reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 721.000 - Standards for Prescription Format and Security in Massachusetts › Section 721.070 - ePrescribing Exceptions

Current through Register 1525, July 5, 2024
(A) The following
			 Prescriptions shall not be required to be issued as Electronic Prescriptions,
			 and may be issued as Written or Oral Prescriptions, provided, however, that
			 Oral Prescriptions must comply with 105 CMR 721.070(B) and that no Written or
			 Oral Prescription may be issued under any exception enumerated below in an
			 effort to circumvent the requirement to issue an Electronic Prescription:
(1) Prescriptions issued by
			 veterinarians;
(2) Prescriptions
			 issued or dispensed in circumstances where electronic prescribing is not
			 available due to temporary technological or electrical failure;
(3) Prescriptions issued by practitioners who
			 have applied for and received a waiver pursuant to 105 CMR 721.075;
(4) Prescriptions issued or dispensed in
			 Emergency Situations in accordance with
			 105
			 CMR 721.060;
(5) Prescriptions that cannot be issued
			 electronically under federal or state law or regulations, including those
			 issued for a drug for which the U.S. Food and Drug Administration (FDA)
			 requires certain elements that cannot be accomplished with electronic
			 prescribing;
(6) Prescriptions
			 issued outside the jurisdiction of the Commonwealth of Massachusetts;
(7) Prescriptions issued pursuant to
			 105
			 CMR 700.003(J)  for
			 expedited partner therapy for treatment of chlamydia, which are intended for
			 dispensing to the patient's partner;
(8) Prescriptions for Compounded Drug
			 Preparations, subject to standards outlined in Department guidance;
(9) Prescriptions issued for controlled
			 substances in schedule VI;
(10)
			 Prescriptions for durable medical equipment, as defined in
			 42
			 U.S.C. §
										1395x(n);
(11) Prescriptions issued prior to January 1,
			 2023, or such later date as determined by the Department, to residents of Level
			 I, II, or III Long-term Care Facilities, as defined in
			 105 CMR 150.000:
Standards for Long-term Care Facilities
; and
(12) Prescriptions issued in response to a
			 declared public health emergency, pursuant to M.G.L. c. 17, § 2A, or for
			 the treatment, control and prevention of diseases dangerous to public health,
			 including sexually transmitted infections, pursuant to M.G.L. c. 111, § 6,
			 or for any other urgent public health matter.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 721.000 - Standards for Prescription Format and Security in Massachusetts › Section 721.075 - Time Limited Waivers of Electronic Prescribing Requirements

Current through Register 1525, July 5, 2024
(A) The Commissioner may issue a time limited
			 waiver to a health care facility or a prescriber of one or more of the
			 requirements imposed through
			 105 CMR 721.000 upon a
			 finding that:
(1) compliance would impose a
			 demonstrable economic hardship on the applicant, or the applicant is impacted
			 by technical limitations that are not reasonably within the applicant's
			 control, or other exceptional circumstances;
(2) the applicant's temporary noncompliance
			 does not jeopardize the health or safety of individuals or the public;
			 and
(3) the applicant has
			 instituted compensating measures that are acceptable to the
			 Commissioner.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 722.000 - Dispensing Procedures for Pharmacists › Section 722.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 105 CMR 722.001 is to describe procedures which
				clinic and hospital pharmacies must follow when dispensing drug products in
				accordance with M.G.L. c. 94C.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 722.000 - Dispensing Procedures for Pharmacists › Section 722.090 - Hospital Pharmacies

Current through Register 1525, July 5, 2024
(A) Hospital
			 pharmacies may fill medication orders for hospital inpatients, prescriptions
			 for hospital outpatients and employees, and medication orders or prescriptions
			 for inpatients of a hospital-based skilled nursing facility or a long-term care
			 facility that is solely owned by a hospital that meets the Federal criteria for
			 a sole community hospital contained at 42 CFR § 412.92 and is located on
			 the hospital premises. Patients of such a hospital-based skilled nursing
			 facility or long-term care facility shall be considered hospital patients for
			 the purposes of receiving pharmacy services.
(B) Notwithstanding the provisions of 105 CMR
			 722.090(A), hospital pharmacies and their satellites or branches may fill
			 prescriptions for emergency room patients and discharge patients in an amount
			 not to exceed a 14 day supply of the prescribed medication.
(1) Prescriptions for emergency room patients
			 and discharge patients may not be refilled by the hospital pharmacy.
(2) Drug products which are only available
			 from the manufacturer in greater than 14 day supplies may be dispensed in
			 larger quantities for emergency room and discharge patients. The quantity
			 dispensed, however, may not exceed the smallest quantity supplied by the
			 manufacturer.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 722.000 - Dispensing Procedures for Pharmacists › Section 722.091 - Clinic Pharmacies

