Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4739 Latest Draft

Bill / Introduced Version Filed 07/01/2024

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HOUSE . . . . . . . . No. 4739
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, July 1, 2024.
The committee on Public Health, to whom were referred the petition 
(accompanied by bill, House, No. 303) of Colleen M. Garry relative to 
sonographers and vascular technologists; the petition (accompanied by 
bill, House, No. 471) of William J. Driscoll, Jr., relative to requiring 
immunizations against preventable diseases for school admittance; the 
petition (accompanied by bill, House, No. 582) of Michael J. Soter and 
others relative to the protection of medical exemptions for immunizations 
for school attendance; the petition (accompanied by bill, House, No. 642) 
of Mathew J. Muratore and others relative to short-term inpatient skilled 
nursing and rehabilitation services for persons twenty-two years of age or 
younger; the petition (accompanied by bill, House, No. 2122) of James 
Arciero relative to certainty of continuing education for chiropractors; the 
petition (accompanied by bill, House, No. 2123) of Bruce J. Ayers for an 
investigation by a special commission (including members of the General 
Court) to study the use, disposal, and potential re-use of durable medical 
equipment in hospitals and care facilities under the jurisdiction of the 
Commonwealth; the petition (accompanied by bill, House, No. 2124) of 
Bruce J. Ayers relative to emergency epinephrine pens in schools; the 
petition (accompanied by bill, House, No. 2125) of Bruce J. Ayers that the 
Department of Public Health be directed to study the feasibility of 
absorbing oversight of “memory care” assisted living facilities and units in 
the Commonwealth; the petition (accompanied by bill, House, No. 2126) 
of Bruce J. Ayers relative to the civilian certification of military medical 
personnel; the petition (accompanied by bill, House, No. 2127) of Bruce J. 
Ayers relative to HIV antibody or antigen testing; the petition 
(accompanied by bill, House, No. 2128) of Bruce J. Ayers and others for 
legislation to further regulate annual workplace safety training for home 
healthcare workers; the petition (accompanied by bill, House, No. 2133) 
of Christine P. Barber, Lindsay N. Sabadosa and others relative to 
hormonal contraceptives; the petition (accompanied by bill, House, No. 
2136) of Donald R. Berthiaume, Jr., relative to cardiopulmonary  2 of 8
resuscitation recertification; the petition (accompanied by bill, House, No. 
2137) of David Biele relative to student safety in interscholastic athletic 
activities; the petition (accompanied by bill, House, No. 2139) of Nicholas 
A. Boldyga relative to patient access to certain health care services; the 
petition (accompanied by bill, House, No. 2140) of Nicholas A. Boldyga 
relative to administering and dispensing controlled substances by certain 
practitioners; the petition (accompanied by bill, House, No. 2141) of 
Daniel Cahill relative to tobacco harm-reduction; the petition 
(accompanied by bill, House, No. 2142) of Michael Drinan relative to the 
presence of chaperones during certain medical examinations; the petition 
(accompanied by bill, House, No. 2144) of Gerard J. Cassidy relative to 
multidisciplinary 	health care teams and further regulating advanced 
practice nurses; the petition (accompanied by bill, House, No. 2145) of 
Gerard J. Cassidy relative to truth in advertising by certain health care 
practitioners; the petition (accompanied by bill, House, No. 2149) of 
Daniel M. Donahue and others for legislation to ensure safe medication 
administration; the petition (accompanied by bill, House, No. 2153) of 
William J. Driscoll, Jr., relative to the licensing of home kitchens; the 
petition (accompanied by bill, House, No. 2154) of William J. Driscoll, 
Jr., relative to establishing a task force to study the sustainability of 
emergency medical services; the petition (accompanied by bill, House, 
No. 2155) of William J. Driscoll, Jr., for legislation to create an at home 
test reporting system; the petition (accompanied by bill, House, No. 2156) 
of William J. Driscoll, Jr., relative to enhancing statewide hospital 
capacity coordination; the petition (accompanied by bill, House, No. 2157) 
of Michelle M. DuBois relative to the burning of construction and 
demolition waste as biofuel and further regulating the permitting or 
operation of energy-generating 	facilities; the petition (accompanied by 
bill, House, No. 2158) of Tricia Farley-Bouvier, Vanna Howard and Mary 
S. Keefe that the Department of Public Health add electromagnetic 
sensitivity (EMS) to the list of diseases dangerous to the public health; the 
petition (accompanied by bill, House, No. 2159) of Kimberly N. Ferguson 
and others that the Department of Public Health be directed to implement 
a food labeling program for commercially caught, landed and sold 
saltwater fish; the petition (accompanied by bill, House, No. 2160) of 
Kimberly N. Ferguson and others that the board of registration of 
psychologists be authorized to promulgate regulations relative to the 
reciprocity of psychologists; the petition (accompanied by bill, House, No. 
