Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H174 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 2744       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 174
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Sean Garballey
_________________
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 updating terminology and investigative practices related to the protection of persons with 
disabilities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/17/2023Josh S. Cutler6th Plymouth1/26/2023Vanna Howard17th Middlesex1/31/2023Michael J. BarrettThird Middlesex1/31/2023Kay Khan11th Middlesex2/2/2023Angelo J. Puppolo, Jr.12th Hampden2/2/2023Michael D. BradySecond Plymouth and Norfolk2/2/2023Alyson M. Sullivan-Almeida7th Plymouth2/9/2023Margaret R. Scarsdale1st Middlesex2/17/2023 1 of 19
HOUSE DOCKET, NO. 2744       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 174
By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 174) of 
Sean Garballey and others relative to updating terminology and investigative practices related to 
the protection of persons with disabilities. Children, Families and Persons with Disabilities.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 218 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act updating terminology and investigative practices related to the protection of persons with 
disabilities.
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. Section 4H of chapter 7 of the General Laws, as appearing in the 2020 
2Official Edition, is hereby amended by striking out, in lines 84, 87 and 88, each time they appear, 
3the words “disabled persons protection commission” and inserting in place thereof, in each 
4instance, the following words:-commission for the protection of persons with disabilities.
5 SECTION 2. Section 19 of chapter 19B is hereby amended by striking out, in lines 126, 
6139, 280 and 281, 305, 384, 390 and 391, each time they appear, and 394 and 395, the words 
7“disabled persons protection commission” and inserting in place thereof, in each instance, the 
8following words:- commission for the protection of persons with disabilities. 2 of 19
9 SECTION 3. Chapter 19C is hereby amended by striking out the title, as so appearing, 
10and inserting in place thereof the following title:- COMMISSION FOR THE PROTECTION OF 
11PERSONS WITH DISABILITIES.
12 SECTION 4. Said chapter 19C is hereby further amended by striking out section 1, and 
13inserting in place thereof the following section:-
14 Section 1. As used in this chapter, the following words shall have the following meanings 
15unless the context requires otherwise:-
16 “Abuse”, an act or omission of a caretaker that results in serious physical or serious 
17emotional injury to a person with a disability; provided, however, that no person shall be 
18considered to be abused for the sole reason that such person is being furnished or relies upon 
19treatment in accordance with the tenets and teachings of a church or religious denomination by a 
20duly accredited practitioner of the church or religious denomination. As used in this chapter, the 
21term abuse includes abuse per se.
22 “Abuse per se”, an act or omission of a caretaker that, based upon its circumstances, is 
23determined by the commission to be in and of itself abusive, regardless of the manifestation of a 
24serious physical or serious emotional injury to a person with a disability.
25 “Caretaker”, a parent, guardian or other person or agency responsible for the health or 
26welfare of a person with a disability, whether in the same home as the person with a disability, 
27the home of a relative, a foster home or any other location where the caretaker renders assistance.
28 “Commission”, the commission for the protection of persons with disabilities established 
29under section 2. 3 of 19
30 “Mandated reporter”, any physician, medical intern, hospital personnel engaged in the 
31examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse, 
32chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator, 
33guidance or family counselor, day care worker, probation officer, social worker, foster parent, 
34police officer, firefighter, paramedic, emergency medical technician, animal control officer, 
35person employed by a state agency or person employed to provide assistance with a daily living 
36need for a person with a disability who, in their professional capacity, shall have reasonable 
37cause to believe that a person with a disability is suffering from a reportable condition.
38 “Person with a disability”, a person between the ages of 18 to 59, inclusive, who is a 
39person with an intellectual disability or a person with a developmental disability as defined under 
40section 1 of chapter 123B or who is otherwise mentally or physically disabled and, as a result of 
41that mental or physical disability, is wholly or partially dependent on another to meet that 
42person’s daily living needs.
