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HOUSE DOCKET, NO. 1204 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2237
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul McMurtry
_________________
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 medical health and fitness facilities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/18/2023 1 of 7
HOUSE DOCKET, NO. 1204 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2237
By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2237) of
Paul McMurtry relative to medical health and fitness facilities. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2364 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to medical health and fitness facilities.
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. Chapter 111 of the General Laws is hereby amended by inserting after
2section 237 the following section:
3 Section 238. (A) As used in this section the following words shall have the following
4meaning unless the context clearly requires otherwise – “Medical Health and Fitness Facilities”
5(“MHFF”) are defined as any wellness facility that has created protocols and operating
6procedures which all such facilities will need to achieve and maintain in order to be recognized
7as such a facility by the Department.
8 (B)Medical Health and Fitness Facilities as recognized by the Department must adhere to
9and achieve the following safety standards and facility specifications and requirements: 2 of 7
10 1. Size: MHFF facilities must exhibit the ability to physically accommodate the
11rules and regulations set forth by the Massachusetts Safety and Standards Checklist with regard
12to:
13 a. Social distancing
14 b. 6ft and 14ft separation requirements
15 c. Directional pathways
16 d. Adhere to limitations on maximum facility occupancy at any given time
17 2. Medical Application Standards: MHFF facilities must maintain, adhere to and
18provide for all of the following medical safeguards and medical service programs:
19 a. Written policies and procedures regarding member/guest safety
20 b. Emergency response procedures
21 c. Individualized health assessments
22 d. Disease management and prevention programs
23 e. Lifestyle change/health-risk reduction programs
24 f. Physical therapy, post-operative/injury
25 g. Physical therapy continued care program
26 h. Implementation and maintenance of a Medical Advisory Board 3 of 7
27 i. Medical Advisory Board (“MAB”) is group of healthcare professionals headed
28by a Medical Director that meet on at least a quarterly basis for the
29 purpose of reviewing and providing professional oversight for all
30aforementioned medical applications: The members of the MAB should be
31 recognized experts in their field. Their combined experience and valued
32insights should direct the facility in all efforts to enhance all existing wellness
33 programs as well as maintain and improve the safety protocols for current
34participants. The MAB also plays a large part in determining what new
35 services and or lifestyle improvement programs may be needed or valuable to
36neighboring communities and the client/patient community.
37 i. Medical Director
38 i. The Medical Director is a licensed medical physician who sits on the
39Medical Advisory Board and oversees, directs and reviews all communications
40 with the MAB.
41 ii. The Medical Director is responsible for the safe and appropriate
42application of all medical programs within the facility.
43 3. Staffing Requirements and Qualifications
44 a. All MHFF facilities are required to employ personnel in the following full-time
45positions with qualifications listed. 4 of 7
46 b. Fitness Director: must have a minimum of an Exercise Physiology or Health
47Science Degree or the equivalent.
48 c. Certified Pool Operator: Facilities with pools and/or hot tubs and Jacuzzi must
49have a certified pool operator.
50 d. Operations Manager: Must have a BS in Facility and or Operations Management
51with 5+ years’ experience.
52 e. Fitness Manager on Duty (“FMOD”): all facilities must employ a fitness manger
53on duty at all times of operation.
54 f. Medical Director: All facilities must have a licensed medical physician to oversee
55the MAB. The Medical Director will be responsible for overseeing the medical and behavioral
56change programs within each facility. The Medical Director will work with the MAB and facility
57management in order to coordinate various interdisciplinary teams to execute the facility’s
58medical and wellness policies, systems and agenda.
59 4. Cleaning and Hygiene Procedures: MHFF facilities must maintain and enforce the
60following cleaning protocols in accordance with the Massachusetts Safety and Standards
61Checklist
62 a. Provide ample and sufficient sanitation wipes easily accessed for members and
63staff to clean equipment before and after each individual use.
64 b. Provide ample and sufficient hand sanitation stations easily accessed for members
65and staff to consistently sanitize their hands. 5 of 7
66 c. Staff is required to spray down equipment with EPA approved disinfectant at
67scheduled times throughout the day to maintain optimal safety and cleanliness. Staff must log
68and track cleaning times.
69 d. Staff will disinfect high touch, high use areas consistently throughout the day,
70with EPA approved N list cleaning product and log and track times.
71 e. Increase cleaning staff to maintain and enable consistent, thorough and
72continuous facility sanitization.
73 5. Air Quality and Control
74 a. MHFF facilities will be required to purchase, install and continuously operate non-
75thermal plasma self-contained electronic air and surface decontamination unit(s)
76 b. Said unit(s) shall have the capacity to eradicate bacteria, viruses, mold and odor at an
77average reduction rate of 90% in the air and 95% on surfaces in large occupied spaces by
78creating oxidized molecules from ambient air using non-thermal plasma technology
79 c. Said unit(s) will not use chemicals in any aspect of operation and will comply with
80USDA National Organic Standards (7 CFR Part 205)
81 d. Said unit(s) shall be powered by standard 120 volt outlet
82 e. Said unit(s) shall have no effect on temperature or humidity of the facility
83 f. Said unit(s) shall offer continuous 24 hour treatment
84 g. Said unit(s) can be calibrated for different operations cycles 6 of 7
85 h. Said unit(s) shall be compliant with OSHA safety and air quality regulations.
86 6. Safety Standards and Required Protocols: MHFF facilities will be required to
87implement and maintain the following protocols.
88 a. Temperature must be taken for any person entering the facility. Any person with a
89measured temperature of 100 degrees Fahrenheit or higher shall not be
90 allowed to enter the facility.
91 b. Any person entering the facility must be checked in for tracing purposes. (Club
92must have a computerized check-in system.)
93 c. Facilities must maintain an updated member contact process e-mail or cell phone
94 d. Signs must be posted conspicuously throughout required spaces communicating
95safety regulations and requirements for said spaces.
96 e. All new members are required to fill out a detailed health check form
97 f. Automatic External Defibrillators (AEDs) are required; one unit for every 75,000
98sq. ft. to ensure prompt and timely application.
99 g. All staff must be trained in CPR and AED use
100 h. All staff must have basic lifesaving skill certification
101 i. Facility must have and train all employees in an emergency action plan for the
102following:
103 i. Fire 7 of 7
104 ii. Health emergency
105 iii. Active shooter
106 iv. Positive COVID test
107 v. Aquatic emergency
108 j. Facility must track and document training times and trained personnel