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2 | 2 | | SENATE DOCKET, NO. 2289 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1637 |
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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 | | John C. Velis, (BY REQUEST) |
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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 wiring medical facilities, nursing homes, and medical training to support safer |
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13 | 13 | | electromagnetic radiation exposures and to support reduction of other environmental hazards. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :Kirstin Beatty149 Central Park Drive, Holyoke, MA |
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17 | 17 | | 01040 1 of 24 |
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18 | 18 | | SENATE DOCKET, NO. 2289 FILED ON: 1/17/2025 |
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19 | 19 | | SENATE . . . . . . . . . . . . . . No. 1637 |
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20 | 20 | | By Mr. Velis (by request), a petition (accompanied by bill, Senate, No. 1637) of Kirstin Beatty, |
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21 | 21 | | for legislation to require medical facilities and nursing homes to support safer electromagnetic |
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22 | 22 | | radiation exposures and to support reduction of other environmental hazards through facility |
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23 | 23 | | wiring and training. Public Health. |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act wiring medical facilities, nursing homes, and medical training to support safer |
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30 | 30 | | electromagnetic radiation exposures and to support reduction of other environmental hazards. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Whereas, physicians and nurses should help prevent harm from non- |
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34 | 34 | | 2ionizing radiation (e.g. wireless), mold, excessive screen time, local pollutants, and recalled or |
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35 | 35 | | 3toxic products. |
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36 | 36 | | 4 Whereas, medical professionals would benefit from continuing education on toxins that |
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37 | 37 | | 5cause illness, but should be exempted where inapplicable to specialty or where expert. |
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38 | 38 | | 6 Whereas, non-ionizing radiation is significantly linked to leukemia and lymphoma, so |
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39 | 39 | | 7reducing such exposures should be a part of treatment and insurance coverage. |
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40 | 40 | | 8 Whereas, medical providers and nursing homes should progressively limit non-ionizing |
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41 | 41 | | 9radiation technology exposures as part of quality control measures, because numerous peer- 2 of 24 |
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42 | 42 | | 10reviewed studies demonstrate such exposures contribute to dementias, cancers, numerous chronic |
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43 | 43 | | 11illness, and to feeling unwell. |
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44 | 44 | | 12 Whereas, nutritional imbalances can be caused by toxic exposures and can contribute to |
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45 | 45 | | 13pathological conditions, such that nutritional analysis and supplementation such as with |
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46 | 46 | | 14antioxidants should be a part of treatment and insurance coverage. |
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47 | 47 | | 15 Resolved, that the policy goals of this act are to: |
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48 | 48 | | 16 (a) address electromagnetic radiation exposures from technology in medical facility and |
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49 | 49 | | 17nursing home exposures with medical training, guidance, and progressive limits and monitoring |
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50 | 50 | | 18that align with recommendations in the scientific literature and that of expert groups such as the |
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51 | 51 | | 19Building Biology Institute and the International Commission on the Biological Effects of |
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52 | 52 | | 20Electromagnetic Fields; |
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53 | 53 | | 21 (b) update medical training to insure medical professionals in relevant fields are kept |
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54 | 54 | | 22current regarding and acknowledge digital addiction, potential toxicities in consumer products, |
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55 | 55 | | 23and mold hazards; |
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56 | 56 | | 24 (c) update medical insurance to support medical evaluation, treatment and guidance |
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57 | 57 | | 25regarding environmental hazards such as digital addiction, plastics, electromagnetic radiation, |
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58 | 58 | | 26and ensuing pathological nutritional deficiences; and |
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59 | 59 | | 27 (d) to reorganize the disorganized section 2 of chapter 112 only for organizational |
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60 | 60 | | 28purposes without modifying content. |
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61 | 61 | | 29 SECTION 2. Chapter 111 of the General Laws is hereby amended by inserting after |
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62 | 62 | | 30section 72BB the following new section:- 3 of 24 |
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63 | 63 | | 31 Section 72CC. (a) Definitions. As used in this section, the following word shall have the |
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64 | 64 | | 32following meaning: |
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65 | 65 | | 33 “Building Biology electromagnetic radiation specialist” refers to an electromagnetic |
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66 | 66 | | 34radiation specialist certified by the Building Biology Institute, a 501(c)(3) founded in Florida in |
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67 | 67 | | 351987 based on the German principles of Building Biology. |
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68 | 68 | | 36 (b) Each convalescent and nursing home, infirmary maintained in towns, rest home, |
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69 | 69 | | 37charitable home for the aged, and intermediate care facility for the mentally retarded shall create |
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70 | 70 | | 38a master plan to reduce non-ionizing radiation in the facility and shall keep records of its |
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71 | 71 | | 39progress. The master plan, including progress towards completion, shall be a public record and |
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72 | 72 | | 40shall be freely available for viewing. |
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73 | 73 | | 41 (c) Inspection and enforcement. The department or its agents and the board of health or |
