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