43 “Recommendation”, a statement contained in an investigation report prepared pursuant to 
44this chapter that sets forth specific action intended by the investigator to protect a particular 
45person with a disability or similarly situated persons with disabilities from further abuse or risk 
46of abuse and that responds to the specific protective needs of the person with a disability or 
47persons with disabilities.
48 “Reportable condition”, a serious physical or serious emotional injury sustained by a 
49person with a disability and for which there is reasonable cause to believe that the injury resulted 
50from abuse; or reasonable cause to believe that abuse per se exists. 4 of 19
51 “State agency”, an agency of the commonwealth that provides services or treatment to 
52persons with disabilities, including a private entity providing such services or treatment pursuant 
53to a contract, license or agreement with an agency of the commonwealth.
54 SECTION 5. Section 2 of said chapter 19C is hereby amended by striking out the title, 
55and inserting in place thereof the following title: Establishment of the commission for the 
56protection of persons with disabilities; membership; terms; compensation; annual report.
57 SECTION 6: Section 2 of said chapter 19C is hereby amended by striking out the first 
58sentence and inserting in place thereof the following sentence:- There shall be a commission for 
59the protection of persons with disabilities.
60 SECTION 7. Said section 2 of said chapter 19C is hereby further amended by striking 
61out, in line 5, the words “disabled persons” and inserting in place thereof the following words:- 
62persons with disabilities.
63 SECTION 8. Said section 2 of said chapter 19C is hereby further amended by striking out 
64the third, fourth, and fifth sentences and inserting in place thereof the following sentences:- The 
65commission shall consist of 3 members to be appointed by the governor, 1 of whom the governor 
66shall designate as chair. Members of the commission shall serve for a term of 5 years.
67 SECTION 9. Said section 2 of chapter 19C is hereby further amended by striking out the 
68ninth sentence, and inserting in place thereof the following sentence:- A person appointed to fill 
69a vacancy occurring other than by the expiration of a 	term of office shall be appointed for the 
70unexpired term of the member succeeded. 5 of 19
71 SECTION 10. The 	first paragraph of section 3 of said chapter 19C is hereby amended by 
72striking out clause (a) and inserting in place thereof the following clause:-
73 (a) to employ, subject to appropriation, the staff necessary to carry out its duties pursuant 
74to this chapter; provided, however, that the commission shall establish written standards for the 
75position of investigator and shall hire investigators whose education and training qualifies them 
76for the position pursuant to the standards established by the commission; provided further, that 
77the commission shall take the steps necessary to ensure that the conduct of each investigator 
78meets or exceeds the standards; and provided further, 	that the staff shall serve at the pleasure of 
79the commission and shall not be subject to chapter 31.
80 SECTION 11. Said section 3 of said chapter 19C is hereby further amended by striking 
81out, in lines 20 and 21, the words “disabled persons” and inserting in place thereof the following 
82words:- persons with disabilities.
83 SECTION 12. Said section 3 of said chapter 19C is hereby further amended by striking 
84out, in line 22, the words “other state”.
85 SECTION 13. Said section 3 of said chapter 19C is hereby further amended by striking 
86out, in line 27, the word “nine” and inserting in place thereof the following words:- 5 or section 
879.
88 SECTION 14. Said section 3 of said chapter 19C is hereby further amended by striking 
89out, in lines 28 and 29, the words “disabled persons” and inserting in place thereof the following 
90words:- persons with disabilities. 6 of 19
91 SECTION 15. Said section 3 of said chapter 19C is hereby further amended by striking 
92out, in lines 31 and 32, the words “the provisions of chapters sixty-six and sixty-six A” and 
93inserting in place thereof the following words:- chapters 66 and 66A; provided, however, that, 
94except as otherwise provided in this chapter, information that is created, collected, used, 
95maintained or disseminated pursuant to this chapter and that is confidential or personally 
96identifiable information pursuant to state or federal law shall not be a public record pursuant to 
97clause Twenty-six of section 7 of chapter 4 or chapter 66.