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74 | 74 | | 42its agents of the city or town where any portion of a convalescent home or nursing home, |
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75 | 75 | | 43infirmary maintained in a town, rest home, charitable home for the aged, or intermediate care |
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76 | 76 | | 44facility for persons with an intellectual disability is located may visit and inspect the master plan |
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77 | 77 | | 45and such institution at any time. |
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78 | 78 | | 46 Any person making an inspection under authority of this section shall record in writing |
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79 | 79 | | 47every violation which he finds of the applicable provisions, including lack of progress, good |
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80 | 80 | | 48faith, or compliance. Every record of inspection so made shall be treated as a public record |
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81 | 81 | | 49except to such extent as the record or a portion thereof is expressly exempt from such treatment |
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82 | 82 | | 50under section seven of chapter four, and said violations shall be made public at the same time |
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83 | 83 | | 51that a written plan of correction is submitted. 4 of 24 |
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84 | 84 | | 52 If a written plan of correction is not submitted within the allowable time, said violations |
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85 | 85 | | 53shall be made public at the expiration of the allowable time. Inspections shall be unannounced |
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86 | 86 | | 54and made at such intervals as the department shall specify in its rules and regulations, but at least |
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87 | 87 | | 55twice per annum. A visit made to a facility for the purpose of providing consultation shall not be |
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88 | 88 | | 56considered to be an inspection. |
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89 | 89 | | 57 The superior court shall have jurisdiction in equity to enforce the rules and regulations |
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90 | 90 | | 58promulgated under this section. |
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91 | 91 | | 59 (d) Master Plan provisions. Every master plan shall describe a plan that sets objectives |
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92 | 92 | | 60and a reasonable timeline to reduce non-ionizing radiation in the facility. Each master plan shall |
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93 | 93 | | 61be designed to provide, while attending to other needs of the facility, the financial resources and |
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94 | 94 | | 62attention necessary to swiftly reduce non-ionizing radiation exposures that are (1) harmful; (2) |
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95 | 95 | | 63potentially harmful; and (3) unintentional, prioritizing the former. |
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96 | 96 | | 64 A checklist and documentation shall be kept of the successful completion of each |
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97 | 97 | | 65objective as part of the Master Plan. For each objective remaining, an explanation shall be |
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98 | 98 | | 66provided as to why the objective has not been completed. |
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99 | 99 | | 67 While additional objectives may be included by the institution, the following objectives |
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100 | 100 | | 68shall be required. |
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101 | 101 | | 69 (1) Hard-wire Internet connections; |
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102 | 102 | | 70 (2) Provide useful, current education to staff on best practices to reduce non-ionizing |
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103 | 103 | | 71radiation and implement the best practices; 5 of 24 |
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104 | 104 | | 72 (3) Reduce and restrict the use of electricity, electrical circuits, and digital equipment |
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105 | 105 | | 73where unnecessary and to create areas for rest and rehabilitation. |
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106 | 106 | | 74 (4) Minimize and regulate the use of artificial light, in particular that light which by |
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107 | 107 | | 75timing or composition more greatly harms ocular health and disrupts circadian rhythms. |
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108 | 108 | | 76 (5) Provide alternatives and minimize or ideally eliminate use of and dependence upon |
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109 | 109 | | 77personal wireless devices; |
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110 | 110 | | 78 (6) Except where necessary for emergency services, remove any antennas transmitting |
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111 | 111 | | 79non-ionizing radiation, replacing with hard-wired equipment; |
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112 | 112 | | 80 (7) Insure any remaining antennas are only in remote locations, configured for minimum |
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113 | 113 | | 81radiation, and distant as ordered first from (i) sleeping quarters and rest areas, and secondly from |
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114 | 114 | | 82(ii) daily work and play areas; |
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115 | 115 | | 83 (9) To better limit and control emissions from digital equipment, provide a segregated, |
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116 | 116 | | 84monitored area for use, and encourage alternatives for record-keeping, communications, and |
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117 | 117 | | 85entertainment; |
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118 | 118 | | 86 (10) Where disabled antenna exist, provide for services or equipment to routinely check |
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119 | 119 | | 87that antenna are in fact and remain disabled. |
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120 | 120 | | 88 (11) Meet the following objectives: |
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121 | 121 | | 89 (i) As long as any wireless antennas remain and transmit, insure that such antennas are set |
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122 | 122 | | 90to emit the minimum of power density possible for the minimum time necessary; 6 of 24 |
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123 | 123 | | 91 (ii) Set an initial goal to insure non-ionizing radiation exposures in rest and social areas |
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124 | 124 | | 92fall within or below the Building Biology evaluation guidelines of slight concern; |
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125 | 125 | | 93 (iii) From the initial goal set in clause (ii), set a second goal to insure non-ionizing |
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126 | 126 | | 94radiation exposures in rest and social areas are progressively reduced to meet the Building |
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127 | 127 | | 95Biology evaluation guidelines of no concern. |