Current through Register 1525, July 5, 2024
A clinic pharmacy may fill medication orders written by clinic
				practitioners for immediate administration, or prescriptions for current clinic
				patients and employees in accordance with employee health policies, pursuant to
				the prescription of a clinic practitioner legally authorized to issue
				prescriptions.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 722.000 - Dispensing Procedures for Pharmacists › Section 722.095 - Waivers

Current through Register 1525, July 5, 2024
The Commissioner or the Commissioner's designee may waive any
				requirement imposed by
				105 CMR 722.000
				when:
(1) compliance would cause undue
			 hardship to the facility;
(2) the
			 facility is in substantial compliance with the spirit of the
			 requirement;
(3) the facility's
			 non-compliance does not jeopardize the health or safety of its patients and
			 does not limit the facility's capacity to give adequate care; and
(4) the facility provides to the Commissioner
			 or his or her designee written documentation supporting its request for a
			 waiver.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 722.000 - Dispensing Procedures for Pharmacists › Dispensing Procedures › Section 722.100 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				  105 CMR 722.000 are
				  severable. If any provision shall be declared invalid by any court, such
				  provision shall be null and void and such determination shall not affect or
				  impair any of the remaining provisions.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 724.000 - Implementation Of M.g.l. C. 94d; The Controlled Substances Therapeutic Research Act › Section 724.001 - Purpose and Scope

Current through Register 1525, July 5, 2024
(A) The purpose of
			 105 CMR 724.000 is to set
			 forth the requirements for the therapeutic research program in M.G. L. c.
			 94D.
(B)
								105 CMR 724.000 establishes
			 standards and criteria for a therapeutic research program to conduct research
			 and monitor experimentation in the use of marijuana as a therapeutic modality
			 for patients certified to participate in the program
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 724.000 - Implementation Of M.g.l. C. 94d; The Controlled Substances Therapeutic Research Act › Section 724.002 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of
				105 CMR 724.000, the
				following definitions apply unless the context or subject matter requires a
				different meaning.
Commissioner
means the Commissioner of
				Public Health.
Department
means the Department of
				Public Health.
Marijuana
means the plant
Cannabis sativa L.,
tetrahydrocannabinol, or a chemical
				derivative or synthesis of tetrahydrocannabinol.
Patient
means a person who has been
				certified by a physician as eligible for the therapeutic research program in
				accordance with the provisions of
				105 CMR 724.000.
Physician
means a person licensed in
				accordance with the provisions of M.G.L. c. 112, § 2.
Program
means the therapeutic research
				program approved by the Department to conduct research and monitor
				experimentation in the use of marijuana as a therapeutic modality in
				alleviating the nausea and ill-effects of cancer chemotherapy and radiation
				therapy, in decreasing intraocular pressure in patients with glaucoma, and in
				decreasing airway resistance in patients with asthma.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 724.000 - Implementation Of M.g.l. C. 94d; The Controlled Substances Therapeutic Research Act › Section 724.003 - Requirements for the Therapeutic Research Program

Current through Register 1525, July 5, 2024
(A)
Patient
			 Eligibility
. Eligibility for the therapeutic research program
			 shall be limited to patients who experience the nausea and ill-effects of
			 cancer chemotherapy and radiation therapy; glaucoma patients who experience
			 intraocular pressure from glaucoma; and patients with asthma who experience
			 severe respiratory problems or discomfort.
(B)
Supply
. The
			 Department shall contract with the National Institute on Drug Abuse, the
			 National Cancer Institute or other manufacturer, distributor or analytical
			 laboratory for the receipt of a supply of analyzed marijuana in accordance with
			 all applicable state and federal laws.
(C)
Approval of Institutional
			 Review Board
. Prior to the implementation of any study protocol
			 pursuant to the therapeutic research program, the protocol shall undergo the
			 review and approval of an Institutional Review Board in accordance with the
			 provisions of 45 CFR part 46 and 21 CFR part 56, as most recently
			 amended.
(D)
Location
			 of Use
. A patient may not use the marijuana provided by the
			 program in the presence of persons under the age of 18, in a moving vehicle, or
			 in a public place, or in any manner inconsistent with the requirements of the
			 program.
(E)
Record-Keeping
. The therapeutic research program
			 established pursuant to
			 105 CMR 724.000 shall meet
			 all record-keeping requirements of 21 CFR part 312, as most recently
			 amended.
(F)
Reporting
.
(1) The
			 Department shall file an annual report of the activities of the program with
			 the Governor and General Court.
(2)
			 The therapeutic research program shall meet all the reporting requirements
			 found in 21 CFR part 312 and
			 105 CMR
			 700.009, as most recently amended.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 724.000 - Implementation Of M.g.l. C. 94d; The Controlled Substances Therapeutic Research Act › Section 724.004 - Certification of Patients for Eligibility in the Therapeutic Research Program

