AN ACT MAKING CORRECTIVE CHANGES IN CERTAIN GENERAL AND SPECIAL LAWS.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to make corrective changes in certain general and special laws, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. The General Laws are hereby amended by striking out all captions preceding sections.
SECTION 2. Chapter 2 of the General Laws is hereby amended by striking out section 55, inserted by chapter 364 of the acts of 2006, and inserting in place thereof the following section:-
Section 56. Benjamin Franklin shall be the official inventor of the commonwealth.
SECTION 3. Chapter 3 of the General Laws is hereby amended by striking out section 67, added by section 2 of chapter 258 of the acts of 2006, and inserting in place thereof the following section:-
Section 68. (a) There shall be a permanent commission on the status of citizens of Asian descent consisting of 18 persons as follows: 3 persons appointed by the governor; 3 persons appointed by the speaker of the house of representatives; 3 persons appointed by the president of the senate; 3 persons appointed by the state treasurer; 3 persons appointed by the state secretary; and 3 persons appointed by the attorney general. Members of the commission shall be drawn from citizens of the commonwealth who have demonstrated a commitment to the Asian-American community. Members shall be subject to chapter 268A as they apply to special state employees.
(b) Members shall serve for terms of 3 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. All appointments shall be made in consultation with Asian-American organizations. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process using a uniform application that is widely distributed throughout the state.
(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(d) The commission shall be a resource to the commonwealth on issues affecting Asian-American communities. In furtherance of that responsibility, the commission shall:
(1) promote research and be a clearinghouse and source of information on issues pertaining to Asian Americans in the commonwealth;
(2) inform the public and leaders of business, education, human services, health care, state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting Asian Americans in the commonwealth;
(3) foster unity among Asian-American communities and organizations in the commonwealth by promoting cooperation and sharing of information and encouraging collaboration and joint activities;
(4) serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to Asian Americans in the commonwealth;
(5) identify opportunities to expand and improve commercial and cultural ties with Asian nations;
(6) identify and recommend qualified Asian Americans for appointive positions at all levels of government, including boards and commissions, as the commission considers necessary and appropriate;
(7) assess programs and practices in all state agencies as they affect Asian Americans, as the commission considers necessary and appropriate;
(8) advise executive and legislative bodies on the potential effect on Asian Americans of proposed legislation, as the commission considers necessary and appropriate; and
(9) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of Asian Americans in the commonwealth.
(e) The commission shall annually, on or before June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and house of representatives.
(f) The powers of the commission shall include, but not be limited, to:
(1) to use the voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed, including provision of meeting places and refreshments;
(2) to hold regular, public meetings and to hold fact-finding hearings and other public forums as it considers necessary;
(3) to direct a staff to perform its duties;
(4) to establish and maintain offices that it considers necessary, subject to appropriation;
(5) to enact by-laws for its own governance that are not inconsistent with any general or special law; and
(6) to recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (d).
(g) The commission may request from all state agencies whatever information and assistance the commission requires.
(h) The commission may accept and solicit funds, including any gifts, donations, grants, or bequests, or any federal funds for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law.
(i) The commission staff shall consist of an executive director, employees, and volunteers who assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years.
SECTION 4. Section 11 of chapter 5 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 40, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 5. Section 15LLLL of chapter 6 of the General Laws, inserted by chapter 459 of the acts of 2002, is hereby repealed.
SECTION 6. Section 15VVVV of said chapter 6, inserted by chapter 43 of the acts of 2004, is hereby repealed.
SECTION 7. Section 15EEEEE of said chapter 6, inserted by chapter 26 of the acts of 2008 is hereby repealed.
SECTION 8. Said chapter 6 is hereby further amended by inserting after section 15GGGGG the following 4 sections:-
Section 15HHHHH. The governor shall annually issue a proclamation setting apart November 15 as Philanthropy Day and recommending that those public and private organizations and individuals strongly influencing and promoting philanthropic activities within the commonwealth be recognized and that the day be observed in an appropriate manner by the people.
Section 15IIIII. The governor shall annually issue a proclamation setting apart March 12 as Jack Kerouac Day, in recognition of Jack Kerouac's contributions to American literature and the genre of spontaneous prose, for his contributions to his Franco-American heritage and for his love of his hometown of Lowell, and recommending that the day be observed in an appropriate manner by the people.
Section 15JJJJJ. The governor shall annually issue a proclamation setting apart the month of November as Lung Cancer Awareness Month to increase public awareness of lung cancer as the leading cause of cancer death in the United States, leading to better education about the disease and thus earlier diagnoses, resulting in a higher chance of long-term survival and recommending that it be observed in an appropriate manner by the people.
Section 15KKKKK. The governor shall annually issue a proclamation setting apart the second Monday in June as Massachusetts Nonprofit Awareness Day, in recognition of the outstanding contributions of the Massachusetts nonprofit sector to the general welfare of the citizens of the commonwealth and recommending that the day be observed in an appropriate manner by the people.
SECTION 9. Section 81 of said chapter 6, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 10. Section 181 of said chapter 6 is hereby amended by striking out, in line 6, as so appearing, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 11. Section 215 of said chapter 6, as appearing in section 13 of chapter 176 of the acts of 2008, is hereby amended by striking out the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 12. Section 16 of chapter 6A of the General Laws is hereby amended by striking out, in line 30, as appearing in the 2006 Official Edition, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 13. The last paragraph of section 16 of said chapter 6A, added by section 14 of chapter 176 of the acts of 2008, is hereby amended by striking out the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 14. Section 16F of said chapter 6A, as so appearing, is hereby amended by striking out, in line 7, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 15. Subsection (b) of section 16Q of said chapter 6A, inserted by section 1 of chapter 321 of the acts of 2008, is hereby amended by striking out the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 16. Section 16S of said chapter 6A, inserted by chapter 321 of the acts of 2008, is hereby amended by striking out the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 17. Section 18 1/2 of said chapter 6A, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “the”, in line 9, the following word:- statewide.
SECTION 18. Said section 18 1/2 of said chapter 6A, as so appearing, is hereby further amended by inserting after the word “the”, in line 22, the first time it appears, the following word:- Massachusetts.
SECTION 19. Section 3B of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the word “administration”, in line 11, the following words:- and finance.