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128 | 128 | | 96 SECTION 3. Chapter 12C, as appearing in the General Laws of the 2021 Official |
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129 | 129 | | 97Edition, is hereby amended by adding after section 14 the following section:- |
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130 | 130 | | 98 Section 14A. (a) Definitions. As used in this section, the following word shall have the |
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131 | 131 | | 99following meaning: |
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132 | 132 | | 100 “Building Biology electromagnetic radiation specialist” refers to an electromagnetic |
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133 | 133 | | 101radiation specialist certified by the Building Biology Institute, a 501(c)(3) founded in Florida in |
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134 | 134 | | 1021987 based on the German principles of Building Biology. |
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135 | 135 | | 103 (b) Irrespective of all other recommendations for a standard quality measure set listed in |
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136 | 136 | | 104section 14, the following shall be required state-wide and included as part of the standard quality |
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137 | 137 | | 105measure set with regard to every health care provider facility, medical group, and provider |
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138 | 138 | | 106group. |
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139 | 139 | | 107 Standard quality control sets shall include measures for assessing, tracking, and |
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140 | 140 | | 108progressively reducing non-ionizing radiation exposures for protection of staff and patients, |
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141 | 141 | | 109including for useful education of staff. Facilities shall keep public records to show annual |
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142 | 142 | | 110remediation efforts, progress, and scores, and shall keep a public posting of scores, including |
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143 | 143 | | 111passing score gradations. Unless more stringent standards are adopted by state or federal 7 of 24 |
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144 | 144 | | 112authorities, which then shall hold sway, the following shall apply as well as the following |
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145 | 145 | | 113ratings: |
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146 | 146 | | 114 (c) An annual passing score for each paragraph specified in subsection (b) shall be listed |
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147 | 147 | | 115as “pass” along with the following terms for gradations and requirements: |
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148 | 148 | | 116 (1) “Initial action” is provided with evidence of setting in place the work necessary to |
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149 | 149 | | 117meet aims, such as arranging contracts; |
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150 | 150 | | 118 (2) “Initial measurable progress” is clear and measurable evidence of improvements from |
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151 | 151 | | 119ongoing efforts to meet the aims; |
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152 | 152 | | 120 (3) “Initial completion” is meeting the aims where further improvements are possible; |
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153 | 153 | | 121 (4) “Advanced completion” is, where relevant, exceeding the aims; and |
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154 | 154 | | 122 (5) “Excellence” is meeting the aims where further improvements are not possible. |
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155 | 155 | | 123 (d) Non-ionizing radiation objectives include the following: |
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156 | 156 | | 124 (1) Wireless reduction. As long as any wireless antennas remain and transmit, insure that |
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157 | 157 | | 125such antennas are set to emit the minimum of power density possible for the minimum time |
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158 | 158 | | 126necessary and set in remote locations; |
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159 | 159 | | 127 (2) Hard wire. Remove WiFi and other antennas transmitting non-ionizing radiation and |
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160 | 160 | | 128replacing, where necessary, with hard-wired broadband access points; |
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161 | 161 | | 129 (3) Replace. Replacement of wireless medical equipment with non-transmitting devices, |
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162 | 162 | | 130with any exceptions noted and allowed only insofar as necessary to address patient needs, on a |
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163 | 163 | | 131temporary or permanent basis; 8 of 24 |
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164 | 164 | | 132 (iv) Initial goal. Set an initial goal of insuring non-ionizing radiation exposures fall within |
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165 | 165 | | 133or below the Building Biology evaluation guidelines of slight concern, with any exceptions due |
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166 | 166 | | 134to medical equipment noted and signage placed and procedures set as appropriate to prevent |
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167 | 167 | | 135exposures above the initial Building Biology goal; |
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168 | 168 | | 136 (v) Second goal. From the initial goal set in paragraph (iv), set a second goal to insure |
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169 | 169 | | 137non-ionizing radiation exposures are progressively reduced to meet the Building Biology |
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170 | 170 | | 138evaluation guidelines of no concern, with any exceptions due to medical equipment noted and |
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171 | 171 | | 139appropriate signage placed and signage set to prevent exposures of serious concern based on the |
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172 | 172 | | 140Building Biology guidelines; |
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173 | 173 | | 141 (vi) Education. Set policies for and staff adoption of best practices for reduced and |
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174 | 174 | | 142healthier non-ionizing radiation exposures; |
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175 | 175 | | 143 (vii) Light. Minimize and regulate the use of artificial light, in particular that which by |
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176 | 176 | | 144timing or composition disrupts circadian rhythms and ocular health; and |
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177 | 177 | | 145 (viii) White zones. Develop white zones for sensitive patients and staff respite which |
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178 | 178 | | 146ideally meet a score of Excellence or Advanced Completion in all categories of paragraph (d), or |
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179 | 179 | | 147where any non-ionizing radiation exposure exists the exposure is therapeutic. |