98 SECTION 16. The 	first paragraph of said section 3 of said chapter 19C is hereby 
99amended by striking clauses (h) and (i) and inserting in place thereof the following 2 clauses:-
100 (h) to establish within the commission a special investigative unit that shall have sole 
101responsibility for the initial evaluation or investigation of all reports of abuse received by the 
102commission in connection with which there is an allegation of criminal conduct; provided, 
103however, that the colonel of state police shall assign not less than 5 state police officers to the 
104special investigative unit; and
105 (i) to promulgate rules and regulations establishing procedures to exclude personally 
106identifiable information regarding the subjects of investigations and to carry out the 
107responsibilities of this chapter in such a way as to disclose as little personally identifiable 
108information as possible.
109 SECTION 17. Section 4 of said chapter 19C is hereby amended by striking out, in line 1, 
110the words “disabled person” and inserting in place thereof the following words:- person with a 
111disability, and subject to the commission’s authority to conduct its own investigation. 7 of 19
112 SECTION 18. The 	first paragraph of said section 4 of said chapter 19C is hereby 
113amended by striking out clauses (b) and (c) and inserting in place thereof the following 3 
114clauses:-
115 (b) refer immediately any such report that alleges the occurrence of abuse of a person 
116with a disability whose caretaker is a state agency to the state agency within the executive office 
117of health and human services that is the primary service providing agency for the disability 
118manifested by the person with a disability; provided, however, that as assigned by the 
119commission, the commission or the referral agency subject to the oversight of the commission 
120shall investigate the abuse as provided in section 5; and provided further, that, if a commission 
121investigation is being conducted, the referral agency shall take reasonable steps to avoid 
122unnecessary, unwarranted or counterproductive duplication of the commission’s investigation 
123through an internal investigation or inquiry by the referral agency and shall, when there is 
124duplication, utilize the commission’s investigation in lieu of an internal investigation or inquiry.
125 (c) refer immediately any such report that alleges the occurrence of abuse of a person 
126with a disability whose caretaker is not a state agency to the agency within the executive office 
127of health and human services that the commission determines, based on the person’s reported 
128disability, would most likely provide, license an entity to provide or contract with or enter into an 
129agreement to provide services or treatment to the person with a disability; provided, however, 
130that, as assigned by the commission, the commission or the assigned referral agency subject to 
131the oversight of the commission shall investigate such abuse as provided in section 5.
132 (d) in accordance with subsections (b) and (c), refer immediately reports that the 
133commission determines present imminent risk of substantial harm to a person with a disability,  8 of 19
134regardless of whether any serious injury is alleged, for the provision of protective services; 
135provided, however, that the commission may oversee the provision of protective services until 
136such time that the commission determines the risk has been adequately addressed.
137 SECTION 19. Said section 4 of said chapter 19C is hereby further amended by striking 
138out, in lines 35 and 36, the words “disabled person where the screener” and inserting in place 
139thereof the following words:- person with a disability where the commission staff.
140 SECTION 20. Said section 4 of said chapter 19C is hereby further amended by striking 
141out, in line 38, the word “screener” and inserting in place thereof the following words:- 
142commission staff.
143 SECTION 21. Said section 4 of said chapter 19C is hereby further amended by striking 
144out, in line 40, the first time it appears, the word “and” and inserting in place thereof the 
145following word:- or.
146 SECTION 22. Said section 4 of said chapter 19C is hereby further amended by striking 
147out, in lines 40 to 42, inclusive, the words “and, upon completion of such evaluation and 
148investigation, shall report the results of such evaluation and investigation to the commissioners 
149who” and inserting in place thereof the following word: . Upon completion of such evaluation or 
150investigation, the special investigative unit shall report the results of such evaluation or 
151investigation to the commission that.