SECTION 20. Section 17 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 7, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 21. Chapter 13 of the General Laws is hereby amended by striking out sections 98 to 100, inclusive, added by section 2 of chapter 170 of the acts of 2006.
SECTION 22. Said chapter 13 is hereby further amended by adding the following 3 sections:-
Section 103. (a) There shall be a board of registration of genetic counselors, called the board in sections 103 to 105, inclusive, which shall consist of 5 members to be appointed by the governor, 4 of whom shall be genetic counselors licensed under this section, and 1 member of the general public. Members of the board shall be residents of the commonwealth.
(b) Each member of the board shall serve for a term of 3 years and until the governor appoints a successor. No member shall be appointed to more than 2 consecutive full terms. A member appointed for less than a full term may serve 2 full terms in addition to such part of a full term. A former member shall be eligible for appointment after a lapse of 1 year.
(c) A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against him and an opportunity to be heard. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill the vacancy for the remainder of that member's year.
Section 104. The board shall, at its first meeting and annually thereafter, organize by electing from its membership a chairman, a vice-chairman and a secretary. Those officers shall serve until their successors are elected and qualified.
The board shall meet at least 2 times annually and may hold additional meetings at the call of the chairman or at such times as may be determined by the board. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
Section 105. The board shall have the following powers and duties:
(a) to promulgate regulations and adopt such rules as are necessary to regulate genetic counselors;
(b) to recommend policy and budgetary matters to the division of professional licensure;
(c) to receive, review, approve or disapprove applications for licensing, renewal and reinstatement and to issue those licenses;
(d) to establish administrative procedures for processing applications for licenses and license renewals and to hire or appoint such agents as are appropriate for processing applications for licenses and license renewals;
(e) to retain records of its actions and proceedings in accordance with public records laws;
(f) to establish specifications for the licensing examination, which may be or may include the complete certification examination given by the American Board of Genetic Counseling or the American Board of Medical Genetics, or its successor, and to provide or procure appropriate examination questions and answers and to establish examination procedures;
(g) to define by regulation the appropriate standards for education and experience necessary to qualify for licensing, including, but not limited to, continuing professional education requirements for licensed genetic counselors and provisional licensed genetic counselors, which shall be no less stringent than those of the American Board of Genetic Counseling, or its successor, and for the conduct and ethics which shall govern the practice of genetic counseling;
(h) to establish standards of supervision for students or persons in training to become qualified to obtain a license in the occupation or profession it represents;
(i) to fine, censure, revoke, suspend or deny a license, place on probation, reprimand or otherwise discipline licensees for violations of the code of ethics or the rules of the board in accordance with section 242 of chapter 112, but the board shall not have the power of subpoena.
(j) to summarily suspend the license of a licensee who poses an imminent danger to the public but a hearing shall be afforded to the licensee within 7 days of an action by the board to determine whether such summary action is warranted; and
(k) to perform such other functions and duties as may be required to carry out this section.
SECTION 23. Section 1G of chapter 15 of the General Laws, as so appearing, is hereby amended by striking out, in lines 41 and 42, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 24. Section 2A of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 12, and in lines 25 and 39, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 25. Section 4 of chapter 18C of the General Laws, inserted by section 46 of chapter 176 of the acts of 2008, is hereby amended by striking out the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 26. Section 21 of chapter 19 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 3, 5 and 6, 21 and 22, and in line 23, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 27. Said section 21 of said chapter 19, as so appearing, is hereby amended by striking out, in line 28, the words “mental retardation’s” and inserting in place thereof, the following words:- developmental services’.
SECTION 28. Chapter 19B of the General Laws is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:-
DEPARTMENT OF DEVELOPMENTAL SERVICES.
SECTION 29. Section 3 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 30. Section 18 of said chapter 19B, as so appearing, is hereby amended by striking out, in lines 5 and 6, line 20, and in lines 23 and 24, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 31. Said section 18 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 28, the words “mental retardation’s” and inserting in place thereof the following words:- developmental services’.
SECTION 32. Section 3 of chapter 19D of the General Laws, as so appearing, is hereby amended by striking out, in line 19, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 33. Section 1 of chapter 21 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 1, the words “environmental management” and inserting in place thereof the following words:- conservation and recreation.
SECTION 34. Chapter 23H of the General Laws is hereby amended by striking out section 8, inserted by section 53 of chapter 149 of the acts of 2004, and inserting in place thereof the following section:-
Section 8A. The director of workforce development shall administer and enforce the unemployment insurance system and the Medical Security Trust Fund established in section 14G of chapter 151A. The director, with the approval of the secretary, may assign personnel, responsibilities and duties under federal law to any office or division within the department in order to maximize efficiency of resources and delivery of services.
SECTION 35. Section 59 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out, in lines 2, 4 and 26, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 36. Section 10 of chapter 28A of the General Laws, as so appearing, is hereby amended by striking out, in lines 30 and 31, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 37. Section 2RRR of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “Mental Retardation” and inserting in place thereof the following words:- Developmental Services.
SECTION 38. Said section 2RRR of said chapter 29, as so appearing, is hereby amended by striking out, in lines 7 and 14, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 39. Section 9B of chapter 30 of the General Laws, is hereby amended by striking out, in lines 2 and 19, as so appearing, the words “mental
retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 40. Section 9C of said chapter 30, as so appearing, is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 41. Section 9D of said chapter 30, as so appearing, is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 42. Section 24A of said chapter 30, as so appearing, is hereby amended by striking out, in line 19, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 43. Section 91 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in line 46, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 44. Section 2A of chapter 38 of the General Laws, as appearing in section 54 of chapter 176 of the acts of 2008, is hereby amended by striking out the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 45. Section 5 of chapter 40A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 32, the words “cities and towns” and inserting in place thereof the following words:- city and town.
SECTION 46. Section 2 of chapter 40H of the General Laws, as so appearing, is hereby amended by striking out the definition of “Corporation” and inserting in place thereof the following definition:-
“CEDAC” or “Corporation”, the Community Economic Development Assistance Corporation.
SECTION 47. Section 13 of chapter 58 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
NO SECTION 48.
NO SECTION 49.
SECTION 50. Section 37H of chapter 71 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 16, the word “other” and inserting in place thereof the following word:- a.
SECTION 51. Chapter 71A of the General Laws is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:-
ENGLISH LANGUAGE EDUCATION IN PUBLIC SCHOOLS.