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180 | 180 | | 148 SECTION 4. Section 74 of chapter 112 of the General Laws, as appearing in Title XVI of |
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181 | 181 | | 149Part I the 2021 Official Edition, is hereby amended by striking the last sentence and replacing as |
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182 | 182 | | 150follows:- |
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183 | 183 | | 151 The board shall support a student rating system of continuing education programs and of |
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184 | 184 | | 152educators, where choices exist. 9 of 24 |
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185 | 185 | | 153 Except where a nurse can prove expert knowledge or the topic is irrelevant to the nurse’s |
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186 | 186 | | 154medical practice, the board, in addition to any other continuing education the board deems |
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187 | 187 | | 155necessary, shall specifically require continuing education as follows. |
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188 | 188 | | 156 (1) Completion of a 1-time course of training and education on the diagnosis, treatment |
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189 | 189 | | 157and care of patients with and prevention of cognitive impairments, including, but not limited to, |
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190 | 190 | | 158Alzheimer's disease and dementia; provided, however, that this course requirement shall only |
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191 | 191 | | 159apply to nurses who serve adult populations. |
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192 | 192 | | 160 (2) Training and education on the diagnosis, treatment, education, and care of patients |
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193 | 193 | | 161with and prevention of non-ionizing radiation pathologies, including of the chemical basis for |
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194 | 194 | | 162sensitivities and biological effects. |
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195 | 195 | | 163 (3) Training and education on the diagnosis, treatment, education, and care of patients |
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196 | 196 | | 164with digital addiction or excessive screen time. |
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197 | 197 | | 165 (4) Training and education on health and the diagnosis, treatment, education, and care of |
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198 | 198 | | 166patients with regard to toxic and hazardous ingredients in consumer products, building |
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199 | 199 | | 167components and other materials used in homes and other pollutants or contaminants in |
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200 | 200 | | 168residential environments. This training shall include a review of mold-related pathologies and the |
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201 | 201 | | 169chemical basis for Multiple Chemical Sensitivity. |
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202 | 202 | | 170 SECTION 5. Section 74A of chapter 112 of the General Laws, as appearing in Title XVI |
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203 | 203 | | 171of Part I the 2021 Official Edition, is hereby amended by striking the last sentence and replacing |
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204 | 204 | | 172as follows:- 10 of 24 |
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205 | 205 | | 173 The board shall support a student rating system of continuing education programs and |
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206 | 206 | | 174educators, where choices exist. |
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207 | 207 | | 175 Except where a practical nurse can prove expert knowledge or the topic is irrelevant to |
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208 | 208 | | 176the practical nurse’s medical practice, the board, in addition to any other continuing education |
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209 | 209 | | 177the board deems necessary, shall specifically require continuing education as follows. |
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210 | 210 | | 178 (1) Completion of a 1-time course of training and education on the diagnosis, treatment |
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211 | 211 | | 179and care of patients with and prevention of cognitive impairments, including, but not limited to, |
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212 | 212 | | 180Alzheimer's disease and dementia; provided, however, that this course requirement shall only |
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213 | 213 | | 181apply to nurses who serve adult populations. |
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214 | 214 | | 182 (2) Training and education on the diagnosis, treatment, education, and care of patients |
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215 | 215 | | 183with and prevention of non-ionizing radiation pathologies, including of the chemical basis for |
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216 | 216 | | 184sensitivities and biological effects. |
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217 | 217 | | 185 (3) Training and education on the diagnosis, treatment, education, and care of patients |
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218 | 218 | | 186with digital addiction or excessive screen time. |
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219 | 219 | | 187 (4) Training and education on health and the diagnosis, treatment, education, and care of |
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220 | 220 | | 188patients with regard to toxic and hazardous ingredients in consumer products, building |
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221 | 221 | | 189components and other materials used in homes and other pollutants or contaminants in |
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222 | 222 | | 190residential environments and resources for product recalls. This training shall include a review of |
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223 | 223 | | 191mold-related pathologies and the chemical basis for Multiple Chemical Sensitivity. 11 of 24 |
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224 | 224 | | 192 SECTION 6. Section 2 of chapter 112 of the General Laws, as appearing in Title XVI of |
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225 | 225 | | 193Part I the 2021 Official Edition, is hereby amended by adding before the first word the following |
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226 | 226 | | 194subsection:- |
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227 | 227 | | 195 (a) As used in this section, the following words shall have the following meanings |
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228 | 228 | | 196 “Digital addiction” or “tech addiction” or “technology addiction” is the compulsive use |
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229 | 229 | | 197of digital technology, inability to control use, withdrawal from real life interactions, |
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230 | 230 | | 198interpersonal relations, and may include withdrawal from responsibilities, learning, or personal |
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231 | 231 | | 199care. Specialized subsets of tech addiction include video game, mobile phone, or social media |
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232 | 232 | | 200addiction. |