Current through Register 1525, July 5, 2024
(A) A physician may certify the following
			 types of patients for eligibility to participate in the program:
(1) patients who experience the nausea and
			 ill-effects of cancer chemotherapy and radiation therapy;
(2) glaucoma patients who require the
			 decreasing of intraocular pressure; and
(3) patients with asthma who require the
			 decreasing of airway resistance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 724.000 - Implementation Of M.g.l. C. 94d; The Controlled Substances Therapeutic Research Act › Section 724.005 - Certification and Review of Patients for Participation in the Therapeutic Research Program

Current through Register 1525, July 5, 2024
(A) The Department
			 shall convene a panel of three physicians appointed by the Commissioner for the
			 purpose of reviewing all certification forms submitted by physicians to the
			 Department for compliance with
			 105 CMR 724.000
(B) The panel shall conduct a timely review
			 and inform the physician who submitted the certification form of its decision
			 to approve or deny certification of the patient's participation in the
			 program.
(C) All certification
			 forms shall be kept on file at the Department and a copy included in the
			 patient's medical record.
(D) The
			 records of the Department which are maintained pursuant to the therapeutic
			 research program shall not be deemed to be public records within the meaning of
			 M.G.L. c. 4, § 7.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 724.000 - Implementation Of M.g.l. C. 94d; The Controlled Substances Therapeutic Research Act › Section 724.006 - Guidelines

Current through Register 1525, July 5, 2024
(A) The Department shall establish guidelines
			 for the therapeutic research program which shall include, but not be limited
			 to, the criteria for submission of study protocols and the criteria for patient
			 participation in a study protocol.
(B) The Department shall have oversight over
			 any study protocol which is instituted pursuant to
			 105 CMR 724.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 724.000 - Implementation Of M.g.l. C. 94d; The Controlled Substances Therapeutic Research Act › Section 724.007 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				105 CMR 724.000 are
				severable. If any provision herein is declared unconstitutional or invalid by a
				court of competent jurisdiction, the validity of the remaining provisions shall
				not be so affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.010 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR
				802.000 is to clarify professional standards and
				requirements for obtaining a certificate as a Registered Sanitarian, and other
				provisions of M.G.L.c. Ill, § 27E related to registration of Sanitarians
				within the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.020 - Definitions

Current through Register 1525, July 5, 2024
Advanced Math
shall mean undergraduate
				or graduate mathematic courses, including computer and statistics, as
				determined by the Department.
Advanced Math
does not
				include economics.
Approved School of Public Health/Environmental
				Health
shall mean any school, which grants a bachelor's degree in
				sanitary science, public health, or environmental health, and which is
				recognized as accredited by the United States Department of Education, or any
				other educational institution approved by the Department.
Basic Sciences
shall mean sciences
				basic to sanitation, namely, physics, biology, microbiology, epidemiology,
				Advanced Math, public health, chemistry, environmental health, bacteriology,
				biochemistry, civil engineering, environmental engineering, toxicology,
				geology, social sciences, geography or related courses, as determined by the
				Department.
Board of Health
shall mean the
				appropriate and legally designated health authority of a city, town, or other
				legally constituted governmental unit within the Commonwealth having the usual
				powers and duties of the board of health or health department of a city or
				town.
Contact Hour
shall mean the unit of
				measurement of organized learning experience lasting 50 consecutive
				minutes.
Commissioner
shall mean the
				Commissioner of Public Health.
Continuing Education
shall mean
				planned learning experiences designed to augment the knowledge, skills, and
				attitudes of a Registered Sanitarian, for improving the health of the
				public.
Department
shall mean the
				Massachusetts Department of Public Health.
Evaluation
shall mean the process of
				determining whether Objectives have been met.
Objective
shall mean a statement that
				delineates a desired, specific attainable and/or measurable change in a
				learner's behavior.
Program
shall mean seminars,
				educational courses, lectures, conferences, and workshops offered by
				Providers.
Provider
shall mean professional
				organizations and educational institutions recognized by the Department and
				shall include colleges, universities, municipal, state, and federal agencies,
				public health organizations, and other professional associations and
				organizations offering Continuing Education.
Registered Sanitarian
or
R.S.
shall mean a Sanitarian who has been duly
				registered by the Department and who maintains such active registration and
				shall include Sanitarians with active registration by the Division of
				Occupational Licensure as of December 31, 2022.
Sanitarian
shall mean a person with
				broad education and experience in the physical, biological, and social
				sciences, supplemented by specialization in the field of sanitary or
				environmental science and technology, and who is qualified to carry out
				instructional and inspectional duties and enforce the laws in the field of
				environmental sanitation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.100 - General Provisions of Registration as a Sanitarian