SECTION 52. Section 1 of chapter 71B of the General Laws, as so appearing, is hereby amended by striking out, in line 54, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 53. Section 2 of said chapter 71B, as so appearing, is hereby amended by striking out, in lines 2 and 63, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 54. Section 3 of said chapter 71B is hereby amended by striking out, in lines 3, 61, 114 and 115, as so appearing, the words “mental retardation”
and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 55. Section 9 of said chapter 71B, as so appearing, is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 56. Section 10 of said chapter 71B, as so appearing, is hereby amended by striking out, in lines 7, 37, 44 and 66, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 57. Section 12 of said chapter 71B, as so appearing, is hereby amended by striking out, in lines 3 and 27, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 58. Section 12B of said chapter 71B is hereby amended by striking out, in line 12, as amended by section 69 of chapter 176 of the acts of 2008, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 59. Section 2F of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “nurses”, in line 64, the following words:- ; the rider education program to promote driver and motorcycle safety.
SECTION 60. Section 1 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out, in lines 65 and 66, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 61. Section 10A of chapter 91 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
A reasonable fee for such mooring permit, proportionate to the city or town's cost of overseeing mooring permits, may be imposed by the city or town or whoever is so authorized by the city or town, but no mooring fee shall discriminate on the basis of residence. Any mooring fee collected shall be deposited into and used in accordance with the purposes of a municipal waterways improvement and maintenance fund established pursuant to section 5G of chapter 40.
SECTION 62. Subclause (vi) of clause (3) of subsection (a) of section 9 of chapter 110H of the General Laws, as appearing in section 2 of chapter 195 of the acts of 2006, is hereby amended by striking out the words “Patent Trademark” and inserting in place thereof the following words:- Patent and Trademark.
SECTION 63. Section 25J of said chapter 111, inserted by chapter 126 of the acts of 2008, is hereby repealed.
SECTION 64. Said chapter 111 is hereby further amended by inserting after section 25N the follow section:-
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 victims of violence including, but not limited to, intimate partners. The guidelines shall assure that the programs shall be designed to coordinate services with existing state, community-based and clinical resources to the maximum extent possible. The guidelines shall be developed in consultation with an advisory group to be appointed by the commissioner, composed of experts in the field of violence prevention, representatives from various health care provider associations and survivors of violence.
(b) The department shall establish a program to disseminate the guidelines and train health care providers and others as the department deems appropriate regarding the establishment of programs under the guidelines.
SECTION 65. Said chapter 111 is hereby further amended by striking out section 51H, inserted by section 9 of chapter 305 of the acts of 2008, and inserting in place thereof the following section:-
Section 51H. (a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:
“Facility”, a hospital, institution for the care of unwed mothers or clinic providing ambulatory surgery as defined in section 25 B.
“Healthcare-associated infection”, a localized or systemic condition that results from an adverse reaction to the presence of an infectious agent or its toxins that: (i) occurs in a patient in a facility, (ii) was not present or incubating at the time of the admission during which the reaction occurs, and (iii) if occurring in a hospital, meets the criteria for a specific infection site as defined by the federal Centers for Disease Control and Prevention and its national health care safety network.
“Serious adverse drug event”, any preventable event that causes inappropriate medication use in a hospital or ambulatory surgical center that leads to harm to a patient, as further defined in regulations of the department.
“Serious reportable event”, an event that results in a serious adverse patient outcome that is clearly identifiable and measurable, reasonably preventable, and that meets any other criteria established by regulations of the department.
(b) A facility shall report data and information about healthcare-associated infections, serious reportable events and serious adverse drug events. A serious reportable event shall be reported by a facility not later than 15 working days after its discovery. Reports shall be made in the manner and form established by regulations of the department. The department may require facilities to register in and report to nationally-recognized quality and safety organizations.
(c) The department, through interagency service agreements, shall transmit data collected under this section to the Betsy Lehman center for patient safety and medical error reduction and to the health care quality and cost council for publication on its consumer health information website. Any facility failing to comply with this section may: (i) be fined up to $1,000 per day per violation; (ii) have its license revoked or suspended by the department; or (iii) be fined up to $1,000 per day per violation and have its license suspended or revoked by the department.
(d) The department shall promulgate regulations prohibiting a health care facility from charging or seeking reimbursement for services provided as a result of the occurrence of a serious reportable event. A health care facility shall not charge or seek reimbursement for a serious reportable event that the facility has determined, through a documented review process, and under regulations promulgated by the department, was (i) preventable; (ii) within its control; and (iii) unambiguously the result of a system failure based on the health care provider’s policies and procedures.
SECTION 66. Section 67E of said chapter 111, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 39, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 67. Section 70E of said chapter 111, as so appearing, is hereby amended by striking out, in lines 9 and 10, and in lines 190 and 191, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 68. Section 71 of said chapter 111, as so appearing, is hereby amended by striking out, in line 180, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 69. Section 3 of chapter 111G of the General Laws is hereby amended by striking out, in line 4, the words “mental retardation”, as so appearing, and inserting in place thereof the following words:- developmental services.
SECTION 70. Section 5 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 220, the figure “11A” and inserting in place thereof the following figure:- 11.
SECTION 71. Said chapter 112 is hereby further amended by striking out section 39E, added by section 17 of chapter 305 of the acts of 2008, and inserting in place thereof the following section:-
Section 39D. Stores or pharmacies engaged in the drug business, as defined in section 37, shall inform the department of public health of any improper dispensing of prescription drugs that results in serious injury or death, as defined by the department in regulations, as soon as is reasonably and practically possible, but not later than 15 working days after discovery of the improper dispensing. The department of public health shall promulgate regulations for the administration and enforcement of this section.
SECTION 72. Sections 227 to 233, inclusive, of said chapter 112, added by section 3 of chapter 170 of the acts of 2006, is hereby repealed.
SECTION 73. Said chapter 112 is hereby further amended by inserting after section 251 the following 7 sections:-
Section 252. As used in sections 252 to 258, inclusive, the following words, shall unless the context requires otherwise, have the following meanings:-
“ABGC”, the American Board of Genetic Counseling, a national agency for certification and recertification of genetic counselors or its successor agency.
“ABMG”, American Board of Medical Genetics, a national agency for certification and recertification of genetic counselors, MD geneticists and PhD geneticists or its successor agency.