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233 | 233 | | 201 SECTION 3. Section 2 of chapter 112 of the General Laws, as appearing in Title XVI of |
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234 | 234 | | 202Part I the 2021 Official Edition, is hereby amended by striking the last sentence and adding the |
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235 | 235 | | 203following subsection:- |
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236 | 236 | | 204 (g) Continuing education. The board shall require that any continuing education |
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237 | 237 | | 205requirements necessary for renewal of a physician’s certificate of registration evolve based on |
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238 | 238 | | 206the sum of current knowledge, including current science, and reasonable interpretations of |
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239 | 239 | | 207scientific knowledge and clinical experience in order to advance safer treatments, health, and |
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240 | 240 | | 208limit risks. Such training shall in all cases acknowledge the actual and potential risks of time- |
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241 | 241 | | 209tested and new treatments, shall correct medical myths, and shall introduce more effective and |
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242 | 242 | | 210affordable medical treatments for prescription, recommendation, or referral as appropriate, such |
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243 | 243 | | 211as, but not limited to, nutritional therapies or acupuncture. |
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244 | 244 | | 212 The board shall insure continuing education requirements are designed in such a way as |
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245 | 245 | | 213to limit the burden upon physicians, such as by allowing exemptions where evidence of current, 12 of 24 |
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246 | 246 | | 214relevant expertise exists, where coursework is inapplicable to physician practice, and by limiting |
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247 | 247 | | 215expense or excessive demands on time. The board shall support a rating system of continuing |
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248 | 248 | | 216education and educator options, where options exist. Except where exemptions apply, the board |
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249 | 249 | | 217shall specifically require continuing education as follows. |
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250 | 250 | | 218 (1) Training and education on the diagnosis, treatment and care of patients with and |
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251 | 251 | | 219prevention of cognitive impairments, including, but not limited to, Alzheimer's disease and |
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252 | 252 | | 220dementia; provided, however, that this course requirement shall only apply to physicians who |
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253 | 253 | | 221serve adult populations. |
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254 | 254 | | 222 (2) Training and education on the diagnosis, treatment, education, and care of patients |
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255 | 255 | | 223with and prevention of non-ionizing radiation pathologies, including of the chemical basis for |
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256 | 256 | | 224sensitivities and biological effects, provided, however, that this requirement shall only apply to |
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257 | 257 | | 225and shall be tailored to relevant physician specialties, such as, but not limited to, general |
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258 | 258 | | 226practitioners and cancer specialists. |
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259 | 259 | | 227 (3) Training and education on the diagnosis, treatment, education, and care of patients |
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260 | 260 | | 228with digital addiction or excessive screen time, provided, however, that this requirement shall |
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261 | 261 | | 229only apply to relevant physician specialties, such as, but not limited to, general practitioners. |
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262 | 262 | | 230 (4) Training and education on patient health and the diagnosis, treatment, education, and |
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263 | 263 | | 231care of patients with regard to mold, consumer products, and pollutants, including the |
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264 | 264 | | 232contamination of water sources by lead, plastic derivatives, and other pollutants and with |
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265 | 265 | | 233provision of resources for product recalls. This training shall include a review of mold-related |
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266 | 266 | | 234pathologies and the chemical basis for Multiple Chemical Sensitivity. 13 of 24 |
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267 | 267 | | 235 SECTION 7. Section 2 of chapter 112 of the General Laws, as appearing in Title XVI of |
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268 | 268 | | 236Part I the 2021 Official Edition, is hereby amended by striking the first 6 paragraphs and |
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269 | 269 | | 237replacing with the following subsections:- |
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270 | 270 | | 238 (a) Applications and board of registration. Applications for registration as qualified |
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271 | 271 | | 239physicians, signed and sworn to by the applicants, shall be made upon blanks furnished by the |
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272 | 272 | | 240board of registration in medicine, herein and in sections three to nine A, inclusive, called the |
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273 | 273 | | 241board. |
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274 | 274 | | 242 (b) Physician registration, examination, and fee. Each applicant who shall furnish the |
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275 | 275 | | 243board with satisfactory proof that he is eighteen years of age or over and of good moral |
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276 | 276 | | 244character, that he has completed two years of premedical studies in a college or university, that |
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277 | 277 | | 245he has attended courses of instruction for four years of not less than thirty-two school weeks in |
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278 | 278 | | 246each year, or courses which in the opinion of the board are equivalent thereto, in one or more |
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279 | 279 | | 247legally chartered medical schools, and that he has received the degree of doctor of medicine, or |
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280 | 280 | | 248its equivalent, from a legally chartered medical school in the United States or commonwealth of |
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281 | 281 | | 249Puerto Rico or Canada having the power to confer degrees in medicine, shall upon payment of a |
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282 | 282 | | 250fee to be determined annually by the commissioner of administration under the provision of |