152 SECTION 23. Said section 4 of said chapter 19C is hereby further amended by inserting 
153after the word “initial,” in line 46, the following words:- evaluation or. 9 of 19
154 SECTION 24. Said section 4 of said chapter 19C is hereby further amended by striking 
155out, in lines 56 and 57, the words “clients of state agencies or of contract providers” and 
156inserting in place thereof the following words:- persons with disabilities.
157 SECTION 25. Said section 4 of said chapter 19C is hereby further amended by striking 
158out, in line 58, the words “commission’s or department’s”.
159 SECTION 26. Said section 4 of said chapter 19C is hereby further amended by inserting 
160after the word “investigation”, in lines 58 and 59, the following words:- by the commission or 
161referral agency.
162 SECTION 27. Section 5 of said chapter 19C is hereby amended by striking out, in lines 
1631, 13, 50, 63, 73 and 75, the words “disabled person” and inserting in place thereof, in each 
164instance, the following words:- person with a disability.
165 SECTION 28. Said section 5 of said chapter 19C is hereby further amended by inserting 
166after the word “designated”, in line 2, the following words:- and assigned.
167 SECTION 29. Said section 5 of said chapter 19C is hereby further amended by striking 
168out, in lines 2 to 4, inclusive, the words “, the general counsel, or a department within the 
169executive office of health and human services”.
170 SECTION 30. Said section 5 of said chapter 19C is hereby further amended by striking 
171out, in lines 7 and 8, the words “counsel or department of mental health or department of public 
172health” and inserting in place thereof the following words:- department of developmental 
173services, department of mental health or Massachusetts rehabilitation commission. 10 of 19
174 SECTION 31. Said section 5 of said chapter 19C is hereby further amended by striking 
175out, in line 9, the words “disabled person’s health or safety” and inserting in place thereof the 
176following words:- health or safety of a person with a disability.
177 SECTION 32. Said section 5 of said chapter 19C is hereby further amended by striking 
178out, in line 12, the words “the disabled person’s residence and day program, if any” and inserting 
179in place thereof the following words:- any sites relevant to the alleged abuse, which may include, 
180but shall not be limited to, the residence and day program of the person with a disability.
181 SECTION 33. Said section 5 of chapter 19C is hereby further amended by inserting, in 
182line 14, after the word “injuries” the following words:- or abuse per se.
183 SECTION 34. Said section 5 of said chapter 19C is hereby further amended by striking 
184out, in lines 17 to 19, inclusive, the words “, to the general counsel and to the department of 
185mental health and the department of public health” and inserting in place thereof the following 
186words:- and to the department of developmental services, the department of mental health or the 
187Massachusetts rehabilitation commission, as appropriate.
188 SECTION 35. Said section 5 of said chapter 19C is hereby further amended by striking 
189out, in line 22, the word “ten” and inserting in place thereof the following words:- 10, or the 
190employer of the mandated reporter.
191 SECTION 36. Said section 5 of said chapter 19C is hereby further amended by inserting 
192after the word “the”, in line 24, the first time it appears, the following word:- assigned referral.
193 SECTION 37. Said section 5 of said chapter 19C is hereby further amended by striking 
194out, in line 30, the word “neither” and inserting in place thereof the following word:- not. 11 of 19
195 SECTION 38. Said section 5 of said chapter 19C is hereby further amended by striking 
196out, in lines 31 to 33, inclusive, the words, “nor prevent the admission of such documents in any 
197civil or disciplinary proceeding arising out of the alleged abuse or neglect of the disabled 
198person”.
199 SECTION 39. Said section 5 of said chapter 19C, as so appearing, is hereby further 
200amended by striking out, in lines 43 and 44, the words “the facility named in the report, if any,” 
201and inserting in place thereof the following words:- any sites relevant to the report.
202 SECTION 40. Said section 5 of said chapter 19C is hereby further amended by striking 
203out, in line 45, the words “residents or clients in the same facility” and inserting in place thereof 
204the following words:- persons with disabilities.