“Board”, the board of registration of genetic counselors.
“General supervision”, a supervisor, whether a licensed genetic counselor or MD, who has the overall responsibility to assess the work of the supervisee, whether a provisional or fully-licensed genetic counselor, including regular meetings and chart review; provided, however, that an annual supervision contract signed by the supervisor and supervisee shall be on file with both parties.
“Licensed genetic counselor”, a person licensed under section 105 of chapter 13 to engage in the practice of genetic counseling.
“Practice of genetic counseling”, a communication process, conducted by 1 or more appropriately trained individuals, that may include:
(a) estimating the likelihood of occurrence or recurrence of a birth defect or of any potentially inherited or genetically influenced condition. This assessment may involve:
(1) obtaining and analyzing a complete health history of the person and family;
(2) reviewing pertinent medical records;
(3) evaluating the risks from exposure to possible mutagens or teratogens; and
(4) recommending genetic testing or other evaluations to diagnose a condition or determine the carrier status of 1 or more family members;
(b) helping the individual, family, health care provider or public to:
(1) appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and management options;
(2) learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members;
(3) understand available options for coping with, preventing or reducing the chance of occurrence or recurrence of a condition;
(4) select the most appropriate, accurate and cost-effective methods of diagnosis; and
(5) understand genetic or prenatal tests, coordinate testing for inherited disorders, and interpret complex genetic test results; and
(c) facilitating an individual’s or family’s:
(1) exploration of the perception of risk and burden associated with the disorder;
(2) decision-making regarding testing or medical interventions consistent with their beliefs, goals, needs, resources, culture and ethical or moral views; and
(3) adjustment and adaptation to the condition or their genetic risk by addressing needs for psychological, social and medical support.
“Provisional licensed genetic counselor”, a person with a provisional license issued under section 239.
Section 253. An application for original license, license renewal or for the licensing examination shall be made on forms approved by the board and accompanied by the appropriate fee. The fee for original licenses and renewals shall be determined by the secretary of administration and finance. An applicant for original license shall be sworn and shall furnish satisfactory proof that he is at least 18 years old, of good moral character and has met the educational and professional experience requirements prerequisite to sitting for the licensing examination.
Section 254. An applicant for registration as a genetic counselor shall have:
(a) successfully completed a genetic counseling education program approved by the board; provided, however, that the program shall meet the educational standards established by the ABGC or its successor; and provided further that the board shall require continuing education as a condition for license renewals;
(b) earned a masters degree from a genetic counseling training program that is accredited by the ABGC or an equivalent as determined by the ABGC, or a doctoral degree from a medical genetics training program that is accredited by the ABMG or an equivalent as determined by the ABMG;
(c) completed such experience as may be required by the board.
Section 255. A person who meets the qualifications to be admitted to the examination for licensure as a genetic counselor may, between the date of filing an application for licensure and the announcement of the results of the next succeeding examination, practice as a provisional licensed genetic counselor upon filing an approved application with the board and payment of a fee to be determined by the secretary of administration and finance. The board may grant a provisional license to a person who successfully completes a genetic counseling education program approved by the board and is qualified to be admitted to the examination. Such license shall be valid for 2 years from the date of its issue and may be renewed for an additional 2 years if an applicant fails the first sitting of the ABGC or ABMG certification exam. Such provisional license shall expire automatically upon the earliest of the following:
(a) issuance of a full license;
(b) 30 days after the applicant fails to pass the complete examination; or
(c) the date printed on the temporary license.
An application for extension shall be signed by a supervising licensed genetic counselor. A provisional licensed genetic counselor shall be under the general supervision of a licensed genetic counselor or a licensed physician with current ABMG certification in clinical genetics at all times during which the provisional licensed genetic counselor performs clinical genetic counseling. The board shall adopt rules governing such supervision and direction which may not require the immediate physical presence of the supervising licensed genetic counselor.
Section 256. (a) The board shall examine applicants for certification as genetic counselors at such times and places as it may determine. The examination shall meet the standards established by the ABGC. The examination shall test an applicant's knowledge of basic and clinical sciences as they relate to genetic counseling theory and practice and other subjects as the board may deem useful to determine the applicant's fitness to act as a genetic counselor. The board may utilize a national examination that meets the requirements of this section.
(b) The board shall examine applicants for certification as Ph.D. medical geneticists at such times and places as it may determine. The examination shall meet the standards established by the ABMG. The examination shall test an applicant's knowledge of basic and clinical sciences as they relate to genetic counseling theory and practice and other subjects as the board may deem useful to determine the applicant's fitness to act as a genetic counselor. The board may utilize a national examination that meets the requirements of this section.
Section 257. No person shall hold himself out as a genetic counselor unless he is licensed in accordance with section 239 or under section 105 of chapter 13. No person who is not so licensed may use in connection with his name or place of business, the title “genetic counselor”, “licensed genetic counselor”, “gene counselor”, “genetic consultant”, “genetic associate” or any words, letters, abbreviations or insignia indicating or implying a person holds a genetic counseling license. Nothing in this section shall be construed to prevent or restrict the practice, service or activities of:
(a) any person licensed, certified, or registered in the commonwealth, by any other statute other than as a genetic counselor from engaging in activities within the scope of practice of the profession or occupation for which he is licensed provided that he does not represent to the public, directly or indirectly, that he is licensed under section 239 or under section 105 of chapter 13, and that he does not use any name, title or designation indicating that the person is licensed under those sections;
(b) any person employed as a genetic counselor by the federal government or an agency thereof if such person provides genetic counseling services solely under the direction and control of the organization by which he is employed;
(c) a student or intern enrolled in an approved genetic counseling education program if genetic counseling services performed by the student are an integral part of the student's course of study and are performed under the direct supervision of a licensed genetic counselor assigned to supervise the student and who is on duty and available in the assigned patient care area and if the person is designated by a title which clearly indicates his status as a student or intern;
(d) an individual trained as a genetic counselor, who is reapplying for the ABGC certification examination and gathering logbook cases under general supervision in an approved genetic counseling training site;
(e) an individual trained as a Ph.D. medical geneticist who is reapplying for the ABMG certification examination and is gathering logbook cases under a supervisor identified in the training program’s ABMG accreditation documents as a member of the training faculty; and
(f) visiting ABGC or ABMG-certified genetic counselors from outside the commonwealth operating as consultants or the use of occasional services of organizations from outside the commonwealth employing ABGC or ABMG-certified genetic counselors.
