Budget Amendment ID: FY2027-S4-545

EHS 545

Enforcing Ultrasound Safety

Ms. Rausch moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting the following words:- “; provided, that not less than $250,000 shall be expended for a public information campaign to educate and promote awareness to the public about section 2E of chapter 112 of the General Laws, including, but not limited to, a request for the public to report to the department any potential violations thereof”;

And by inserting the following section:-

“SECTION X. Section 2E of chapter 112 of the General Laws is hereby amended by adding the following words:- Annually, not later than February 1, an unlicensed facility providing pregnancy-related information or health services shall certify to the department of public health, in a form and manner to be determined by the department: (i) whether ultrasound services are provided at the facility; and (ii) if so, whether the services are supervised in accordance with this section, including, but not limited to, the name and licensure information for any individual providing supervision. Failure to provide said certification on time shall result in a $50,000 fine; provided, that an additional $50,000 fine shall be assessed for each 30-day period in which the facility fails to comply; provided further, that fines collected under this section shall be deposited into the fund established in subsection (b) of section 24N of chapter 111; and provided further, that the business registration of a facility failing to comply with the certification requirements of this section for 6 months shall be revoked and shall not be eligible for renewal for a period of 3 years from the date of revocation. The department of public health shall compile the certifications, prepare and maintain a web-based violation reporting system and compliance database to receive complaints about potential violations of this section and report actual and potential violations of this section to the attorney general. The attorney general may enforce this section by bringing a civil action for damages or declaratory, injunctive or other appropriate equitable relief. Nothing in this section shall preclude a private right of action asserting violations hereof.”