205 SECTION 41. Said section 5 of said chapter 19C is hereby further amended by striking 
206out, in lines 46 and 47, the words “, the general counsel, the department of mental health and the 
207department of public health within” and inserting in place thereof the following words:- and to 
208the department of developmental services, the department of mental health or the Massachusetts 
209rehabilitation commission, as appropriate, within.
210 SECTION 42. Said section 5 of said chapter 19C is hereby further amended by striking 
211out, in line 52, the words “, the general counsel, the attorney general”.
212 SECTION 43. Said section 5 of said chapter 19C is hereby further amended by striking 
213out, in line 54, the words “six of chapter thirty-eight” and inserting in place thereof the following 
214words:- 3 of chapter 38. 12 of 19
215 SECTION 44. Said section 5 of said chapter 19C is hereby further amended by striking 
216out, in line 55, the word “ten” and inserting in place thereof the following words:- 10 business.
217 SECTION 45. Said section 5 of said chapter 19C is hereby further amended by striking 
218out, in lines 56, 58 and 61, the word “misconduct” and inserting in place thereof, in each 
219instance, the following word:- abuse.
220 SECTION 46. Said section 5 of said chapter 19C is hereby further amended by striking 
221out, in lines 59 and 60, the words “ respond in writing prior to the issuance of said report” and 
222inserting in place thereof the following words:- petition for review.
223 SECTION 47. Said section 5 of said chapter 19C is hereby further amended by striking 
224out, in line 67, the word “shall” and inserting in place thereof the following words:- may refer 
225any matters for which there is reason to believe that a violation of any statute, regulation or rule 
226has occurred to the agency of the commonwealth that has jurisdiction over the alleged violation. 
227In addition, the commission, notwithstanding any provisions of chapter 66A regarding personal 
228data to the contrary, shall.
229 SECTION 48. Said section 5 of said chapter 19C is hereby further amended by striking 
230out, in lines 77 to 79, inclusive, the words “or (c) a disabled person has suffered serious bodily 
231injury as a result of a pattern of repetitive actions or inactions by a caretaker” and inserting in 
232place thereof the following words:- (c) a person with a disability has suffered serious bodily 
233injury as a result of a pattern of repetitive acts or omissions by a caretaker; or (d) any other 
234criminal offense has occurred that has caused harm to a person with a disability.
235 SECTION 49. Said chapter 19C is hereby further amended by striking out section 6 and 
236inserting in place thereof the following section:- 13 of 19
237 Section 6. The commission, acting through agencies within the executive office of health 
238and human services designated by the commission to 	provide protective services and as 
239necessary to prevent further abuse in cases investigated pursuant to this chapter and subject to 
240the oversight of the commission, shall:
241 (i) furnish protective services to a person with a disability with the consent of the person 
242or the person’s guardian;
243 (ii) petition the court for appointment of a conservator or guardian or for issuance of an 
244emergency order for protective services as provided in section 7; or
245 (iii) furnish protective services to a person with a disability on an emergency basis as 
246provided in said section 7.
247 SECTION 50. Section 7 of said chapter 19C is hereby amended by striking out, in lines 1 
248and 2, the words “the general counsel, the department of mental health or the department of 
249public health,” and inserting in place thereof the following words:- the department of 
250developmental services, the department of mental health or the Massachusetts rehabilitation 
251commission.
252 SECTION 51. Said section 7 of said chapter 19C is hereby further amended by striking 
253out, in lines 4, 6 and 7, 12, 13, 16, 17 and 18, each time they appear, 20 and 21, 22, 29, 35, 39 
254and 40, 46, 47 and 48, 59, each time they appear, 61, 65, 67 and 68, the words “disabled person” 
255and inserting in place thereof, in each instance, the following words:- person with a disability. 14 of 19
256 SECTION 52. Said section 7 of said chapter 19C is hereby further amended by striking 
257out, in lines 5 and 6, 9, 33 and 34, 37 and 62, the words “, counsel or department” and inserting 
258in place thereof, in each instance, the following words:- or agency.