Section 258. The board may deny or refuse to renew a license or, after a hearing pursuant to section 105 of chapter 13, revoke, suspend or cancel the license or place on probation, reprimand, censure or otherwise discipline a licensee upon proof satisfactory to a majority of the board that the person has:
(a) obtained or attempted to obtain a license by fraud or deception;
(b) been convicted of a felony under state or federal law or committed any other offense involving moral turpitude;
(c) been adjudged mentally ill or incompetent by a court of competent jurisdiction;
(d) used illicit drugs or intoxicating liquors to the extent which adversely affects his practice;
(e) engaged in unethical or unprofessional conduct including, but not limited to, willful acts, negligence or incompetence in the course of professional practice;
(f) violated any lawful order, rule or regulation rendered or adopted by the board; or
(g) been refused issuance or been disciplined in connection with a license issued by any other state or country.
SECTION 74. Section 19 of chapter 118E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 16, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 75. Section 55 of said chapter 118E, inserted by section 18 of chapter 305 of the acts of 2008, is hereby repealed.
SECTION 76. Said chapter 118E is hereby further amended by adding the following section:-
Section 62. (a) Subject to subsection (c), for the purposes of processing claims for health care services submitted by a health care provider and to provide uniformity and consistency in the reporting of patient diagnostic information, patient care service and procedure information as it relates to the submission and processing of health care claims, the executive office of health and human services and its subcontractors shall, without local customization, accept and recognize patient diagnostic information and patient care service and procedure information submitted pursuant to, and consistent with, the current Health Insurance Portability and Accountability Act compliant code sets as adopted by the Centers for Medicare and Medicaid Services; the International Classification of Diseases; the American Medical Association's Current Procedural Terminology codes, reporting guidelines and conventions; and the Centers for Medicare and Medicaid Services Healthcare Common Procedure Coding System. The executive office and its subcontractors shall adopt the aforementioned coding standards and guidelines, and all changes thereto, in their entirety, which shall be effective on the same date as the national implementation date established by the entity implementing the coding standards.
(b) Subject to subsection (c), the executive office and its subcontractors shall, without local customization, use the standardized claim formats for processing health care claims as adopted by the National Uniform Claim Committee and the National Uniform Billing Committee and implemented pursuant to the federal Health Insurance Portability and Accountability Act. The executive office and its subcontractors shall, without local customization, adopt and routinely process all changes to such formats which shall be effective on the same date as the implementation date established by the entity implementing the formats.
(c) Except for the requirements for consistency and uniformity in coding patient diagnostic information and patient care service and procedure information, this section shall not modify or supersede the executive office's or its subcontractor's payment policy or utilization review policy. Nothing in this section shall preclude the executive office or a subcontractor thereof from adjudicating a claim pursuant to its billing guidelines, payment policies or provider contracts.
(d) The executive office and its subcontractors shall accept and recognize at least 85 per cent of all claims submitted by health care providers pursuant to this section.
NO SECTION 77.
SECTION 78. Said section 62 of said chapter 118E is hereby further amended by striking out subsection (d), as appearing in section 76, and inserting in place thereof the following subsection:-
(d) The executive office and its subcontractors shall accept and recognize all claims submitted by health care providers pursuant to this section.
SECTION 79. Section 27 of chapter 118G of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 59, and in lines 62 and 63, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 80. Section 29 of said chapter 118G, added by chapter 174 of the acts of 2006, is hereby repealed.
SECTION 81. Said chapter 118G is hereby further amended by adding the following section:-
Section 41. (a) For the purposes of this section, the following words shall have the following meanings:-
“Anatomic pathology service”, histopathology, surgical pathology, cytopathology, hematology, subcellular pathology, molecular pathology and blood-banking services performed by a pathologist.
“Cytopathology”, the examination of cells from the following:
(i) fluids;
(ii) aspirates;
(iii) washings;
(iv) brushings; or
(v) smears, including the pap test examination performed by a physician or under the supervision of a physician.
“Hematology”, the microscopic evaluation of bone marrow aspirates and biopsies performed by a physician or under the supervision of a physician, and peripheral blood smears when the attending or treating physician or technologist requests that a blood smear be reviewed by a pathologist.
“Histopathology” or “surgical pathology”, the gross and microscopic examination of organ tissue performed by a physician or under the supervision of a physician.
(b) A clinical laboratory or physician providing anatomic pathology services for patients shall present or cause to be presented a claim, bill or demand for payment for these services only to the following:
(i) the patient directly;
(ii) the responsible insurer or other third-party payer;
(iii) the hospital, public health clinic or nonprofit health clinic ordering such services;
(iv) the referral laboratory or a physician’s office laboratory when the physician of such laboratory performs the anatomic pathology service; or
(v) the governmental agency or its specified public or private agent, agency or organization on behalf of the recipient of the services.
(c) Except as provided in this section, no licensed practitioner shall, directly or indirectly, charge, bill or otherwise solicit payment for anatomic pathology services unless the services were rendered personally by the licensed practitioner or under the licensed practitioner’s direct supervision under section 353 of the Public Health Service Act, 42 U.S.C. 263a.
(d) No patient, insurer, third party payer, hospital, public health clinic or non-profit health clinic shall be required to reimburse any licensed practitioner for charges or claims submitted in violation of this section.
(e) Nothing in this section shall be construed to mandate the assignment of benefits for anatomic pathology services.
(f) Nothing in this section shall prohibit billing between laboratories for anatomic pathology services in instances where a sample must be sent to another specialist. Nothing in this section shall authorize a physician’s office laboratory to bill for anatomic pathology services when the physician of such laboratory has not performed the anatomic pathology service.
(g) The board of registration in medicine may revoke, suspend or deny renewal of the license of a practitioner who violates this section.
SECTION 82. Paragraph (3) of subsection (a) of section 23 of chapter 119 of the General Laws, as appearing in section 83 of chapter 176 of the acts of 2008, is hereby amended by striking out the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 83. Subsection (l) of section 51B of said chapter 119, as appearing in section 98 of said chapter 176, is hereby amended by striking out, in line 138, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 84. Section 1 of chapter 123A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “authority”, in line 76, the following word:- ; and.