Current through Register 1525, July 5, 2024
The Department shall issue a certificate of Registered
				Sanitarian to any individual upon satisfactory completion of all applicable
				registration requirements. An applicant who is not eligible for registration by
				reciprocity pursuant to
				105
				CMR 802.230 must meet the education and
				experience requirements of
				105
				CMR 802.200 and satisfactorily pass the
				examination required by
				105
				CMR 802.220.
If an applicant is found qualified by the Department, the
				applicant shall be registered by the Department as a Registered Sanitarian,
				with the right to use the title Registered Sanitarian and the letters "R.S." or
				"RS". No individual may assume such title or list the credentials of Registered
				Sanitarian (R.S. orRS) to indicate that the person is a currently Registered
				Sanitarian unless so registered by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.110 - Registered Sanitarians Duties and Responsibilities

Current through Register 1525, July 5, 2024
Registered Sanitarians administer environmental and health
				projects, initiatives, and interventions for both public and private agencies
				and organizations in food protection and safety, water protection, air quality,
				noise, industrial and land pollution, sewage disposal, hazardous and toxic
				substances, solid waste management, institutional health, and other related
				environmental health topics.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.200 - Minimum Standards and Qualifications

Current through Register 1525, July 5, 2024
(1) An
			 applicant for registration as a Registered Sanitarian must possess the
			 following minimum education and/or experience in order to be eligible for
			 registration:
(a) A bachelor's degree or
			 graduate degree in sanitary science, public health, environmental health, or
			 equivalent as may be determined by the Department, from an Approved School of
			 Public Health/Environmental Health, as defined in
			 105
			 CMR 802.020; or
(b) A bachelor's degree or graduate degree in
			 environmental engineering from an institution recognized as accredited by the
			 United States Department of Education, or any equivalent institution as
			 determined by the Department; or
(c) A bachelor's degree with a minimum of 30
			 semester hours credit in Basic Sciences from an institution recognized as
			 accredited by the United States Department of Education, or any like
			 institution approved by the Department, plus the equivalent of one year
			 full-time professional experience in environmental health.
1. Basic Science courses may be taken outside
			 the applicant's bachelor's degree program but must be offered by an institution
			 recognized as accredited by the United States Department of Education, or any
			 like institution approved by the Department.
2. Applicants may include up to six social
			 science and/or Advanced Math credits towards the applicant's total Basic
			 Science course credits.
3. As
			 pertains to a particular applicant, the Department shall determine whether:
a. a math course constitutes an Advanced Math
			 course; and
b. other courses not
			 defined as Basic Sciences constitute a Basic Science course for the purpose of
			 licensure.
4. In making
			 any determination set forth in
			 105
			 CMR 802.200(l)(c)3., the
			 Department reserves its right to require an applicant to submit documentation,
			 which may include a syllabus, explaining course content to assist the
			 Department in determining whether a specific course qualifies. It is the
			 applicant's responsibility to provide sufficient information regarding specific
			 course content.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.210 - Application for Registration

Current through Register 1525, July 5, 2024
(1) Filing
			 Procedure: An individual who desires to be registered as a Registered
			 Sanitarian and who meets the standards and qualifications specified in
			 105
			 CMR 802.200 shall complete an application on
			 a form to be prescribed and furnished by the Department.
(2)
Documentary
			 Evidence
: An application shall include proof of satisfactory
			 completion of the education, training, and experience to meet the requirements
			 for registration and proof of having passed such examination as approved or
			 administered by the Department. The application shall include an examination as
			 specified in
			 105
			 CMR 802.220. Said application form shall be
			 filled out completely and shall be accompanied by the following:
(a) Official transcripts, or other official
			 documentation satisfactory to the Department, verifying that the applicant
			 meets the educational requirements specified in
			 105
			 CMR 802.200; and
(b) Work affidavit signed by employer(s) and
			 submitted on a form prescribed and provided by the Department, or other written
			 documentation satisfactory to the Department verifying that the applicant meets
			 the experience requirements specified in
			 105
			 CMR 802.200(l)(c), if
			 applicable; and
(c) A copy of the
			 applicant's government issued identification that includes that applicant's
			 full name and photograph; and
(d)
			 Any and all additional documentation which may be requested in writing by the
			 Department; and
(e) The required
			 registration fee set forth in
			 801 CMR
			 4.00:
Rates.
All fees submitted in
			 conjunction with an application for registration shall be
			 non-refundable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.220 - Examination