2161) of Michael J. Finn for legislation to further regulate emergency or 
non-emergent medical transport services; the petition (accompanied by  3 of 8
bill, House, No. 2165) of Carole A. Fiola and Paul A. Schmid, III that the 
Office of Medicaid be authorized to require laboratories providing 
toxicology testing to demonstrate functional and operational test-
utilization and test-frequency control programs; the petition (accompanied 
by bill, House, No. 2166) of Paul K. Frost for legislation to prohibit local 
boards of health from banning the sale of tobacco products sold legally in 
the Commonwealth; the petition (accompanied by bill, House, No. 2167) 
of Paul K. Frost for legislation to require restaurants to identify for 
customers the presence and origin of food allergens contained in the list of 
products offered by such restaurants; the petition (accompanied by bill, 
House, No. 2168) of William C. Galvin and Carol A. Doherty for 
legislation to authorize emergency medical technicians to restrain patients 
who present immediate or serious threats of bodily harm to themselves or 
others; the petition (accompanied by bill, House, No. 2170) of William C. 
Galvin and others that the Department of Public Health be authorized to 
establish a Parkinson's disease public information and education program; 
the petition (accompanied by bill, House, No. 2171) of Danae Isbister 
relative to non-medical healthcare expenses related to prevention of 
disease; the petition (accompanied by bill, House, No. 2172) of Sean 
Garballey and Christine P. Barber relative to oral health examinations for 
public school students; the petition (accompanied by bill, House, No. 
2174) of Sean Garballey and others relative to liability protection for 
disaster volunteers; the petition (accompanied by bill, House, No. 2179) of 
Colleen M. Garry relative to testing persons convicted of sexual assault for 
the HIV virus; the petition (accompanied by bill, House, No. 2180) of 
Colleen M. Garry for legislation to require the screening of newborns for 
Krabbe Disease and other lysomal storage disorders; the petition 
(accompanied by bill, House, No. 2184) of Carmine Lawrence Gentile and 
others relative to authorizing pharmacists to provide opioid use disorder 
treatment; the petition (accompanied by bill, House, No. 2185) of Susan 
Williams Gifford and Joseph D. McKenna relative to the charitable 
donation of not readily marketable food; the petition (accompanied by bill, 
House, No. 2188) of Patricia A. Haddad for legislation to establish an 
interscholastic athletic head injury safety training program within the 
Department of Public Health; the petition (accompanied by bill, House, 
No. 2189) of Richard M. Haggerty relative to utilization of the 
prescription monitoring program; the petition (accompanied by bill, 
House, No. 2191) of James K. Hawkins for legislation to prohibit smoking 
in motor vehicles in which young children are passengers; the petition 
(accompanied by bill, House, No. 2192) of James K. Hawkins and others  4 of 8
for legislation to protect patients and healthcare workers from exposure to 
surgical smoke; the petition (accompanied by bill, House, No. 2193) of 
Natalie M. Higgins, Jack Patrick Lewis and others relative to expanding 
after-death options and the disposal of human bodies; the petition 
(accompanied by bill, House, No. 2196) of Natalie M. Higgins and others 
relative to registered nurse patient assignment; the petition (accompanied 
by bill, House, No. 2199) of Steven S. Howitt relative to exempting barber 
shops from certain system sewage flow design criteria; the petition 
(accompanied by bill, House, No. 2201) of Bradley H. Jones, Jr., Hannah 
Kane and others relative to authorizing the Department of Public Health to 
provide guidance to businesses regarding best practices for food donation; 
the petition (accompanied by bill, House, No. 2202) of Bradley H. Jones, 
Jr., and others relative to establishing a commission (including members 
of the General Court) to study the encouragement of organ donation; the 
petition (accompanied by bill, House, No. 2203) of Hannah Kane, Carole 
A. Fiola and others relative to informed consent for concurrent surgical 
procedures; the petition (accompanied by bill, House, No. 2205) of 
Hannah Kane and others relative to date labels on food packaging of 
products; the petition (accompanied by bill, House, No. 2206) of Patrick 
Joseph Kearney for legislation to permit the scattering of unclaimed 
cremated remains at sea; the petition (accompanied by bill, House, No. 