SECTION 85. Section 1 of chapter 123B of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 86. Section 8 of said chapter 123B, as so appearing, is hereby amended by striking out, in line 49, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 87. Section 49B of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 88. Section 2B of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the word “Fish”, each time it appears, and inserting in place thereof the following word:- Fisheries.
SECTION 89. Section 4 of said chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 182, the figure “2” and inserting in place thereof the following figure:- 2C.
SECTION 90. Section 187 of said chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 91. Section 28 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 and 26, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 92. Section 1.22 of chapter 156D of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “Act” and inserting in place thereof the following word:- chapter.
SECTION 93. Section 1.40 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 1, the word “ACT” and inserting in place thereof the following word:- CHAPTER.
SECTION 94. Said section 1.40 of said chapter 156D, as so appearing, is hereby further amended by striking out, in lines 4 and 8, each time it appears, the word “means”.
SECTION 95. Said section 1.40 of said chapter 156D, as so appearing, is hereby further amended by striking out, in lines 52 and 53, the words “includes authority, county, district, and municipality” and inserting in place thereof the following words:- an authority, county, district or municipality.
SECTION 96. Said section 1.40 of said chapter 156D, as so appearing, is hereby further amended by striking out, in line 100, the word “apply” and inserting in place thereof the following word:- applies.
SECTION 97. Section 1.50 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 1, the word “ACT” and inserting in place thereof the following word:- CHAPTER.
SECTION 98. Section 4.01 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 7, the words “section 301” and inserting in place thereof the following words:- section 3.01.
SECTION 99. Said section 4.01 of said chapter 156D, as so appearing, is hereby further amended by striking out, in line 15, the word “fictious” and inserting in place thereof the following word:- fictitious.
SECTION 100. Section 5.02 of said chapter 156D, as so appearing, is hereby amended by striking out, in lines 20 to 23, inclusive, the words “(either manually or in facsimile) and delivering to the secretary of state for filing a statement of change that complies with the requirements of subsection (a) and recites that corporation” and inserting in place thereof the following words:- , either manually or in facsimile, and delivering to the state secretary for filing a statement of change that complies with the requirements of subsection (a) and recites that the corporation.
SECTION 101. Subsection (b) of section 6.23 of said chapter 156D, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Shares of 1 class or series shall not be issued as a share dividend in respect of shares of another class or series unless: (1) authorized by the articles of organization; (2) the holders of a majority of the outstanding shares of the class or series to be issued approve the issue; or (3) there are no outstanding shares of the class or series to be issued.
SECTION 102. Said section 6.23 of said chapter 156D, as so appearing, is hereby further amended by striking out, in lines 16 to 18, inclusive, the words “distribution which is prior, superior or substantially equal unless (1) the articles of organization so authorize, or” and inserting in place thereof the following words:- a distribution which is prior, superior or substantially equal unless: (1) authorized by the articles of organization; or.
SECTION 103. Section 6.27 of said chapter 156D, as so appearing, is hereby amended by striking out, in lines 14 to 17, inclusive, the words “transfer of the holder if the restriction is authorized by this section and its existence is noted conspicuously on the front or back of the certificate or is contained in the formation” and inserting in place thereof the following words:- transferee of the holder if the restriction is authorized by this section and its existence is noted conspicuously on the front or back of the certificate or is contained in the information.
SECTION 104. Said section 6.27 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 26, the word “to” and inserting in place thereof the following words:- of.
SECTION 105. Section 6.30 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 6, the words “'share' includes” and inserting in place thereof the following words:- “shares” include.
SECTION 106. Section 6.40 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 16, the word “or” and inserting in place thereof the following word:- of.
SECTION 107. Said section 6.40 of said chapter 156D, as so appearing, is hereby further amended by striking out, in line 47, the word “than” and inserting in place thereof the following word:- then.
SECTION 108. Section 6.41 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 44, the word “two-year” and inserting in place thereof the following word:- 3-year.
SECTION 109. Section 7.04 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 28, the word “Act” and inserting in place thereof the following word:- chapter.
SECTION 110. Section 7.24 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 25, the word “demutualization” and inserting in place thereof the following word:- cotenants.
SECTION 111. Section 7.25 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 5, the word “Act” and inserting in place thereof the following word:- chapter.
SECTION 112. Section 7.40 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 1, the word “SUBCHAPTER” and inserting in place thereof the following word:- SUBDIVISION.
SECTION 113. Section 7.47 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 3, the word “subchapter” and inserting in place thereof the following word:- subdivision.
SECTION 114. Section 8.50 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 1, the word “SUBCHAPTER” and inserting in place thereof the following word:- SUBDIVISION.
SECTION 115. Section 8.55 of said chapter 156D, as so appearing, is hereby amended by inserting after the word “by”, in line 12, the following words:- such a.
SECTION 116. Section 8.56 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 3, the word “subchapter” and inserting in place thereof the following word:- subdivision.
SECTION 117. Section 8.58 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 2, the word “SUBCHAPTER” and inserting in place thereof the following word:- SUBDIVISION.
SECTION 118. Said section 8.58 of said chapter 156D, as so appearing, is hereby further amended by striking out, in line 24, the figure “11.06” and inserting in place thereof the following figure:- 11.07.
SECTION 119. Said section 8.58 of said chapter 156D, as so appearing, is hereby further amended by striking out, in line 27, the word “subchapter” and inserting in place thereof the following word:- subdivision.
SECTION 120. Section 8.59 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 1, the word “SUBCHAPTER” and inserting in place thereof the following word:- SUBDIVISION.
SECTION 121. Section 9.21 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 27, the word “Act” and inserting in place thereof the following word:- chapter.
SECTION 122. Section 9.22 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 33, the word “chapter” and inserting in place thereof the following word:- Part.
SECTION 123. Section 9.30 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 10, the word “subchapter” and inserting in place thereof the following word:- subdivision.
SECTION 124. Section 9.32 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 16, the word “Act” and inserting in place thereof the following word:- chapter.
SECTION 125. Section 9.40 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 7, the word “subchapter” and inserting in place thereof the following word:- subdivision.
SECTION 126. Paragraph (6) of section 9.52 of said chapter 156D, as so appearing, is hereby amended by striking out clauses (1) and (2) and inserting in place thereof the following 2 clauses:-
(i) would have a right to vote as a separate voting group on a provision in the plan that, if contained in a proposed amendment to the articles of organization, would require action by separate voting groups under section 10.04; or
(ii) is entitled under the articles of organization to vote as a voting group to approve a plan of merger.