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283 | 283 | | 251section three B of chapter seven, be examined, and, if found qualified by the board, be registered |
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284 | 284 | | 252as a qualified physician and entitled to a certificate in testimony thereof, signed by the chairman |
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285 | 285 | | 253and secretary. |
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286 | 286 | | 254 (c) Additional licensure conditions. The board shall require, as a standard of eligibility |
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287 | 287 | | 255for licensure, the following conditions: 14 of 24 |
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288 | 288 | | 256 (1) Computerized proficiency. That applicants demonstrate proficiency in the use of |
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289 | 289 | | 257computerized physician order entry, e-prescribing, electronic health records and other forms of |
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290 | 290 | | 258health information technology, as determined by the board. As used in this section, proficiency, |
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291 | 291 | | 259at a minimum shall mean that applicants demonstrate the skills to comply with the ''meaningful |
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292 | 292 | | 260use'' requirements, as set forth in 45 C.F.R. Part 170. |
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293 | 293 | | 261 (2) Malpractice compliance. The board is authorized to promulgate regulations requiring |
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294 | 294 | | 262physicians to obtain professional malpractice liability insurance or a suitable bond or other |
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295 | 295 | | 263indemnity against liability for professional malpractice in such amounts as may be determined by |
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296 | 296 | | 264the board. The board shall participate in any national data reporting system which provides |
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297 | 297 | | 265information on individual physicians. |
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298 | 298 | | 266 (3) Social Security Act compliance. The board shall require as a condition of granting or |
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299 | 299 | | 267renewing a physician's certificate of registration, that the physician, who if he agrees to treat a |
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300 | 300 | | 268beneficiary of health insurance under Title XVIII of the Social Security Act, shall also agree not |
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301 | 301 | | 269to charge to or collect from such beneficiary any amount in excess of the reasonable charge for |
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302 | 302 | | 270that service as determined by the United States Secretary of Health and Human Services. The |
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303 | 303 | | 271board shall also require, as a condition of granting or renewing a physician's certificate of |
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304 | 304 | | 272registration, that the physician apply to participate in the medical assistance program |
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305 | 305 | | 273administered by the secretary of health and human services in accordance with chapter 118E and |
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306 | 306 | | 274Title XIX of the Social Security Act and any federal demonstration or waiver relating to such |
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307 | 307 | | 275medical assistance program for the limited purposes of ordering and referring services covered |
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308 | 308 | | 276under such program, provided that regulations governing such limited participation are |
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309 | 309 | | 277promulgated under said chapter 118E. A physician who chooses to participate in such medical |
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310 | 310 | | 278assistance program as a provider of services shall be deemed to have fulfilled this requirement. 15 of 24 |
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311 | 311 | | 279 (4) Certification of any foreign degree. An applicant who has received from a medical |
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312 | 312 | | 280school, legally chartered in a sovereign state other than the United States, the commonwealth of |
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313 | 313 | | 281Puerto Rico or Canada, a degree of doctor of medicine or its equivalent shall be required to |
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314 | 314 | | 282furnish to the board such documentary evidence as the board may require that his education is |
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315 | 315 | | 283substantially the equivalent of that of graduates of medical schools in the United States and such |
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316 | 316 | | 284other evidence as the board may require as to his qualifications to practice medicine, and shall, |
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317 | 317 | | 285unless granted an exemption by the board, be required to present a Standard Certificate granted |
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318 | 318 | | 286after examination by the Educational Council for Foreign Medical Graduates; provided, |
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319 | 319 | | 287however, that an applicant who shall furnish the board with satisfactory proof that he is eighteen |
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320 | 320 | | 288years of age or over and of good moral character, that he has completed two years of premedical |
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321 | 321 | | 289studies in a college or university of the United States or Canada shall not be required to possess a |
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322 | 322 | | 290certificate by the Educational Council for Foreign Medical Graduates and shall be admitted to |
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323 | 323 | | 291the examination for licensure if he has studied medicine in a medical school outside the United |
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324 | 324 | | 292States which is recognized by the World Health Organization, has completed all the formal |
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325 | 325 | | 293requirements for the degree corresponding to doctor of medicine except internship and social |
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326 | 326 | | 294service or internship or social service, has satisfactorily completed one academic year of |
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327 | 327 | | 295supervised clinical training sponsored by an approved medical school in the United States or |
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328 | 328 | | 296Canada, and has completed one year of graduate medical education in a program approved by the |
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329 | 329 | | 297Liaison Committee on Graduate Medical Education of the American Medical Association. If the |
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330 | 330 | | 298board shall be satisfied as to his education and his qualifications, the board shall, upon payment |
