Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4930 Compare Versions

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

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4930
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, July 29, 2024.
5	5	The committee on Public Health, to whom was referred the petition
6	6	(accompanied by bill, House, No. 2237) of Paul McMurtry relative to
7	7	medical health and fitness facilities, reports recommending that the
8	8	accompanying bill (House, No. 4930) ought to pass.
9	9	For the committee,
10	10	MARJORIE C. DECKER. 1 of 6
11	11	FILED ON: 7/29/2024
12	12	HOUSE . . . . . . . . . . . . . . . No. 4930
13	13	The Commonwealth of Massachusetts
14	14	_______________
15	15	In the One Hundred and Ninety-Third General Court
16	16	(2023-2024)
17	17	_______________
18	18	An Act relative to medical health and fitness facilities.
19	19	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
20	20	of the same, as follows:
21	21	1 SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after
22	22	2section 237 the following section:
23	23	3 Section 238. (A) As used in this section the following words shall have the following
24	24	4meaning unless the context clearly requires otherwise – “Medical Health and Fitness Facilities”
25	25	5(“MHFF”) are defined as any wellness facility that has created protocols and operating
26	26	6procedures which all such facilities will need to achieve and maintain in order to be recognized
27	27	7as such a facility by the Department.
28	28	8 (B)Medical Health and Fitness Facilities as recognized by the Department must adhere to
29	29	9and achieve the following safety standards and facility specifications and requirements:
30	30	10
31	31	11 1. Medical Application Standards: MHFF facilities must maintain, adhere to and
32	32	12provide for all of the following medical safeguards and medical service programs: 2 of 6
33	33	13 a. Written policies and procedures regarding member/guest safety
34	34	14 b. Emergency response procedures
35	35	15 c. Individualized health and mental health assessments
36	36	16 d. Disease management and prevention programs
37	37	17 e. Lifestyle change/health-risk and chronic pain reduction programs
38	38	18 f. Physical therapy, post-operative/injury
39	39	19 g. Physical therapy continued care program
40	40	20 h. Implementation and maintenance of a Medical Advisory Board
41	41	21 i. Mental health referral program
42	42	22 i. Medical Advisory Board (“MAB”) is group of healthcare professionals headed
43	43	23by a Medical Director that meet on at least a quarterly basis for the
44	44	24 purpose of reviewing and providing professional oversight for all
45	45	25aforementioned medical applications: The members of the MAB should be
46	46	26 recognized experts in their field. Their combined experience and valued
47	47	27insights should direct the facility in all efforts to enhance all existing wellness
48	48	28 programs as well as maintain and improve the safety protocols for current
49	49	29participants. The MAB also plays a large part in determining what new
50	50	30 services and or lifestyle improvement programs may be needed or valuable to
51	51	31neighboring communities and the client/patient community. 3 of 6
52	52	32 i. Medical Director
53	53	33 i. The Medical Director is a licensed medical physician who sits on the
54	54	34Medical Advisory Board and oversees, directs and reviews all communications
55	55	35 with the MAB.
56	56	36 ii. The Medical Director is responsible for the safe and appropriate
57	57	37application of all medical programs within the facility.
58	58	38 3. Staffing Requirements and Qualifications
59	59	39 a. All MHFF facilities are required to employ personnel in the following full-time
60	60	40positions with qualifications listed.
61	61	41 b. Fitness Director: must have a minimum of an Exercise Physiology or Health
62	62	42Science Degree or the equivalent.
63	63	43 c. Certified Pool Operator: Facilities with pools and/or hot tubs and Jacuzzi must
64	64	44have a certified pool operator.
65	65	45 d. Operations Manager: Must have a BS in Facility and or Operations Management
66	66	46with 5+ years of experience.
67	67	47 e. Fitness Manager on Duty (“FMOD”): all facilities must employ a fitness manger
68	68	48on duty at all times of operation.
