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HOUSE DOCKET, NO. 2581 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 138
The Commonwealth of Massachusetts
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PRESENTED BY:
Gerard J. Cassidy
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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 to further protect persons with intellectual or developmental disabilities from abuse.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Gerard J. Cassidy9th Plymouth1/19/2023 1 of 3
HOUSE DOCKET, NO. 2581 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 138
By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 138) of
Gerard J. Cassidy for legislation to further protect persons with intellectual or developmental
disabilities from abuse. Children, Families and Persons with Disabilities.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 196 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to further protect persons with intellectual or developmental disabilities from abuse.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 1. Subsection (a) of section 15 of chapter 19C of the General Laws, as inserted by
2chapter 19 of the acts of 2020, is hereby amended by striking the definition of “Employer” and
3inserting in place thereof the following definition:-
4 “Employer”, an entity that provides services or treatment to persons with intellectual or
5developmental disabilities pursuant to: (i) a contract or agreement with the department; (ii)
6funding administered by the department; or (iii) a license issued pursuant to section 15 or 15A of
7chapter 19B. An entity that provides services pursuant to a contract or agreement with the
8department of youth services, the department of children and families, the department of early
9education and care, the department of mental health, or the department of elementary and
10secondary education. 2 of 3
11 Section 2. Subsection (d) of said section 15 of said chapter 19C, as so appearing, is
12hereby amended by inserting after the first paragraph the following paragraph:-
13 Prior to employing a person or contracting for client services, the department of youth
14services, the department of children and families, the department of early education and care, the
15department of mental health, the department of elementary and secondary education, or an
16employer shall determine whether the person’s name and date of birth appear on the registry.
17Neither the department of youth services, the department of children and families, the
18department of early education and care, the department of mental health, the department of
19elementary and secondary education, nor an employer shall hire, utilize the services of or employ
20a person whose name and date of birth appear on the registry. The department of youth services,
21the department of children and families, the department of early education and care, the
22department of mental health, the department of elementary and secondary education, or an
23employer shall have the prospective employee or current employee’s signed consent before
24making any inquiry to the registry. The department of youth services, the department of children
25and families, the department of early education and care, the department of mental health, the
26department of elementary and secondary education, or an employer shall not hire or retain any
27prospective or current employee who declines to provide such consent. At the time the
28department of youth services, the department of children and families, the department of early
29education and care, the department of mental health, the department of elementary and secondary
30education, or an employer decides not to hire or retain a person whose name and date of birth
31appear on the registry, the department of youth services, the department of children and families,
32or the department of early education and care, the department of mental health or the department 3 of 3
33of elementary and secondary education shall so inform the person and shall provide the person
34with the contact information for the commission.
35 Section 3. Said section 15 of said Chapter 19C, as so appearing, is hereby amended by
36striking out subsection (e) and inserting in place thereof the following subsection:-
37 (e) The information maintained in the registry, including the record of its proceedings,
38shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66.
39Except as provided in subsection (c), the commission, the division, and the department shall keep
40information contained in the registry confidential and shall not disseminate information about a
41care provider, prospective employee, or current employee to anyone other than the care provider,
42prospective employee, or current employee unless the dissemination is necessary for the
43consideration of the department, the department of youth services, the department of children
44and families, the department of early education and care, the department of mental health, the
45department of elementary and secondary education, or an employer when reviewing current or
46prospective employment of a care provider or a person or is otherwise provided by law.
47Disclosure of information contained in the registry shall be made in compliance with regulations
48promulgated pursuant to subsection (h). The regulations shall include, but not be limited to,
49measures that are necessary to protect the confidentiality of victims, individuals listed on the
50registry and third parties related to registrable abuse.