2212) of Kay Khan for legislation to establish a nursing advisory board 
within the Executive Office of Health and Human Services; the petition 
(accompanied by bill, House, No. 2214) of Kay Khan relative to 
establishing a special commission (including members of the General 
Court) on quality patient outcomes and professional nursing practice; the 
petition (accompanied by bill, House, No. 2216) of Kay Khan and others 
relative to the services provided by dental hygienists; the petition 
(accompanied by bill, House, No. 2217) of Kay Khan and others relative 
to limited service clinics; the petition (accompanied by bill, House, No. 
2219) of Kathleen R. LaNatra and Christopher Hendricks relative to 
certified medical assistant administration of immunization; the petition 
(accompanied by bill, House, No. 2221) of John J. Lawn, Jr., and others 
that the Department of Public Health establish a voluntary certification 
training program for care of certain patients with intellectual and 
developmental disabilities including autism; the petition (accompanied by 
bill, House, No. 2223) of David Henry Argosky LeBoeuf, Vanna Howard 
and others relative to the lead law and promoting equal access to lead-free 
housing; the petition (accompanied by bill, House, No. 2227) of David 
Paul Linsky relative to registered nurse first assistants; the petition  5 of 8
(accompanied by bill, House, No. 2228) of Jay D. Livingstone and 
Michelle M. DuBois for legislation to protect toddlers from lead exposure; 
the petition (accompanied by bill, House, No. 2230) of Jay D. Livingstone 
relative to smoking in multi-unit residential buildings; the petition 
(accompanied by bill, House, No. 2232) of Marc T. Lombardo and Joan 
Martorella relative to dental service quotes; the petition (accompanied by 
bill, House, No. 2235) of Joseph D. McKenna, Colleen M. Garry and 
Michael J. Soter relative to procedures for prescribing or dispensing pain 
medications in emergency rooms to certain persons on probation; the 
petition (accompanied by bill, House, No. 2236) of Joseph D. McKenna 
and others for legislation relative to LSDs (Lysosomal Storage Disorders) 
in infants; the petition (accompanied by bill, House, No. 2238) of Lenny 
Mirra relative to permitting ambulances to transport patients to urgent care 
centers; the petition (accompanied by bill, House, No. 2239) of Lenny 
Mirra relative to the use of urgent care centers by MassHealth patients; the 
petition (accompanied by bill, House, No. 2240) of Samantha Montaño 
relative to providing access to patient protection services for all residents; 
the petition (accompanied by bill, House, No. 2241) of Frank A. Moran, 
Manny Cruz and others relative to enabling trained dental hygienists to 
administer dermal fillers and botox; the petition (accompanied by bill, 
House, No. 2242) of Luke Soojian relative to board of public health 
permitting for removal or transportation of refuse; the petition 
(accompanied by bill, House, No. 2249) of Edward R. Philips relative to 
the availability of prescription medication during an emergency; the 
petition (accompanied by bill, House, No. 2250) of Edward R. Philips and 
others for legislation to improve outcomes for sudden cardiac arrest by 
providing additional safeguards and resources; the petition (accompanied 
by bill, House, No. 2251) of Edward R. Philips and others that the 
Department of Public Health, the Health Policy Commission and the 
Center for Health Information Analysis study current access to essential 
health services; the petition (accompanied by bill, House, No. 2255) of 
Smitty Pignatelli and others that public health dental hygienists be able to 
bill third-party insurance carriers for services provided; the petition 
(accompanied by bill, House, No. 2257) of David Allen Robertson for 
legislation to establish the environmental public health trust fund for 
cancer surveillance and environmental data collection within the 
Department of Public Health; the petition (accompanied by bill, House, 
No. 2258) of David M. Rogers, Steven Owens and others relative to 
improving environmental conditions to reduce asthma in schools; the 
petition (accompanied by bill, House, No. 2259) of David M. Rogers for  6 of 8
legislation to establish a division of indoor environments within the 
Department of Public Health; the petition (accompanied by bill, House, 
No. 2272) of Aaron L. Saunders relative to physician licensure; the 
petition (accompanied by bill, House, No. 2274) of Todd M. Smola 
relative to disclosures of certain hazards in well water; the petition 
(accompanied by bill, House, No. 2275) of Priscila S. Sousa for legislation 
to increase the accountability of hospitals that interrupt or divert required 
services; the petition (accompanied by bill, House, No. 2276) of Thomas 
M. Stanley relative to the labeling information for commercially caught 
fish; the petition (accompanied by bill, House, No. 2281) of Andres X. 