Current through Register 1525, July 5, 2024
(1) An applicant for registration as a
			 Registered Sanitarian shall be required to pass an examination as determined by
			 the Department.
(2) The Department
			 shall approve a written examination to be administered at least annually to
			 individuals who have applied for registration as Registered Sanitarians. The
			 written examination shall test an applicant's reasonable and appropriate
			 capability to perform duties and functions of a Registered Sanitarian, and
			 shall be sufficiently thorough to test the applicant's fitness to perform those
			 duties and functions. The Department, or its designee, shall give each
			 applicant reasonable advance written notice as to when and where to appear for
			 the examination, including for online examinations, and shall provide each
			 applicant with their examination results.
(3)
Passing Scores
:
			 The passing score for the examination shall be determined by the Department, or
			 its designee, and shall be sufficient to demonstrate the applicant's
			 proficiency with the subject matter tested.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.230 - Registration by Reciprocity

Current through Register 1525, July 5, 2024
The Department may issue a certificate of registration without
				examination and by reciprocity to any Registered Sanitarian who holds a current
				license, certification, or registration issued by another state or
				jurisdiction, provided that:
(1) The
			 requirements for that license, certification, or registration are, as
			 determined by the Department, at least equivalent to those of
			 105 CMR
			 802.000; and
(2) The applicant's license, certification,
			 or registration in any other jurisdiction has not been revoked, suspended, or
			 otherwise encumbered as a result of formal disciplinary proceedings instituted
			 by the government agency responsible for licensure, certification, or
			 registration of Sanitarians in that jurisdiction.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.300 - Establishment of Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) As a condition for renewal of
			 registration, a Registered Sanitarian shall complete no less 12 Contact Hours,
			 of Continuing Education during each one-year period between registration
			 renewals.
(2) A Registered
			 Sanitarian seeking renewal of registration shall attest they have completed the
			 number of Continuing Education Contact Hours required by
			 105
			 CMR 802.300 during the one-year period
			 between registration renewals.
(3)
			 The Department may grant an extension of the time for completing such
			 Continuing Education to a Registered Sanitarian upon submission by the
			 registrant of satisfactory proof of extenuating circumstances preventing the
			 registrant from completing the required Continuing Education within the
			 calendar year.
(4) Any registration
			 holder who is unable to complete the required number of Continuing Education
			 Contact Hours shall not have their registration renewed until they submit
			 evidence satisfactory to the Department that they have completed all required
			 Continuing Education Contact Hours and paid all required fees.
(5) If a particular Continuing Education
			 activity is undertaken by a Registered Sanitarian in good faith, but Continuing
			 Education credit for that activity is denied or disapproved by the Department,
			 the Registered Sanitarian so affected may be given up to one year from the date
			 of the Department's decision to correct the deficiency. Verification of
			 completion of an acceptable substitute activity shall be submitted to the
			 Department within 60 calendar days of its completion.
(4) A Registered Sanitarian shall not be
			 required to complete any Continuing Education in the calendar year in which
			 they obtain their initial certificate of registration.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.310 - Standards for Continuing Education

Current through Register 1525, July 5, 2024
A Continuing Education activity may be used to satisfy the
				Continuing Education requirements set forth in
				105
				CMR 802.300 only if it contributes directly
				to the professional competence of a Registered Sanitarian and meets all of the
				applicable standards set forth in
				105
				CMR 802.310.
(1)
Amount of Credit
			 Earned
.
(a) 50 consecutive clock
			 minutes is equivalent to one Contact Hour.
(b) A Registered Sanitarian is required to
			 complete a total 12 Continuing Education Contact Hours for each calendar
			 year.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.320 - Verification of Continuing Education

