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2 | 2 | | SENATE DOCKET, NO. 2177 FILED ON: 1/20/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1422 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Mark C. Montigny |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to improve infection control within long-term care facilities. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthPaul A. Schmid, III8th Bristol3/2/2023Christopher Hendricks11th Bristol3/2/2023 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 2177 FILED ON: 1/20/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1422 |
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18 | 18 | | By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1422) of Mark C. Montigny, Paul |
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19 | 19 | | A. Schmid, III and Christopher Hendricks for legislation to improve infection control within |
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20 | 20 | | long-term care facilities. Public Health. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 1476 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to improve infection control within long-term care facilities. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Notwithstanding any general or special law to the contrary, the department |
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32 | 32 | | 2of public health shall promulgate regulations to ensure each long-term care facility, licensed |
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33 | 33 | | 3pursuant to section 71 of chapter 111, establishes and maintains an infection prevention and |
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34 | 34 | | 4control program designed to provide a safe, sanitary, and comfortable environment and to help |
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35 | 35 | | 5prevent the development and transmission of communicable diseases and infections. Said |
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36 | 36 | | 6regulations shall include, but not be limited to, the following: |
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37 | 37 | | 7 (a) Infection prevention and control program. Each facility must establish an infection |
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38 | 38 | | 8prevention and control program that must include, at a minimum, the following elements: 2 of 4 |
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39 | 39 | | 9 (1) A system for preventing, identifying, reporting, investigating, and controlling |
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40 | 40 | | 10infections and communicable diseases for all residents, staff, volunteers, visitors, and other |
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41 | 41 | | 11individuals providing services under a contractual arrangement. |
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42 | 42 | | 12 (2) Written standards, policies, and procedures for the program, which must include, but |
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43 | 43 | | 13are not limited to: |
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44 | 44 | | 14 (i) A system of surveillance designed to identify possible communicable diseases or |
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45 | 45 | | 15infections before they can spread to other persons in the facility; |
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46 | 46 | | 16 (ii) When and to whom possible incidents of communicable disease or infections should |
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47 | 47 | | 17be reported; |
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48 | 48 | | 18 (iii) Standard and transmission-based precautions to be followed to prevent spread of |
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49 | 49 | | 19infections; |
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50 | 50 | | 20 (iv) When and how isolation should be used for a resident; including but not limited to: |
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51 | 51 | | 21 (A) The type and duration of the isolation, depending upon the infectious agent or |
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52 | 52 | | 22organism involved, and |
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53 | 53 | | 23 (B) A requirement that the isolation should be the least restrictive possible for the |
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54 | 54 | | 24resident under the circumstances. |
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55 | 55 | | 25 (v) The circumstances under which the facility must prohibit employees with a |
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56 | 56 | | 26communicable disease or infected skin lesions from direct contact with residents or their food, if |
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57 | 57 | | 27direct contact will transmit the disease; and 3 of 4 |
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58 | 58 | | 28 (vi) The hand hygiene procedures to be followed by staff involved in direct resident |
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59 | 59 | | 29contact. |
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60 | 60 | | 30 (3) An antibiotic stewardship program that includes antibiotic use protocols and a system |
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61 | 61 | | 31to monitor antibiotic use. |
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62 | 62 | | 32 (4) A system for recording incidents identified under the facility's infection prevention |
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63 | 63 | | 33and control program and the corrective actions taken by the facility. |
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64 | 64 | | 34 (b) Infection preventionist. The facility must designate one or more individuals as the |
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65 | 65 | | 35infection preventionist who are responsible for the facility's infection prevention and control |
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66 | 66 | | 36plan. The infection preventionist must: |
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67 | 67 | | 37 (1) Have primary professional training in nursing, medical technology, microbiology, |
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68 | 68 | | 38epidemiology, or other related healthcare field; |
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69 | 69 | | 39 (2) Be qualified by education, training, experience or certification; |
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70 | 70 | | 40 (3) Work full-time at the facility; and |
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71 | 71 | | 41 (4) Have completed specialized training in infection prevention and control. |
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72 | 72 | | 42 (c) Infection prevention training for staff and volunteers. The individual designated as the |
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73 | 73 | | 43infection preventionist, or at least one of the individuals if there is more than one infection |
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74 | 74 | | 44preventionist, must provide orientation and annual in-service training to all staff, including |
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75 | 75 | | 45temporary staff and volunteers, on infection control policies and procedures. The infection |
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76 | 76 | | 46preventionist shall document the date and time of said training for each staff person and report to |
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77 | 77 | | 47the department not less than once per calendar year. 4 of 4 |
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78 | 78 | | 48 SECTION 2. The department shall promulgate regulations pursuant to this Act no later |
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79 | 79 | | 49than 180 days from passage. |
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