accordance with
			 105 CMR
			 170.000 if they are transporting patients from
			 locations outside of Massachusetts to locations within Massachusetts.
(B) No ambulance service shall regularly
			 operate in Massachusetts unless the ambulance service is licensed in accordance
			 with the provisions set forth in
			 105 CMR
			 170.000. An out-of-state ambulance service shall be
			 deemed to be regularly operating in Massachusetts if:
(1) the service advertises in Massachusetts,
			 or otherwise solicits business in Massachusetts;
(2) the service has a contractual agreement
			 to provide ambulance service in Massachusetts; or
(3) the service transports persons from
			 locations within Massachusetts on a routine or frequent basis.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.260 - Grounds for Denial of a Service License

Current through Register 1525, July 5, 2024
(A)
			 Grounds for license denial include, but are not limited to, the following:
(1) Failure to submit a license application
			 in accordance with the requirements of
			 105 CMR
			 170.000.
(2) Failure to satisfy the Department as to
			 any of the grounds for determining the responsibility and suitability of the
			 applicant under
			 105
			 CMR 170.220.
(3) Failure to meet the applicable
			 requirements for licensure, as specified in
			 105 CMR
			 170.000.
(4) Failure to comply with
			 105
			 CMR 170.303 regarding registration in
			 accordance with M.G.L. c. 94C.
(5)
			 Fraud, deceit or knowing submission of inaccurate or incomplete data to the
			 Department, either orally or in writing.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.265 - Grounds for Revocation, Suspension, or Refusal to Renew a Service License

Current through Register 1525, July 5, 2024
(A) Grounds for license revocation,
			 suspension, or refusal to renew a license include, but are not limited to, the
			 following:
(1) Violation of any applicable
			 requirement prescribed under M.G.L. c. 111C;
(2) Violation of a correction
			 order;
(3) Engaging in, or aiding,
			 abetting, causing, or permitting any act prohibited under M.G.L. c. 111C;
(4) Failure to allow the
			 Department to inspect the service or parts thereof;
(5) Use of EMS personnel who are not
			 certified or not qualified to carry out the required level of patient
			 care;
(6) Failure to comply with a
			 plan of correction;
(7) Operation
			 or maintenance of an EMS vehicle, EMS equipment or service in a manner that
			 endangers the public health or safety;
(8) Failure to meet the licensure
			 requirements of
			 105 CMR
			 170.000;
(9) Conviction of the licensee or a person
			 with a significant financial or management interest in the service of Medicare
			 or Medicaid fraud or other criminal offense related to the operation of the
			 service;
(10) Conviction of the
			 licensee or a person with a significant financial or management interest in the
			 service of a criminal offense such as drug-related offenses, rape, assault, or
			 other violent crime against a person, which indicates that continued operation
			 of the service may endanger the public health or safety;
(11) Failure to comply with
			 105
			 CMR 170.303 regarding M.G.L. c. 94C
			 registration;
(12) Failure to
			 submit an acceptable plan of correction as required under
			 105
			 CMR 170.710;
(13) Failure to pay a deficiency assessment
			 levied in accordance with
			 105
			 CMR 170.730;
(14) Failure to provide certification of
			 compliance with all laws relating to taxes, or to provide a certificate of good
			 standing from the Commissioner of Revenue, in accordance with M.G.L. c. 62C,
			 § 49A;
(15) Any attempt to
			 impede the work of a duly authorized representative of the Department or the
			 lawful enforcement of any provisions of M.G.L. c. 111C or
			 105 CMR
			 170.000; or (16) Any attempt to obtain or maintain a
			 license or certificate of inspection by fraud, misrepresentation or the
			 submission of false information.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.270 - Effect of Suspension, Revocation or Refusal to Renew a Service License

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 111C, § 16, suspension or revocation
				of a license or refusal to renew a license shall result in the simultaneous
				revocation of the certificate(s) of inspection or refusal to renew
				certificate(s) of inspection for the service's EMS vehicles.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.275 - Waiver

Current through Register 1525, July 5, 2024
An applicant for a license, or a licensee under
				105 CMR
				170.000, may apply to the Department for a temporary
				waiver of those requirements with which the service is unable to comply. A
				temporary waiver may be renewed, in accordance with administrative requirements
				of the Department.
(A) An applicant for
			 a waiver shall submit the following in writing:
(1) Evidence of a prior good faith effort to
			 comply with each requirement for which a waiver is requested;
(2) A statement documenting why the service
			 cannot comply with each requirement for which a waiver is requested, including
			 any financial or other significant hardship resulting from efforts to
			 comply;
(3) A statement documenting
			 why noncompliance with each requirement will not cause the service to be unable
			 to render adequate care;
(4)
			 Reasons why compliance with each requirement is not possible for a given period
			 of time; and
(5) A plan for
			 compliance with each requirement within the period requested by the
			 waiver.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.285 - Certification of Vehicles and Personnel

Current through Register 1525, July 5, 2024
Each service shall:
(A)
			 Ensure that the EMS vehicle(s) it operates and maintains comply with all
			 applicable standards for certification set forth in
			 105 CMR
			 170.000, applicable motor vehicle standards under
			 M.G.L. c. 90 and other relevant laws and regulations;
(B) Ensure that the EMS personnel who work
			 for it comply with the applicable standards set forth in
			 105 CMR
			 170.000;
(C) Ensure that EMS personnel carry on their
			 person or in the EMS vehicle on which they are working, documentation (in
			 electronic or print format) of their current certification level and current
			 cardiopulmonary resuscitation training, and a valid motor vehicle operator's
			 license; and
(D) Verify its EMTs'
			 credentials by examining all required documentation (in electronic or print
			 format) of current status. In the case of an EFR service at the EMS first
			 response level, it shall be responsible for current certification of its EFRs
			 who are not EMTs, and for verifying these EFRs' current credentials by
			 examining all required documentation of current status.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.295 - Levels of Advanced Life Support

Current through Register 1525, July 5, 2024
A service may provide only those advanced life support services
				that are consistent with the level of service for which the service is
				licensed. Licensure at any ALS level includes licensure for the provision of
				BLS-level services. The levels of licensure for ALS services are:
(A)
Advanced Level
:
			 services related to airway and circulatory maintenance pursuant to the
			 Statewide Treatment Protocols and any other procedure which is consistent with
			 Department-approved training for Advanced EMT.
(B)
Paramedic Level
:
			 services related to the treatment of cardiac or respiratory arrest, poisoning,
			 drug overdose or other major trauma or illness pursuant to the Statewide
			 Treatment Protocols and any other procedure which is consistent with
			 Department-approved training for Paramedics.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.303 - Registration with the Department's Drug Control Program

Current through Register 1525, July 5, 2024
Each service that possesses controlled substances and
				instruments for administration of controlled substances, in accordance with its
				level of service and the Statewide Treatment Protocols, shall be registered
				with the Commissioner, in accordance with
				105 CMR
				700.000:
Implementation of M.G.L. c.
				94C
. For the purpose of applying for licensure, it shall be sufficient
				for the service to document that a complete application for registration was
				submitted to the Commissioner.