HOUSE DOCKET, NO. 1310        FILED ON: 2/5/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3643

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel R. Carey

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the airborne hazards and open burn pit registry.

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PETITION OF:

HOUSE DOCKET, NO. 1310        FILED ON: 2/5/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3643

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the airborne hazards and open burn pit registry.

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. Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 240. (a) The commissioner, in consultation with the commissioner of veterans services and the adjutant general of the Massachusetts national guard, shall develop written educational materials that provide information about health effects that are associated with chemicals identified at open burn pits during overseas military deployments, including:-

(i) the symptoms associated with exposure to open burn pits during overseas military deployments;

(ii) information regarding how to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry and resources that can provide assistance with the registration process;

(iii) information regarding the eligibility requirements for participation in the Registry including deployment locations and dates;

(iv) information regarding how to participate in the Registry and resources that can provide assistance with the registration process; and

(v) contact information for the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry.

The commissioner, in cooperation with appropriate professional licensing boards and professional membership associations, shall ensure the information is made available to all appropriate licensed health care providers in Massachusetts.

(b) The commissioner, in consultation with the commissioner of veterans services and the adjutant general of the Massachusetts national guard shall:-

(i) monitor the most current published epidemiological studies and recommendations arising as a requirement of 38 U.S.C. 527, as well as any developments in the study and treatment of conditions associated with exposure to toxic airborne chemicals and fumes caused by open burn pits; and

(ii) keep record of self-identifying service members and veterans who have been exposed to burn pits, that shall include the name, address, electronic address, phone number, location and period of service, and any other information as deemed necessary. Such information shall be used only for the purposes of communicating information about exposure to toxic airborne chemicals and fumes caused by open burn pits to service members and veterans. The database, materials or other information shall be confidential and privileged, shall not be subject to chapter 66, or clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to subpoena, discovery or introduction into evidence in any private civil action.

(c) On or before January 1, 2022, the commissioner, in coordination with the commissioner of Veterans services and the adjutant general of the Massachusetts national guard shall prepare an informational pamphlet regarding the health effects of exposure to open burn pits and how to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry and resources that can provide assistance with the registration process for distribution by the commissioner of veterans services and the adjutant general of the Massachusetts national guard. The informational pamphlet shall be distributed to any and all services the commissioner of veteran services and adjutant general of the Massachusetts national guard see fit, including but not limited to veteran service offices throughout the commonwealth and veteran organizations. Veteran service officers shall receive training to assist with implementation of this legislation.

SECTION 2. Chapter 115 of the General Laws is hereby amended by adding the following section:-

Section 16. (a) The commissioner, the commissioner of public health and the adjutant general of the Massachusetts national guard, shall collaborate to contact all members of the Massachusetts national guard and all known veterans and members of the U.S. Armed Forces residing in Massachusetts who may be eligible to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry. In particular, the commissioner of veteran services, the commissioner of public health, and the adjutant general of the Massachusetts national guard shall develop and execute a plan that ensures contact with all members of the Massachusetts national guard and any veteran or member of the U.S. Armed Forces residing in Massachusetts who may have served in any of the following:

(i) Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn;

(ii) Djibouti, Africa, on or after September 11, 2001;

(iii) Afghanistan, on or after September 11, 2001;

(iv) Operation Desert Shield or Operation Desert Storm; or

(v) in the Southwest Asia theater of operations on or after August 2, 1990.

(b) Each veteran or service member contacted shall be encouraged to join the Registry and shall be provided with:

(i) contact information for the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry; and

(ii) a copy of the pamphlet created by the commissioner of public health pursuant to subsection (c) of section 240 of chapter 111.

SECTION 3. (a) Notwithstanding any general or special law to the contrary, on or before September 1, 2021, the adjutant general of the national guard and the commissioner of veterans services shall encourage the U.S. Department of Veterans Affairs to enhance and simplify the registration process for the Airborne Hazards and Open Burn Pit Registry by providing for:

(i) identification verification for DS Logon Level 2 access to be made available at U.S. Department of Veterans Affairs’ community-based outpatient clinics throughout Massachusetts;

(ii) the creation of a paper registration option; and

(iii) the creation of a process for deceased veteran’s family members to participate in the Registry on behalf of a deceased veteran.

(b) On or before October 1, 2021, the adjutant general of the national guard shall request that the periodic health assessment for members of the Massachusetts national guard determine whether the guard member was deployed to a location that would make him or her eligible to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry, and whether the guard member was exposed to open burn pits during his or her deployment to that location.

(c) On or before October 1, 2021, the adjutant general shall request that any member of the Massachusetts national guard who during his or her periodic health assessment is identified as having been potentially exposed to open burn pits during a deployment is automatically registered to participate in the U.S. Department of Veterans Affairs’ Airborne Hazard and Open Burn Pit Registry.

SECTION 4. The informational pamphlet required in subsection (c) of section 240 of chapter 111 of the General Laws shall be made available on the department of public health’s website on and after October 1, 2021.