259 SECTION 53. Section 8 of chapter 19C is hereby amended by striking out, in the section 
260title, the words “disabled persons” and inserting in place thereof the following words: - persons 
261with disabilities.
262 SECTION 54. Said section 8 of said chapter 19C is hereby further amended by striking 
263out, in line 2, the words “disabled person” and inserting in place thereof the following words:- 
264person with a disability.
265 SECTION 55. Said section 8 of said chapter 19C is hereby further amended by striking 
266out, in line 6, the words “disabled persons” and inserting in place thereof the following words:- a 
267person with a disability.
268 SECTION 56. Section 9 of said chapter 19C is hereby amended by striking out clause 
269(d), as so appearing, and inserting in place thereof the following clause:-
270 (d) refer any matters for which there is reason to believe that abuse has occurred by a 
271state agency or its employee to the agency of the commonwealth funding, contracting or under 
272agreement with, or licensing such party for termination of the funding, agreement, contract, or 
273license or for such other action that the agency of the commonwealth deems appropriate.
274 SECTION 57. Section 10 of said chapter 19C is hereby amended by striking out, in line 
2753, the word “orally”. 15 of 19
276 SECTION 58. Section 10 of said chapter 19C is hereby further amended by striking out, 
277in lines 4 and 5, the words “and shall report in writing within forty-eight hours after such oral 
278report”.
279 SECTION 59. Said section 10 of said chapter 19C is hereby further amended by striking 
280out, in lines 7, 13, 19 and 29, the words “disabled person” and inserting in place thereof the 
281following words:- person with a disability.
282 SECTION 60. Said section 10 of said chapter 19C is hereby further amended by striking 
283out, in lines 10 and 11, the words “six of chapter thirty-eight” and inserting in place thereof the 
284following words:- 3 of chapter 38.
285 SECTION 61. Said section 10 of said chapter 19C is hereby further amended by inserting 
286after the word “file”, in line 12, the following word:- a.
287 SECTION 62. Said section 10 of said chapter 19C is hereby further amended by striking 
288out, in lines 27 and 28, the words “in any civil action arising out of a report made pursuant to this 
289chapter” and inserting in place thereof the following words:- participation in an investigation, 
290hearing, or other proceeding conducted pursuant to this chapter.
291 SECTION 63. Said section 10 of said chapter 19C is hereby further amended by striking 
292out, in lines 32 and 33, the words “oral and written reports, who fails to do so,” and inserting in 
293place thereof the following words:- a report and who fails to do so.
294 SECTION 64. Section 11 of said chapter 19C is hereby amended by striking out, in line 
2956, the words “the general counsel or”. 16 of 19
296 SECTION 65. Said section 11 of said chapter 19C is hereby further amended by striking 
297out, in line 9, the words “disabled person” and inserting in place thereof the following words:- 
298person with a disability.
299 SECTION 66. The 	third paragraph of said section 11 of said chapter 19C, as so 
300appearing, is hereby amended by inserting after the first sentence the following sentence:- The 
301commission may investigate any allegation under this section pursuant to section 5 or 9.
302 SECTION 67. Section 12 of said chapter 19C is hereby amended by striking out, in lines 
30310 and 11, the words “, in consultation with the secretary of health and human services,”.
304 SECTION 68. Said section 12 of said chapter 19C is hereby further amended by striking 
305out, in line 11, the word “formal”.
306 SECTION 69. Said section 12 of said chapter 19C is hereby further amended by striking 
307out, in lines 12 and 13, the words “, in consultation with the secretary of health and human 
308services,”.
309 SECTION 70. Said section 12 of said chapter 19C is hereby further amended by striking 
310out, in line 13, the words “a formal” and inserting in place thereof the following word:- an.
311 SECTION 71. Section 13 of said chapter 19C is hereby amended by striking the title, 
312inserting in place thereof the following title:- Notification by caretaker agency of the death of a 
313person with a disability.