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331 | 331 | | 299of a fee determined under the aforementioned provision by the applicant, admit him to the |
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332 | 332 | | 300examination for licensure. 16 of 24 |
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333 | 333 | | 301 (d) Reexamination procedures. An applicant failing to pass an examination satisfactory to |
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334 | 334 | | 302the board shall be entitled to two reexaminations within two years at a meeting of the board |
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335 | 335 | | 303called for the examination of applicants upon payment of a further fee determined under the |
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336 | 336 | | 304aforementioned provision for each reexamination; but two such reexaminations shall exhaust his |
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337 | 337 | | 305privilege under his original application. |
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338 | 338 | | 306 (e) Examination exemptions. The board may without examination grant certificates of |
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339 | 339 | | 307registration as qualified physicians in the following circumstances. |
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340 | 340 | | 308 (1) Other states and AMA or AOA diplomates. The board may without examination grant |
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341 | 341 | | 309certificates of registration as qualified physicians to such graduates of medical schools: (A) who |
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342 | 342 | | 310shall furnish with their applications satisfactory proof that they have the qualifications required |
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343 | 343 | | 311in the commonwealth to entitle them to be examined and have been licensed or registered upon a |
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344 | 344 | | 312written examination in another state whose standards, in the opinion of the board, are equivalent |
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345 | 345 | | 313to those in the commonwealth, or (B) who are diplomates of specialty boards recognized by the |
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346 | 346 | | 314American Medical Association or the American Osteopathic Association; provided that any |
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347 | 347 | | 315person who has previously attempted unsuccessfully to secure registration in the commonwealth |
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348 | 348 | | 316shall be registered under the provisions of this paragraph without examination only at the |
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349 | 349 | | 317discretion of the board. The fee for such registration without examination shall be determined |
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350 | 350 | | 318under the aforementioned provision. |
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351 | 351 | | 319 (2) Canadian and Puerto Rican licensure. Notwithstanding any other provisions of this |
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352 | 352 | | 320chapter the board may without examination grant a certificate of registration as a qualified |
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353 | 353 | | 321physician to such person as shall furnish with his application satisfactory evidence that he is: (A) |
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354 | 354 | | 322a graduate of a Canadian medical school, or a medical school legally chartered in a sovereign 17 of 24 |
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355 | 355 | | 323state other than the United States or the commonwealth of Puerto Rico, and is licensed by the |
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356 | 356 | | 324Medical Council of Canada and by a provincial licensing authority; or (B) is licensed in the |
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357 | 357 | | 325commonwealth of Puerto Rico or in the province of Saskatchewan in Canada upon obtaining a |
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358 | 358 | | 326grade of seventy-five per cent or better in the federation licensing examination of the federation |
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359 | 359 | | 327of state medical boards of the United States. Any person granted a certificate of registration |
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360 | 360 | | 328under the provisions of this paragraph shall pay a fee determined under the aforementioned |
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361 | 361 | | 329chapter seven provision. |
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362 | 362 | | 330 (3) Academic appointments. Notwithstanding any other provision of this chapter, the |
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363 | 363 | | 331board may without examination grant a certificate of registration as a qualified physician to a |
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364 | 364 | | 332person who is a graduate of a medical school which is legally chartered in a sovereign state other |
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365 | 365 | | 333than the United States, the commonwealth of Puerto Rico or Canada, if such person furnishes |
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366 | 366 | | 334proof satisfactory to the board that: (A) he has a full time academic appointment at a legally |
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367 | 367 | | 335chartered medical school in the commonwealth; (B) he is qualified and competent in the field of |
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368 | 368 | | 336medicine or surgery; and (C) he has been licensed or registered to practice medicine in such |
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369 | 369 | | 337other state or country and has held a faculty appointment at a medical school legally chartered in |
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370 | 370 | | 338such other state or country. Application for registration as a qualified physician, signed and |
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371 | 371 | | 339sworn to by the applicant under the provisions of this section shall be made upon blanks |
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372 | 372 | | 340furnished by the board. If satisfied as to the applicant's qualifications, and upon payment of a fee |
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373 | 373 | | 341by such applicant, the board may issue to such applicant a certificate of registration as a qualified |
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374 | 374 | | 342physician. Such certificate shall be restricted to the specialty in which he holds his academic |
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375 | 375 | | 343appointment and shall be valid only so long as he holds a full time academic appointment. In |
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376 | 376 | | 344addition to the requirements for renewal of certificates of registration under the provisions of |
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377 | 377 | | 345section two, physicians registered under this section shall furnish with their renewal applications 18 of 24 |
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378 | 378 | | 346evidence satisfactory to the board that they continue to hold the faculty appointment required by |
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379 | 379 | | 347this section. The board may adopt, amend and rescind such rules and regulations as it deems |