SECTION 127. Section 9.55 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 2, the word “subchapter” and inserting in place thereof the following word:- subdivision.
SECTION 128. Section 10.22 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 5, the word “Act” and inserting in place thereof the following word:- chapter.
SECTION 129. Section 11.03 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 24, the word “chapter”, each time it appears, and inserting in place thereof the following word:- Part.
SECTION 130. Said section 11.03 of said chapter 156D, as so appearing, is hereby further amended by striking out, in line 25, the word “PART”, each time it appears, and inserting in place thereof the following word:- Part.
SECTION 131. Section 11.04 of said chapter 156D, as so appearing, is hereby amended by striking out, in line 35, the words “the Act” and inserting in place thereof the following words:- this chapter.
SECTION 132. Section 13.20 of said chapter 156D, as so appearing, is hereby amended by striking out, in lines 6 and 7, and in line 11, the word “chapter”, each time it appears, and inserting in place thereof the following word:- Part.
SECTION 133. Section 14.20 of said chapter 156D, as so appearing, is hereby amended by inserting after the word “under”, in line 7, the following words:- chapter 62C or chapter 63.
SECTION 134. Section 15.01 of said chapter 156D, as so appearing, is hereby amended by inserting after the word “with”, in line 29, the following word:- the.
SECTION 135. Section 24E of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the words “and/or” and inserting in place thereof the following word:- and.
SECTION 136. Section 8Z of chapter 176A of the General Laws, inserted by section 9 of chapter 172 of the acts of 2006, is hereby repealed.
SECTION 137. Said chapter 176A is hereby further amended by inserting after section 8BB the following section:-
Section 8CC. No contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth shall restrict or discontinue coverage for medically necessary hypodermic syringes or needles to an individual or group subscribers within the commonwealth and to a group subscriber having a principal place of employment within the commonwealth, notwithstanding section 27 of chapter 94C. The term “medical necessity” shall be construed in accordance with the guidelines set forth in subsection (b) of section 16 of chapter 176O.
SECTION 138. Section 4Z of chapter 176B of the General Laws, inserted by section 10 of said chapter 172, is hereby repealed.
SECTION 139. Said chapter 176B is hereby further amended by inserting after section 4BB the following section:-
Section 4CC. No subscription certificate under an individual or group medical service agreement, delivered, issued or renewed in the commonwealth shall restrict or discontinue coverage for medically necessary hypodermic syringes or needles to an individual or group subscriber within the commonwealth or to a group subscriber having a principal place of employment within the commonwealth, notwithstanding section 27 of chapter 94C. The term “medical necessity” shall be construed in accordance with the guidelines set forth in subsection (b) of section 16 of chapter 176O.
SECTION 140. Section 4R of chapter 176G of the General Laws, inserted by section 10 of said chapter 172, is hereby repealed.
SECTION 141. Said chapter 176G is hereby further amended by inserting after section 4T the following section:-
Section 4U. No individual or group health maintenance contract shall restrict or discontinue coverage for medically necessary hypodermic syringes or needles, notwithstanding section 27 of chapter 94C. The term “medical necessity” shall be construed in accordance with the guidelines set forth in subsection (b) of section 16 of chapter 176O.
SECTION 142. Section 16 of chapter 195 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 9 and 14, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 143. Section 6A of chapter 201 of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 144. Section 7 of said chapter 201, as so appearing, is hereby amended by striking out, in line 4, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 145. Section 13 of said chapter 201, as so appearing, is hereby amended by striking out, in line 6, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 146. Section 7 of chapter 206 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 147. Section 24 of said chapter 206, as so appearing, is hereby amended by striking out, in line 6, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 148. Section 14 of chapter 224 of the General Laws, as so appearing, is hereby amended by striking out the sixth sentence.
SECTION 149. Chapter 272 of the General Laws is hereby amended by striking out section 104, inserted by section 6 of chapter 395 of the acts of 2004, and inserting in place thereof the following section:-
Section 105. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Electronically surveils” or “electronically surveilled”, to view, obtain or record a person's visual image by the use or aid of a camera, cellular or other wireless communication device, computer, television or other electronic device.
“Partially nude”, the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.
(b) Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person's knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) Whoever willfully disseminates the visual image of another person who is nude or partially nude, with knowledge that such visual image was unlawfully obtained in violation of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.
(d) This section shall not apply to a merchant that electronically surveils a customer changing room, provided that signage warning customers of the merchant's surveillance activity is conspicuously posted at all entrances and in the interior of any changing room electronically surveilled.
(e) This section shall not apply to a law enforcement officer acting within the scope of the officer's authority under applicable law, or by an order or warrant issued by a court.
(f) A sheriff, deputy sheriff or police officer may arrest without a warrant, a person whom he has probable cause to believe has violated this section.
(g) A photograph, videotape or other recorded visual image, depicting a person who is nude or partially nude that is part of any court record arising from a prosecution under this section, shall not be open to public inspection and shall only be made available by court personnel to a law enforcement officer, prosecuting attorney, defendant's attorney, defendant, or victim connected to such prosecution for inspection, unless otherwise ordered by the court.
(h) In a prosecution under this section, a justice of the superior court or district court may issue appropriate orders to restrain or prevent the unlawful dissemination of a person's visual image in violation of this section.
SECTION 150. Section 80 of chapter 199 of the acts of 1987 is hereby amended by striking out, in line 1, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 151. Section 82 of said chapter 199 is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 152. Section 155 of said chapter 199 is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 153. The first paragraph of section 67 of chapter 164 of the acts of 1988 is hereby amended by striking out, in line 1, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 154. Section 69 of said chapter 164 is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 155. Section 68 of chapter 240 of the acts of 1989 is hereby amended by striking out, in line 1, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 156. The second paragraph of section 69 of said chapter 240 is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 157. Section 70 of said chapter 240 is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 158. Section 101 of chapter 150 of the acts of 1990 is hereby amended by striking out, in line 1, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 159. The second paragraph of section 102 of said chapter 150 is hereby amended by striking out, in line 4, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 160. Section 105 of said chapter 150 is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 161. The first paragraph of section 55 of chapter 153 of the acts of 1992 is hereby amended by striking out, in lines 8 and 9, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 162. Section 19 of chapter 289 of the acts of 1992 is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 163. The fifth paragraph of subsection (x) of section 252 of chapter 60 of the acts of 1994 is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 164. Section 541 of chapter 151 of the acts of 1996 is hereby amended by striking out, in line 1, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 165. Section 573 of said chapter 151 is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 166. Subsection (a) of section 633 of said chapter 151 is hereby amended by striking out, in line 19, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 167. Section 4 of chapter 312 of the acts of 1996 is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 168. The definition of “Worcester City Campus Corporation” in section 3 of chapter 163 of the acts of 1997 is hereby amended by striking out the figure “139” and inserting in place thereof the following figure:- 138.