314 SECTION 72. Section 13 of said chapter 19C is hereby further amended by striking out, 
315in lines 1 and 8, the words “disabled person” and inserting in place thereof, in each instance, the 
316following words:- person with a disability. 17 of 19
317 SECTION 73. Said section 13 of said chapter 19C is hereby further amended by striking 
318out, in line 6, the word “a” and inserting in place thereof the following word:- any.
319 SECTION 74. Said section 13 of said chapter 19C is hereby further amended by striking 
320out, in line 4, the word “orally”.
321 SECTION 75. Said section 13 of said chapter 19C is hereby further amended by striking 
322out, in lines 5, 6 and 7, the following words “, and shall forward to the commission and local law 
323enforcement officials a written report of such death”.
324 SECTION 76. Section 14 of said chapter 19C is hereby amended by striking out, in lines 
3252, 3, and 4, the words “the general counsel, or a department within the executive office of health 
326and human services” and inserting in place thereof the following words:- department of 
327developmental services, department of mental health, or the Massachusetts rehabilitation 
328commission,.
329 SECTION 77. Section 15 of said chapter 19C is hereby amended by inserting, in line 17, 
330after the term “or” as first appearing, the following word:- serious.
331 SECTION 78. Section 15 of said chapter 19C is hereby further amended, by striking, in 
332line 28, the word “respond”, and inserting in place thereof the following words:- petition for 
333review.
334 SECTION 79. Section 15 of said chapter 19C is hereby further amended, by striking, in 
335line 31, the word “include”, and inserting in place thereof the following word:- enter.
336 SECTION 80. Section 15 of said chapter 19C is hereby further amended, by striking, in 
337line 32, the words “name and date of birth” and inserting in place thereof the following words:-  18 of 19
338name, date of birth, and any other personally identifying information as determined necessary by 
339the commission to confirm the identity of the care provider.
340 SECTION 81. Section 15 of said chapter 19C is hereby further amended by inserting, in 
341lines 37, 40, 50, 124, 125, 127, 129, 131, and 132, after the word “name”, in each instance, the 
342following words:- and personally identifying information.
343 SECTION 82. Section 15 of said chapter 19C is hereby further amended by striking out, 
344in lines 65 and 66, 68, and 74 the words “date of birth” and inserting in place thereof, in each 
345instance, the following words:- personally identifying information.
346 SECTION 83. Section 15 of said chapter 19C is hereby further amended, by striking out, 
347in lines 84 and 85, the words “including the records of its proceedings” and inserting in place 
348thereof the following words:- including the records of the registrable abuse investigation and 
349records of any hearing or other proceeding at the division or judicial appeal, including the 
350personally identifying information of all parties and witnesses.
351 SECTION 84: Section 15 of said Chapter 19C is hereby further amended by inserting 
352after the word “shall”, in line 85, the following words:- be confidential and shall.
353 SECTION 85: Section 15 of said Chapter 19C is hereby further amended, by inserting 
354after the word “registry”, in lines 88 and 94, in each instance, the following words:-and any 
355registrable abuse investigation or proceeding at the division or judicial appeal.
356 SECTION 86. Section 15 of said Chapter 19C is hereby further amended, by striking, in 
357lines 89 and 90, the word “anyone” and inserting in place thereof the following:- any person or 
358entity. 19 of 19
359 SECTION 87. Section 15 of said Chapter 19C is hereby further amended, by inserting, 
360after the word “registrable”, in line 109, the following words:- in the last fiscal year.
361 SECTION 88. Section 15 of said Chapter 19C is hereby further amended, by inserting, 
362after the word “registry”, in line 109, the following words:- as of the last day of the last fiscal 
363year.
364 SECTION 89. Section 220 of chapter 111 is hereby amended by striking out, in lines 20 
365and 21, the words “disabled persons protection commission” and inserting in place thereof the 
366following words:- commission for the protection of persons with disabilities.