Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2237 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1204 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2237
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul McMurtry
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to medical health and fitness facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/18/2023 1 of 7
16	16	HOUSE DOCKET, NO. 1204 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2237
18	18	By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2237) of
19	19	Paul McMurtry relative to medical health and fitness facilities. Public Health.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 2364 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to medical health and fitness facilities.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after
31	31	2section 237 the following section:
32	32	3 Section 238. (A) As used in this section the following words shall have the following
33	33	4meaning unless the context clearly requires otherwise – “Medical Health and Fitness Facilities”
34	34	5(“MHFF”) are defined as any wellness facility that has created protocols and operating
35	35	6procedures which all such facilities will need to achieve and maintain in order to be recognized
36	36	7as such a facility by the Department.
37	37	8 (B)Medical Health and Fitness Facilities as recognized by the Department must adhere to
38	38	9and achieve the following safety standards and facility specifications and requirements: 2 of 7
39	39	10 1. Size: MHFF facilities must exhibit the ability to physically accommodate the
40	40	11rules and regulations set forth by the Massachusetts Safety and Standards Checklist with regard
41	41	12to:
42	42	13 a. Social distancing
43	43	14 b. 6ft and 14ft separation requirements
44	44	15 c. Directional pathways
45	45	16 d. Adhere to limitations on maximum facility occupancy at any given time
46	46	17 2. Medical Application Standards: MHFF facilities must maintain, adhere to and
47	47	18provide for all of the following medical safeguards and medical service programs:
48	48	19 a. Written policies and procedures regarding member/guest safety
49	49	20 b. Emergency response procedures
50	50	21 c. Individualized health assessments
51	51	22 d. Disease management and prevention programs
52	52	23 e. Lifestyle change/health-risk reduction programs
53	53	24 f. Physical therapy, post-operative/injury
54	54	25 g. Physical therapy continued care program
55	55	26 h. Implementation and maintenance of a Medical Advisory Board 3 of 7
56	56	27 i. Medical Advisory Board (“MAB”) is group of healthcare professionals headed
57	57	28by a Medical Director that meet on at least a quarterly basis for the
58	58	29 purpose of reviewing and providing professional oversight for all
59	59	30aforementioned medical applications: The members of the MAB should be
60	60	31 recognized experts in their field. Their combined experience and valued
61	61	32insights should direct the facility in all efforts to enhance all existing wellness
62	62	33 programs as well as maintain and improve the safety protocols for current
63	63	34participants. The MAB also plays a large part in determining what new
64	64	35 services and or lifestyle improvement programs may be needed or valuable to
65	65	36neighboring communities and the client/patient community.
66	66	37 i. Medical Director
67	67	38 i. The Medical Director is a licensed medical physician who sits on the
68	68	39Medical Advisory Board and oversees, directs and reviews all communications
69	69	40 with the MAB.
70	70	41 ii. The Medical Director is responsible for the safe and appropriate
71	71	42application of all medical programs within the facility.
72	72	43 3. Staffing Requirements and Qualifications
73	73	44 a. All MHFF facilities are required to employ personnel in the following full-time
74	74	45positions with qualifications listed. 4 of 7
75	75	46 b. Fitness Director: must have a minimum of an Exercise Physiology or Health
76	76	47Science Degree or the equivalent.
77	77	48 c. Certified Pool Operator: Facilities with pools and/or hot tubs and Jacuzzi must
78	78	49have a certified pool operator.
79	79	50 d. Operations Manager: Must have a BS in Facility and or Operations Management
80	80	51with 5+ years’ experience.
81	81	52 e. Fitness Manager on Duty (“FMOD”): all facilities must employ a fitness manger
82	82	53on duty at all times of operation.
83	83	54 f. Medical Director: All facilities must have a licensed medical physician to oversee
84	84	55the MAB. The Medical Director will be responsible for overseeing the medical and behavioral
85	85	56change programs within each facility. The Medical Director will work with the MAB and facility
86	86	57management in order to coordinate various interdisciplinary teams to execute the facility’s
87	87	58medical and wellness policies, systems and agenda.
88	88	59 4. Cleaning and Hygiene Procedures: MHFF facilities must maintain and enforce the
89	89	60following cleaning protocols in accordance with the Massachusetts Safety and Standards
90	90	61Checklist
91	91	62 a. Provide ample and sufficient sanitation wipes easily accessed for members and
92	92	63staff to clean equipment before and after each individual use.
93	93	64 b. Provide ample and sufficient hand sanitation stations easily accessed for members
94	94	65and staff to consistently sanitize their hands. 5 of 7
95	95	66 c. Staff is required to spray down equipment with EPA approved disinfectant at
96	96	67scheduled times throughout the day to maintain optimal safety and cleanliness. Staff must log
97	97	68and track cleaning times.
98	98	69 d. Staff will disinfect high touch, high use areas consistently throughout the day,
99	99	70with EPA approved N list cleaning product and log and track times.
100	100	71 e. Increase cleaning staff to maintain and enable consistent, thorough and
101	101	72continuous facility sanitization.
102	102	73 5. Air Quality and Control
103	103	74 a. MHFF facilities will be required to purchase, install and continuously operate non-
104	104	75thermal plasma self-contained electronic air and surface decontamination unit(s)
105	105	76 b. Said unit(s) shall have the capacity to eradicate bacteria, viruses, mold and odor at an
106	106	77average reduction rate of 90% in the air and 95% on surfaces in large occupied spaces by
107	107	78creating oxidized molecules from ambient air using non-thermal plasma technology
108	108	79 c. Said unit(s) will not use chemicals in any aspect of operation and will comply with
109	109	80USDA National Organic Standards (7 CFR Part 205)
110	110	81 d. Said unit(s) shall be powered by standard 120 volt outlet
111	111	82 e. Said unit(s) shall have no effect on temperature or humidity of the facility
112	112	83 f. Said unit(s) shall offer continuous 24 hour treatment
113	113	84 g. Said unit(s) can be calibrated for different operations cycles 6 of 7
114	114	85 h. Said unit(s) shall be compliant with OSHA safety and air quality regulations.
115	115	86 6. Safety Standards and Required Protocols: MHFF facilities will be required to
116	116	87implement and maintain the following protocols.
117	117	88 a. Temperature must be taken for any person entering the facility. Any person with a
118	118	89measured temperature of 100 degrees Fahrenheit or higher shall not be
119	119	90 allowed to enter the facility.
120	120	91 b. Any person entering the facility must be checked in for tracing purposes. (Club
121	121	92must have a computerized check-in system.)
122	122	93 c. Facilities must maintain an updated member contact process e-mail or cell phone
123	123	94 d. Signs must be posted conspicuously throughout required spaces communicating
124	124	95safety regulations and requirements for said spaces.
125	125	96 e. All new members are required to fill out a detailed health check form
126	126	97 f. Automatic External Defibrillators (AEDs) are required; one unit for every 75,000
127	127	98sq. ft. to ensure prompt and timely application.
128	128	99 g. All staff must be trained in CPR and AED use
129	129	100 h. All staff must have basic lifesaving skill certification
130	130	101 i. Facility must have and train all employees in an emergency action plan for the
131	131	102following:
132	132	103 i. Fire 7 of 7
133	133	104 ii. Health emergency
134	134	105 iii. Active shooter
135	135	106 iv. Positive COVID test
136	136	107 v. Aquatic emergency
137	137	108 j. Facility must track and document training times and trained personnel