Vargas and others relative to the development and posting of guidelines 
and other relevant materials to inform and educate students about the 
symptoms and warning signs of heart disease; the petition (accompanied 
by bill, House, No. 2282) of Marcus S. Vaughn for legislation to authorize 
trauma kits, so-called, and trained designees in certain public buildings; 
the petition (accompanied by bill, House, No. 2283) of Jenna Orlando for 
legislation to regulate changes to previously issued birth certificates; the 
petition (accompanied by bill, House, No. 2284) of Tommy Vitolo and 
others relative to the adoption of names upon marriage; the petition 
(accompanied by bill, House, No. 3574) of Nicholas A. Boldyga relative 
to the use of a certain prescription medication used in psychotherapy and 
the treatment of post-traumatic stress disorder; the petition (accompanied 
by bill, House, No. 3604) of Bruce J. Ayers that the Department of Public 
Health study the feasibility of incentivizing inpatient psychiatric hospitals 
to admit patients directly from community behavioral health centers; the 
petition (accompanied by bill, House, No. 3606) of Gerard J. Cassidy and 
others relative to the use of the term physician; the petition (accompanied 
by bill, House, No. 3607) of Gerard J. Cassidy relative to the exposure of 
public safety officials to HIV; the petition (accompanied by bill, House, 
No. 3609) of Tackey Chan and others relative to translated certified nurses 
assistant exams; the petition (accompanied by bill, House, No. 3610) of 
Rob Consalvo and Ruthzee Louijeune relative to commercial disposal 
containers for the disposal of solid waste; the petition (accompanied by 
bill, House, No. 3615) of Edward F. Coppinger relative to the definition of 
health care adverse outcome disclosure, apology and early offer programs; 
the petition (accompanied by bill, House, No. 3617) of Mark J. Cusack 
relative to the joint negotiation prohibition for integrated systems in health 
care; the petition (accompanied by bill, House, No. 3619) of Michael S. 
Day for legislation to prohibit the participation of healthcare professionals 
in the torture and abuse of prisoners; the petition (accompanied by bill,  7 of 8
House, No. 3620) of Vincent L. Dixon relative to nursing and health care 
worker staffing levels; the petition (accompanied by bill, House, No. 
3621) of Vincent L. Dixon for legislation to encourage and improve the 
level of availability of physicians; the petition (accompanied by bill, 
House, No. 3624) of Marjorie C. Decker and Joanne M. Comerford 
relative to findings and reports of medical examiners performing autopsies 
on children under the age of two; the petition (accompanied by bill, 
House, No. 3633) of Andres X. Vargas relative to lead pipe safety; the 
petition (accompanied by bill, House, No. 3765) of Todd M. Smola for 
legislation to further regulate community-based 	health initiative 
requirements for the construction of certain nursing facilities; the petition 
(accompanied by bill, House, No. 3946) of Shirley B. Arriaga relative to 
regulating medical imaging and radiation therapy; the petition 
(accompanied by bill, House, No. 4015) of Lindsay N. Sabadosa and Paul 
W. Mark for an investigation and study by the Executive Office of Health 
and Human Services of payment models, uniform assessment and 
nonpublic emergency ambulance assessed charges set for nonpublic 
ambulance service; and the petition (accompanied by bill, House, No. 
4098) of William J. Driscoll, Jr., relative to the protection of the public 
health through the regulation of indoor air quality within public buildings, 
reports recommending that the accompanying order (House, No. 4739) 
ought to be adopted.
For the committee,
MARJORIE C. DECKER. 8 of 8
HOUSE . . . . . . . . . . . . . . . No. 4739
The Commonwealth of Massachusetts
House of Representatives, July 01, 2024.
1 Ordered, That the committee on Public Health be authorized to sit during a recess of the 
2General Court to make an investigation and study of House documents numbered 303, 471, 582, 
3642, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2133, 2136, 2137, 2139, 2140, 2141, 2142, 
42144, 2145, 2149, 2153, 2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2165, 2166, 2167, 
52168, 2170, 2171, 2172, 2174, 2179, 2180, 2184, 2185, 2188, 2189, 2191, 2192, 2193, 2196, 
62199, 2201, 2202, 2203, 2205, 2206, 2212, 2214, 2216, 2217, 2219, 2221, 2223, 2227, 2228, 
72230, 2232, 2235, 2236, 2238, 2239, 2240, 2241, 2242, 2249, 2250, 2251, 2255, 2257, 2258, 
82259, 2272, 2274, 2275, 2276, 2281, 2282, 2283, 2284, 3574, 3604, 3606, 3607, 3609, 3610, 
93615, 3617, 3619, 3620, 3621, 3624, 3633, 3765, 3946, 4015 and 4098, relative to 
10immunizations, dental health, health care workers and other related matters.
11 Said committee shall report to the General Court the results of its investigation and study 
12and its recommendations, if any, together with drafts of legislation necessary to carry such 
13recommendations into effect, by filing the same with the Clerk of the House of Representatives 
14on or before December 31, 2024.