Chapter 111

Section 237. The commissioner shall collect, record and analyze data, and shall assemble and maintain data systems, necessary to analyze population health trends. The commissioner shall give priority to analyzing fatal and nonfatal opiate overdoses. The commissioner may identify …

Section 238. The department of public health shall develop and implement a public information campaign to promote awareness of reproductive health care facilities in the commonwealth, including those that offer or perform abortions. The campaign shall include, but not be limited …

Section 239. The department of public health shall promulgate regulations concerning: (i) the sale of tobacco products, as defined in section 6 of chapter 270, to persons under the age of 21; (ii) the sale of electronic nicotine delivery systems as defined in section 7E of chapte…

Section 24. The department may publish for general distribution such parts of its annual report to the general court and such other matter as it may deem adapted to promote the interests of the public health in the commonwealth. The department shall publish every five years for d…

Section 240. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Cancer clinical trials'', research studies that test new cancer treatments on people, including, but not limited to, medications, che…

Section 241. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:- ″Rare disease'', any disease that affects fewer than 200,000 people in the United States, has status as an orphan disease for …

Section 242. (a) There shall be an advisory council on pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections and pediatric acute neuropsychiatric syndrome within the department, which shall advise the commissioner on research, diagnosis, treatmen…

Section 243. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Parkinson's disease'', a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the …

Section 244. (a)(1) The commissioner, in consultation with the secretary of veterans' services and the adjutant general of the Massachusetts national guard, shall develop, and update as necessary, written educational materials about the health effects associated with chemicals id…

Section 245. The department shall administer an initiative to increase public awareness of and education on the availability of the extreme risk protection order process established pursuant to sections 131R to 131Y, inclusive, of chapter 140, to remove a firearm from the control…

Section 246. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Perinatal individual'', an individual that: (i) is either pregnant or is within 12 months from the date of giving birth; (ii) is a biol…

Section 247. (a) For the purposes of this section, ''postnatal individual'' shall refer to an individual who: (i) is within 12 months of giving birth; (ii) is a biological parent or an adoptive or foster parent that is within 12 months from assuming custodial care of a child; or …

Section 248. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Programs'', entities or providers qualified by the department to provide universal postpartum home visiting services. ''Provider'', an …

Section 249. (a) For the purposes of this section, the definitions in section 1 of chapter 94C shall apply unless the context clearly requires otherwise. (b) At the commissioner's discretion, and in accordance with applicable law, the department may authorize a pharmacy operated …

Section 24A. The commissioner may authorize or cause to be made scientific studies and research which have for their purpose the reduction of morbidity and mortality within the commonwealth. All information, records of interviews, written reports, statements, notes, memoranda, or…

Section 24B. Upon the birth of any child, the physician, certified nurse midwife, administrator or other person in charge of a hospital, or any other person responsible for reporting a birth pursuant to chapter 46 shall forward to the commissioner any information, including the r…

Section 24E. For the purposes of this section, the term ''comprehensive family planning services'' shall mean those medical, educational, and social services that assist individuals of childbearing age, including sexually active minors, in determining the number and spacing of th…

Section 24H. The department shall, subject to appropriation, establish a program of managed care within community health centers pursuant to regulations promulgated by the department; provided, however, that the department may transfer funds to the division of medical assistance …

Section 24I. There is hereby established a universal immunization program. Said program shall be administered by the department, subject to appropriation. Any revenues generated by said program shall be credited to the General Fund.

Section 24J. There is hereby established a program of medical respite services provided by the Boston health care for the homeless program. Said program shall be administered by the department, subject to appropriation. Any revenues generated by said program shall be credited to …

Section 24K. There is hereby established the pediatric palliative care program. Said program shall be administered by the department, subject to appropriation, under this section and regulations promulgated hereunder. The program shall assist eligible children with a life-limitin…

Section 24L. (a) The department of public health shall collaborate with the department of children and families, the child abuse prevention board and staff of the Children's Trust Fund, the office of the child advocate, other state agencies serving families and children, health c…

Section 24M. The department shall establish, maintain and operate a computerized immunization registry. The immunization registry shall record immunizations and immunization history with identifying information and shall include appropriate controls to protect the security of the…

Section 24N. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Children'', individuals less than 19 years of age. "Estimated vaccine cost'', the estimated cost over the course of a fiscal year for …

Section 24O. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Maternal morbidity'', any health condition attributed to or aggravated by pregnancy that has negative health outcomes. ''Maternal mor…

Section 24P. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Fetal death'', as defined in section 202. ''Infant death'', the death of an infant that occurs between the birth of the infant and 1 y…

Section 25. The department shall publish in each issue of its official departmental publication, and also, if in its opinion the public health can be served thereby, may publish in one or more newspapers in the commonwealth, a certificate of the examination or analysis made under…