Current through Register 1525, July 5, 2024
(1) At the
			 time of renewal of the registration, the registrant may be required to file a
			 form received from the Department with the renewal application listing
			 information about all activities undertaken to fulfill Continuing Education
			 requirements, including course names, dates, number of hours, signature of
			 registrant, and names of institutions or Programs providing the Continuing
			 Education.
(2) The Department has
			 the authority to request that the registrant verify any Continuing Education
			 activity which was undertaken not more than three years prior to the date of
			 the last renewal of the individual's registration.
(3) The Registered Sanitarian requested to
			 submit verification of a qualifying course, Program, lecture, workshop or
			 conference shall submit a written statement (or photocopy) which shall include
			 the following information:
(a) name of
			 school, institution, or organization which conducted or sponsored the course,
			 Program, lecture, workshop, or conference;
(b) location of the course, Program, lecture,
			 workshop, or conference;
(c) title
			 and authorized number of the course, Program, lecture, workshop or
			 conference;
(d) learning
			 Objectives;
(e) dates of
			 attendance;
(f) hours
			 claimed;
(g) name and signature of
			 authorized representative of the school, institution, or organization which
			 conducted or sponsored the course, Program, workshop, or conference;
			 and
(h) such other information as
			 the Department may reasonably require.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.400 - Renewal of Registration

Current through Register 1525, July 5, 2024
(1) An individual's
			 registration as a Registered Sanitarian shall expire at the end of each
			 calendar year and may be renewed on or before January fifteenth of the
			 following year; provided, however, that an individual seeking such renewal
			 shall provide evidence of such Continuing Education as the Department shall
			 require by regulation specified in
			 105
			 CMR 802.300.
(2) An individual's request for registration
			 renewal shall be accompanied by the applicable renewal fee set forth in
			 801 CMR
			 4.00:
Rates.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.410 - Lapse of Registration

Current through Register 1525, July 5, 2024
(1) If a Registered
			 Sanitarian allows their registration to lapse, but attempts to renew the
			 registration within three years from the date of its expiration, said
			 registrant may obtain renewal of their registration by submitting to the
			 Department the renewal application, together with the required evidence of
			 Continuing Education for the current renewal period and each missed renewal
			 period, the appropriate fee for the current renewal period and all missed
			 renewal periods, and any late fee as may be established by
			 801 CMR
			 4.00:
Rates.
(2) If a Registered Sanitarian allows their
			 registration to lapse and does not attempt to renew it within three years from
			 the date of its expiration, the registrant shall be treated as though they were
			 applying for initial registration and shall be required to take and pass the
			 examination for initial registration and pay all applicable fees.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.500 - Investigation of Complaints

Current through Register 1525, July 5, 2024
The Department shall review all complaints and determine
				whether the allegations require a formal investigation.
(1) If the Department finds an investigation
			 is not required because the alleged act or practice does not violate
			 105 CMR
			 802.000 or any administrative requirement, protocol,
			 or order of the Department pursuant thereto, the Department shall notify the
			 complainant of this finding and the reasons on which it is based.
(2) If the Department finds an investigation
			 is required, because the alleged act or practice may violate
			 105 CMR
			 802.000 or an administrative requirements, protocol,
			 or order of the Department pursuant thereto, the Department shall
			 investigate.
(3) If the Department
			 finds the act or practice constitutes such a violation, the Department shall
			 apply an enforcement procedure(s), provided in
			 105
			 CMR 802.520 through
			 802.560, as is appropriate to
			 remedy the situation and the Department shall notify the complainant of its
			 actions in this matter.
(4)
			 Investigation of complaints may lead to enforcement actions, including an
			 advisory letter, a letter of deficiency, or a letter of reprimand; a
			 cease-and-desist order; a correction order, as set forth in
			 105
			 CMR 802.530; or a revocation, suspension, or
			 refusal to renew a registration, or a modification of a registration by the
			 Department. The Department may specify in any such enforcement action taken
			 against a registrant a requirement to undergo and successfully complete
			 remedial training, in accordance with terms set out in the enforcement
			 action.
(5) Nothing in
			 105
			 CMR 802.500 shall limit the Department's
			 ability to resolve a pending complaint by any other action, including but not
			 limited to the imposition of a fine as permitted by law.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.510 - Deficiencies

Current through Register 1525, July 5, 2024
(1) A deficiency means there is a violation
			 of 105 CMR
			 802.000 or an administrative requirement, protocol, or
			 order of the Department. The Department may find a deficiency exists based upon
			 information received by the Department, such as information received through
			 the complaint procedure, as set forth in
			 105
			 CMR 802.500.
(2) A deficiency may result in the following
			 enforcement action:
(a) an advisory letter, a
			 letter of deficiency, a notice of serious deficiency, a cease-and-desist order,
			 or a letter of reprimand;
(b) a
			 request to submit a written plan of correction as set forth in
			 105
			 CMR 802.520;
(c) a correction order as set forth in
			 105
			 CMR 802.530; or
(d) a denial, suspension, revocation, or
			 refusal to renew a registration.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.520 - Plan of Correction