SECTION 169. Subparagraph (b) of paragraph 4 of section 8 of chapter 180 of the acts of 1997 is hereby amended by striking out, in line 5, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 170. The first paragraph of section 3 of chapter 239 of the acts of 1998 is hereby amended by striking out, in lines 3 and 4, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 171. The first paragraph of section 307 of chapter 127 of the acts of 1999 is hereby amended by striking out, in line 9, the words “mental retardation” and inserting in place thereof the following words:- developmental services.
SECTION 172. Clause (12) of subsection (a) of section 1 of chapter 41 of the acts of 2003 is hereby amended by striking out the words “chapter 348” and inserting in place thereof the following words:- section 348.
SECTION 173. The first paragraph of chapter 70 of the acts of 2003 is hereby amended by striking out, in line 2, the words “and the”.
SECTION 174. Section 5 of chapter 483 of the acts of 2004 is hereby amended by inserting after the word “of”, in line 9, the following words:- chapter 32 of.
SECTION 175. The introductory paragraph of section 14 of chapter 302 of the acts of 2008 is hereby amended by striking out the words “appearing in the 2006 Official Edition” and inserting in place thereof the following words:- amended by section 45 of chapter 182 of the acts of 2008.
SECTION 176. The introductory paragraph of section 15 of said chapter 302 is hereby amended by striking out the word “appearing” and inserting in place thereof the following word:- amended.
SECTION 177. Section 18 of said chapter 302 is hereby amended by striking out the words “amended by section 16 of chapter 61 of the acts of 2007, is hereby further” and inserting in place thereof the following words:- appearing in the 2006 Official Edition is hereby.
SECTION 178. Chapter 305 of the acts of 2008 is hereby amended by inserting after section 3 the following section:-
Section 3A. Section 2QQQ of chapter 29 of the General Laws, inserted by section 10 of chapter 182 of the acts of 2008, is hereby repealed.
SECTION 179. Sections 10 and 57 of chapter 305 of the acts of 2008 are hereby repealed.
SECTION 180. Said chapter 305 is hereby further amended by striking out section 15 and inserting in place thereof the following section:-
Section 15. The first paragraph of section 2 of chapter 112 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- The board shall require, as a standard of eligibility for licensure, that applicants show a predetermined level of competency in the use of computerized physician order entry, e-prescribing, electronic health records and other forms of health information technology, as determined by the board.
SECTION 181. Section 22 of said chapter 305 is hereby amended by striking out the introductory paragraph and inserting in place thereof the following introductory paragraph:-
Section 2 of chapter 118G of the General Laws, as so appearing, is hereby amended by striking out the second paragraph, in lines 13 to 30, inclusive, and inserting in place thereof the following paragraph:-.
SECTION 182. Section 27 of said chapter 305 is hereby amended by striking out the introductory paragraph and inserting in place thereof the following introductory paragraph:-
Section 5A of said chapter 176O, as appearing in section 26, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-.
SECTION 183. Sections 55 and 59 of said chapter 305 are hereby repealed.
SECTION 184. Chapter 307 of the acts of 2008 is hereby amended by striking out sections 5 to 7, inclusive, and inserting in place thereof the following 3 sections:-
Section 5. Subsection (b) of section 4E of said chapter 40J, as appearing in section 49 of chapter 169 of the acts of 2008, is hereby amended by adding the following sentence:- The board shall consult with the Massachusetts clean energy technology center established in section 2 of chapter 23J, prior to making any funds available to said renewable energy projects and facilities for the purpose of clean energy job creation.
Section 6. Clause (iv) of subsection (c) of said section 4E of said chapter 40J, as so appearing, is hereby amended by adding the following words:- by collaborating with the Massachusetts clean energy technology center established in section 2 of chapter 23J.
Section 7. Subsection (d) of said section 4E of said chapter 40J, as so appearing, is hereby amended by adding the following sentence:- In developing and revising the plan, the board shall consult with the Massachusetts clean energy technology center established in section 2 of chapter 23J to ensure a comprehensive and effective approach to clean energy job creation.
SECTION 185. Section 19 of chapter 321 of the acts of 2008 is hereby amended by striking out the words “early education and care” and inserting in place thereof the following words:- elementary and secondary education.
SECTION 186. Chapter 349 of the acts of 2008 is hereby repealed.
SECTION 187. Sections 4, 9 to 16, inclusive, 20, 23 to 32, inclusive, 35 to 45, inclusive, 52 to 58, inclusive, 60, 66 to 69, inclusive, 74, 79, 82, 83, 85 to 87, inclusive, 90, 91, 142 to 147, inclusive, 150 to 167, inclusive, and 169 to 171, inclusive, shall take effect on June 30, 2009.
SECTION 188. Section 15KKKKK of chapter 6 of the General Laws, inserted by section 8, shall take effect on January 4, 2009.
SECTION 189. Subsection (d) of section 62 of chapter 118E of the General Laws, as appearing in section 62, shall take effect on January 1, 2011.
NO SECTION 190.
SECTION 191. Sections 55 and 59 shall take effect as of July 31, 2003.
SECTION 192. Section 65 shall take effect on October 1, 2012.
SECTION 193. Section 78 shall take effect on July 1, 2012.
SECTION 194. Sections 175 and 176 shall take effect as of July 1, 2008.
SECTION 195. Section 177 shall take effect as of October 1, 2008.
SECTION 196. Section 180 shall take effect on July 1, 2015.
SECTION 197. Section 181 shall take effect as of August 10, 2008.
SECTION 198. Section 185 shall take effect as of August 30, 2008.
SECTION 199. Section 186 shall take effect on January 4, 2009.
Approved January 5, 2009.