69	69	49 f. Medical Director: All facilities must have a licensed medical physician to oversee
70	70	50the MAB. The Medical Director will be responsible for overseeing the medical and behavioral
71	71	51change programs within each facility. The Medical Director will work with the MAB and facility 4 of 6
72	72	52management in order to coordinate various interdisciplinary teams to execute the facility’s
73	73	53medical and wellness policies, systems and agenda.
74	74	54 4. Cleaning and Hygiene Procedures: MHFF facilities must maintain and enforce the
75	75	55following cleaning protocols in accordance with the Massachusetts Safety and Standards
76	76	56Checklist
77	77	57 a. Provide ample and sufficient sanitation wipes easily accessed for members and
78	78	58staff to clean equipment before and after each individual use.
79	79	59 b. Provide ample and sufficient hand sanitation stations easily accessed for members
80	80	60and staff to consistently sanitize their hands.
81	81	61 c. Staff is required to spray down equipment with EPA approved disinfectant at
82	82	62scheduled times throughout the day to maintain optimal safety and cleanliness. Staff must log
83	83	63and track cleaning times.
84	84	64 d. Staff will disinfect high touch, high use areas consistently throughout the day,
85	85	65with EPA approved N list cleaning product and log and track times.
86	86	66 e. Increase cleaning staff to maintain and enable consistent, thorough and
87	87	67continuous facility sanitization.
88	88	68 5. Air Quality and Control
89	89	69 a. MHFF facilities will be required to purchase, install and continuously operate non-
90	90	70thermal plasma self-contained electronic air and surface decontamination unit(s) 5 of 6
91	91	71 b. Said unit(s) shall have the capacity to eradicate bacteria, viruses, mold and odor at an
92	92	72average reduction rate of 90% in the air and 95% on surfaces in large occupied spaces by
93	93	73creating oxidized molecules from ambient air using non-thermal plasma technology
94	94	74 c. Said unit(s) will not use chemicals in any aspect of operation and will comply with
95	95	75USDA National Organic Standards (7 CFR Part 205)
96	96	76 d. Said unit(s) shall be powered by standard 120 volt outlet
97	97	77 e. Said unit(s) shall have no effect on temperature or humidity of the facility
98	98	78 f. Said unit(s) shall offer continuous 24 hour treatment
99	99	79 g. Said unit(s) can be calibrated for different operations cycles
100	100	80 h. Said unit(s) shall be compliant with OSHA safety and air quality regulations.
101	101	81 6. Safety Standards and Required Protocols: MHFF facilities will be required to
102	102	82implement and maintain the following protocols.
103	103	83 a. Facilities must maintain an updated member contact process e-mail or cell phone.
104	104	84 b. Signs must be posted conspicuously throughout required spaces communicating
105	105	85safety regulations and requirements for said spaces.
106	106	86 c. All new members are required to fill out a detailed health check form.
107	107	87 d. Automatic External Defibrillators (AEDs) are required; one unit for every 75,000
108	108	88sq. ft. to ensure prompt and timely application.
109	109	89 e. All staff must be trained in CPR and AED use 6 of 6
110	110	90 f. All staff must have basic lifesaving skill certification
111	111	91 g. Facility must have and train all employees in an emergency action plan for the
112	112	92following:
113	113	93 i. Fire
114	114	94 ii. Health emergency
115	115	95 iii. Active shooter
116	116	96 iv. Aquatic emergency
117	117	97 h. Facility must track and document training times and trained personnel
118	118	98 SECTION 2. The department of public health shall produce an application and any
119	119	99necessary regulations. The department, within 150 days of receipt of the Medical Health and
120	120	100Fitness Facility application pursuant to this act, render a final decision denying or granting a
121	121	101certificate.  The department shall grant a facility a certificate to operate as a Medical Health and
122	122	102Fitness Facility pursuant to this act if, upon receipt of the application, if the department finds
123	123	103that: (i) the granting of such certificate would be consistent with the best interests of the public
124	124	104health, welfare or safety; and (ii) the facility is in compliance with the requirements of this act
125	125	105and applicable regulations.  A certification shall last for a period of 24 months from the date of
126	126	106receipt.