Section 25A. Under the direction of the office of health resource planning established in section 22 of chapter 6D, the department shall establish and maintain, on a current basis, an inventory of all health care resources and all other reasonably pertinent information concerning…

Section 25B. In this section and sections twenty-five C to twenty-five G, inclusive, the following words shall have the following meanings: ''Appropriate regional comprehensive health planning agency,'' the regional agency designated pursuant to the provisions of section three hu…

Section 25C. (a) Notwithstanding any general or special law to the contrary, except as provided in section 25C1/2, a person or agency of the commonwealth or any political subdivision thereof shall not make substantial capital expenditures for construction of a health care facilit…

Section 25D. Every person, at least thirty days prior to making a public solicitation of funds or otherwise securing financing for construction of a health care facility or a substantial change in the services of a facility, shall file written notice of his intent to do so with t…

Section 25E. Any person or agency filing an application for determination of need or empowered to request a public hearing under the provisions of section twenty-five C, and aggrieved by the determination thereof may, within fourteen days after such determination, file an appeal …

Section 25F. The department and the health facilities appeals board are hereby authorized and directed to promulgate rules and regulations necessary for the implementation of sections twenty-five C to twenty-five G, inclusive; provided, however, that no new promulgated rule or re…

Section 25G. The superior and supreme judicial courts shall have jurisdiction, upon request of the department, the appropriate regional comprehensive health planning agency, or of any ten taxpayers in the commonwealth to enforce the provisions of sections twenty-five C to twenty-…

Section 25H. The provisions of sections twenty-five B to twenty-five G, inclusive, are severable and if any provision shall be in violation of any federal rule or regulation established by the Department of Health, Education and Welfare as a condition for receiving federal funds …

Section 25I. The department, in conjunction with the board of registration in pharmacy and the division of medical assistance, shall establish and implement guidelines to reduce medication waste in facilities licensed by the department, the department of mental health and the dep…

Section 25J. (a) For purposes of this section, the following words shall have the following meanings:— ''Non–English speaker'', a person who cannot speak or understand, or has difficulty with speaking or understanding, the English language because the speaker primarily or only us…

Section 25K. The department shall develop an educational insert to accompany the sale of hypodermic syringes and needles. This educational insert shall include, but not be limited to: (1) information on the proper use of hypodermic syringes and needles; (2) the risk of blood-born…

Section 25L. (a) There shall be in the department a health care workforce center to improve access to health and behavioral, substance use disorder and mental health care services. The center, in consultation with the health care workforce advisory council established by section …

Section 25M. (a) There shall be a healthcare workforce advisory council within, but not subject to the control of, the health care provider workforce center established by section 25L. The council shall advise the center on the capacity of the healthcare workforce to provide time…

Section 25N. (a) There shall be a health care workforce loan repayment program, administered by the health care workforce center established by section 25L. The program shall provide repayment assistance for graduate and medical school loans to participants who: (1) are graduates…

Section 25O. (a) The department of public health, in consultation with other executive office of health and human services agencies and the executive office of public safety and security, shall develop guidelines regarding the establishment of programs to protect the safety of vi…

Section 26. In each city, except as hereinafter provided, the board of health shall consist of three persons, one of whom shall be a physician. No one of them shall be a member of the city council. One member shall be appointed in January of each year for three years from the fir…

Section 26A. A city, by accepting the provisions of this section and sections twenty-six B to twenty-six E, inclusive, by vote of the city council and approval of the mayor, and a town, by accepting the provisions of said sections by vote of the town, may create a health departme…

Section 26B. In a city the mayor, with the approval of the city council, unless otherwise provided in the city charter, and in a town the board of selectmen, if authorized by a vote of the town, shall appoint, and may remove for cause, a commissioner of health who shall be a citi…

Section 26C. The advisory council of health shall consist of nine persons, two of whom shall be registered physicians and five of whom shall be nonprofessionals. For the purposes of this section ''nonprofessionals'' shall mean a person whose background and experience indicate tha…

Section 26D. Upon the qualification of the commissioner of health first appointed under section twenty-six B, the terms of the then existing members of the board of health of the city or town shall terminate and said offices shall thereupon be abolished.

Section 26E. Every such commissioner of health shall make rules and regulations for the department of health, its officers, agents and assistants. He may appoint such necessary assistants and clerks as may be required to execute the health laws and regulations of the department. …

Section 26F. In any city or town which accepts the provisions of this section, the board of health of such city or town shall annually publish a list, a copy of which shall be posted in the town or city hall and at the offices of the water department of hazardous chemicals which …

Section 26G. In any city, town or district which accepts the provisions of this section notwithstanding the provisions of section seventeen of chapter two hundred and sixty-eight A, a septic system installer who is appointed or elected to the board of health may engage or work at…