Current through Register 1525, July 5, 2024
The Department may require any registrant pursuant to
				105
				CMR 802.510(2)(b)  to submit
				a written plan of correction for each existing deficiency.
(1) The registrant shall specify in the plan
			 of correction the manner in which the deficiency shall be corrected and the
			 date by which the deficiency shall be corrected.
(2) The plan of correction shall be submitted
			 to the Department no later than ten calendar days after written notice of
			 deficiency and request by the Department for submission of such plan, or sooner
			 as determined by the Department if deficiencies threaten health and
			 safety.
(3) The Department shall
			 approve or deny the plan of correction within ten calendar days of receipt of
			 the plan. Failure to respond to a submitted plan of correction within ten
			 calendar days of receipt shall be deemed an acceptance of the plan of
			 correction.
(4) Failure to timely
			 submit an acceptable plan of correction or failure to timely correct the
			 deficiency in accordance with the plan of correction are grounds for further
			 enforcement action, including suspension or revocation of a
			 registration.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.530 - Correction Orders

Current through Register 1525, July 5, 2024
The Department may order any registrant pursuant to
				105
				CMR 802.510(2)(c)  to
				correct a deficiency by issuing a correction order. Each correction order shall
				contain the following:
(1) A
			 description of the deficiency or deficiencies;
(2) The period within which the deficiency
			 must be corrected, which shall be reasonable under the circumstances. In the
			 case of a deficiency that endangers the public health or safety, the Department
			 or its agent may suspend a registration effective immediately, provided the
			 registrant affected shall be promptly afforded an opportunity for an
			 adjudicatory proceeding pursuant to
			 105
			 CMR 802.600.
(3) The provisions of the applicable statutes
			 and regulations relied on in citing the deficiency.
(4) Except for immediate suspension orders,
			 an affected registrant may file a written request with the Department for
			 administrative reconsideration of the order or any portion thereof within seven
			 calendar days of the date of the correction order. Such request shall contain
			 sufficient information to allow the Department to adequately reconsider the
			 issuance of the order. Failure of the Department to act upon the written
			 request within seven calendar days of the filing of the request shall be deemed
			 a denial of the request.
(5) If the
			 Department makes a finding in writing that the registrant has made a good faith
			 effort to correct the deficiency within the period prescribed for correction
			 and that the correction cannot be completed by the prescribed date, the
			 Department may permit the affected registrant to file or amend a plan of
			 correction set forth in
			 105
			 CMR 802.520.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.540 - Denial of Registration

Current through Register 1525, July 5, 2024
(1) If an
			 application for registration is denied on the basis of disputed facts, the
			 denied applicant may request in writing an adjudicatory hearing within 14
			 calendar days of the notice of denial, provided the applicant submits written
			 evidence, which the applicant would offer at a hearing sufficient to support
			 the applicant's factual allegations.
(2) If an application for registration is
			 denied by the Department on the basis of facts over which there is no material
			 dispute, the applicant shall be notified in writing of the reasons for the
			 denial. Any applicant aggrieved by a denial on the basis of undisputed facts is
			 not entitled to an adjudicatory hearing but may seek judicial review under
			 M.G.L. c. 30A, § 14.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.550 - Suspension of Registration

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner may suspend a registration without a hearing if the Commissioner
			 finds public health or safety is endangered. Written notice of the reasons for
			 the suspension shall promptly be issued by the Department. The affected person
			 shall also be notified in writing of the right to an adjudicatory hearing and
			 shall be promptly afforded an opportunity for a hearing provided a written
			 request for a hearing is submitted within 14 calendar days of issuance of
			 notification of suspension.
(2)
			 After hearing or waiver thereof, the Department may modify a registration, or
			 suspend, revoke or refuse to renew a registration.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.560 - Revocation or Refusal to Renew Registration

Current through Register 1525, July 5, 2024
(1)
			 If the Department initiates action to revoke or refuse to renew a registration,
			 the affected person shall be notified in writing of the reasons for the
			 Department's action and of the affected person's right to an adjudicatory
			 proceeding.
(2) Written request for
			 a hearing must be submitted within 14 calendar days of issuance of notification
			 of Department action.
(3) After
			 hearing or waiver thereof, the Department may modify a registration, or
			 suspend, revoke or refuse to renew a registration.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.570 - Nonexclusivity of Enforcement Procedures

Current through Register 1525, July 5, 2024
None of the enforcement procedures contained in
				105 CMR
				802.000 are mutually exclusive. Any enforcement
				procedures may be invoked simultaneously if the situation so
				requires.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.600 - Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1) All
			 adjudicatory proceedings will be conducted in accordance with M.G.L. c. 30A and
			 801 CMR
			 1.00:
Standard Adjudicatory Rules of Practice
			 and Procedure.
(2) The
			 Commissioner shall designate a presiding officer to conduct a hearing and
			 render a tentative decision, containing findings of fact and rulings of law. If
			 the presiding officer finds any single ground for denial, revocation,
			 suspension, or refusal to renew any registration, the presiding officer shall
			 render a decision affirming the action initiated by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.610 - Grounds for Denial of Registration

Current through Register 1525, July 5, 2024
(1) The
			 Department may deny registration on any of the following grounds:
(a) Failure to conform to the application
			 requirements of
			 105
			 CMR 802.210,
			 105
			 CMR 802.220, and
			 105
			 CMR 802.230;
(b) Any actions or omissions which would
			 indicate the health or safety of the public would be at risk should
			 registration be granted;
(c) Any
			 previous violation of
			 105 CMR
			 802.000; or
(d) Any attempt to serve as a Registered
			 Sanitarian or to obtain registration through fraud, deceit, or knowing
			 submission of inaccurate data or omission of a material fact.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.620 - Grounds for Suspension. Revocation of Registration, or Refusal to Renew Registration

Current through Register 1525, July 5, 2024
The Department may suspend or revoke registration of any
				Registered Sanitarian on the following grounds:
(1) Failing to meet Continuing Education
			 requirements set forth in
			 105
			 CMR 802.300 and
			 105
			 CMR 802.310 for renewal of
			 registration;
(2) Failing to
			 exercise reasonable care, judgment, knowledge, or ability in the performance of
			 duties or to perform those duties within the scope of their training and
			 registration;
(3) Gross misconduct
			 in the exercise of duties;
(4)
			 Committing a criminal offense relating to the performance of a registrant's
			 duties including any conviction related to controlled substances
			 violations;
(5) Any condition or
			 action that endangers the health or safety of the public;
(6) Refusing to surrender a registration in
			 violation of
			 105
			 CMR 802.550 or
			 105
			 CMR 802.560;
(7) Failing to submit a plan of correction
			 when required by the Department in accordance with
			 105
			 CMR 802.510(2)(b);
(8) Failing to comply with a
			 Department-approved plan of correction pursuant to
			 105
			 CMR 802.520;
(9) Failing to comply with a
			 Department-issued correction order pursuant to
			 105
			 CMR 802.530;
(10) Knowingly making a false statement or
			 omitting a material fact, orally or in an application or other document filed
			 with or obtained by the Department or any other entity relating to registration
			 pursuant to
			 105 CMR
			 802.000;
(11) Having been disciplined in Massachusetts
			 or another jurisdiction (state, United States, or foreign) by a governmental
			 licensing or registration authority, or by the National Environmental Health
			 Association, against a Registered Sanitarian (R.S.) or other certification or
			 license held by the Registered Sanitarian, for acts or conduct substantially
			 similar to that which would constitute grounds for discipline by the
			 Department;
(12) Falsifying reports
			 of Continuing Education courses, seminars, workshops, or completed Contact
			 Hours;
(13) Failing to meet
			 reporting obligations in accordance with
			 105
			 CMR 802.630; or
(14) Any violation of
			 105 CMR
			 802.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.630 - Reporting Obligations of Registered Sanitarians

Current through Register 1525, July 5, 2024
(1) Each Registered Sanitarian shall file a
			 written report with any local board of health with which they provide services
			 relating to such registration, and with the Department within five calendar
			 days of the following:
(a) The Registered
			 Sanitarian's conviction of a misdemeanor or felony in Massachusetts or any
			 other state, the United States, or a foreign country (including a guilty plea,
			 nolo contendre or admission to sufficient facts), other than a minor traffic
			 violation for which less than $1,000 was assessed. The following traffic
			 violations are not minor and must be reported: conviction for driving under the
			 influence, reckless driving, driving to endanger, and motor vehicle
			 homicide;
(b) Loss or suspension of
			 the Registered Sanitarian's driver's license;
(c) Disciplinary action taken by another
			 governmental licensing jurisdiction (state, United States, or foreign) or the
			 National Environmental Health Association against a Registered Sanitarian
			 (R.S.) or other certification or license held by a Registered
			 Sanitarian.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 802.000 - Registration of Sanitarians › Section 802.700 - 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 803.000 - Certification of Health Officers › Section 803.010 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR
				803.000 is to clarify professional standards and
				requirements for obtaining a certificate as a Certified Health Officer, and
				other provisions of M.G.L. c. 111, § 27F related to certification of
				Health Officers within the Commonwealth of Massachusetts.