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380 | 380 | | 348necessary to carry out the provisions of this section. |
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381 | 381 | | 349 (f) Certificate renewal. The board shall require that all physicians registered in the |
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382 | 382 | | 350commonwealth renew their certificates of registration with the board at two-year intervals. |
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383 | 383 | | 351Effective nineteen hundred and eighty-seven, every physician registered in the commonwealth |
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384 | 384 | | 352shall renew his or her certificate of registration with the board on or before his or her birthday in |
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385 | 385 | | 353nineteen hundred and eighty-seven and in every second year thereafter; provided that if a |
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386 | 386 | | 354birthday of any physician who shall be registered hereunder shall occur within three months after |
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387 | 387 | | 355original registration, such person need not renew his or her registration until the birthday in the |
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388 | 388 | | 356second year following the birthday aforesaid. For the purposes of this section, the birthday of a |
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389 | 389 | | 357person born on February twenty-nine shall be deemed to be February twenty-eight. The renewal |
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390 | 390 | | 358application shall be accompanied by a fee determined under the aforementioned provision and |
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391 | 391 | | 359shall include the physician's name, license number, home address, office address, his or her |
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392 | 392 | | 360specialties, the principal setting of his practice, and whether he or she is an active or inactive |
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393 | 393 | | 361practitioner. |
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394 | 394 | | 362 The board shall mail a renewal application to each registered physician sixty days prior to |
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395 | 395 | | 363the renewal date. The certification of registration of any physician who does not file a completed |
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396 | 396 | | 364renewal application together with the fee shall be automatically revoked, but shall be revived |
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397 | 397 | | 365upon completion of the renewal process. The expenses and compensation of the board of |
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398 | 398 | | 366registration and discipline in medicine shall be paid by the commonwealth, but said expenses and |
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399 | 399 | | 367compensations shall not be in excess of the amounts received by the commonwealth for |
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400 | 400 | | 368certificates of renewal or any registration fees under this section. 19 of 24 |
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401 | 401 | | 369 SECTION 8. Chapter 175 of the General Laws, as appearing in Title XXII in Part I of the |
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402 | 402 | | 3702021 Official Edition, is hereby amended by adding the following section 47CC:- |
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403 | 403 | | 371 (a) As used in this section, the following words shall have the following meanings: |
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404 | 404 | | 372 “Actuary” means a person who is a member of American Academy of Actuaries and |
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405 | 405 | | 373meets the academy's professional qualification standards for rendering an actuarial opinion |
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406 | 406 | | 374related to health insurance rate making. |
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407 | 407 | | 375 “Building Biology” refers to the building science of investigating and creating healthy |
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408 | 408 | | 376building, including with respect to electromagnetic radiation, and in the United States also refers |
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409 | 409 | | 377to training, standards, and certifications, such as for electromagnetic radiation specialists |
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410 | 410 | | 378(EMRS), such as provided by the Building Biology Institute, a 501(c)(3) founded in 1987 in |
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411 | 411 | | 379Florida. |
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412 | 412 | | 380 “Electromagnetic sensitivity” or “ES” means sensitization to wireless or electrical |
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413 | 413 | | 381equipment that results in discomfiture, painful sensations, or symptoms of disability at lower |
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414 | 414 | | 382thresholds of non-ionizing radiation exposure than compared to non-ES individuals. Diagnosis |
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415 | 415 | | 383includes clinical evaluation and may involve nutritional assessment, and blood chemistry and |
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416 | 416 | | 384genetic testing. |
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417 | 417 | | 385 “Non-ionizing radiation reduction guidance” means basic instruction on limiting man- |
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418 | 418 | | 386made non-ionizing radiation exposures including fields from electricity, poor power quality, and |
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419 | 419 | | 387wireless communications, as well as instruction on where to find further, more detailed |
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420 | 420 | | 388information and assistance to reduce non-ionizing radiation exposures. 20 of 24 |
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421 | 421 | | 389 “Non-ionizing radiation reduction services” means an assessment and remediation of |
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422 | 422 | | 390man-made non-ionizing radiation exposures in a patient’s primary residence in the bedroom, |
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423 | 423 | | 391primary seating area, and in any room assigned for the patient’s rest and recovery to reduce non- |
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424 | 424 | | 392ionizing radiation to Building Biology standards of slight or no concern. |
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425 | 425 | | 393 “Pharmacy care” means medications prescribed by a licensed physician and health- |
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426 | 426 | | 394related services deemed medically necessary, to the same extent that pharmacy care is provided |
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427 | 427 | | 395by the policy for other medical conditions. |
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428 | 428 | | 396 “Nutritional analysis and nutritional supplementation” means clinical diagnoses and tests |
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429 | 429 | | 397that identify mineral, fat, and other nutritional imbalances. |
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430 | 430 | | 398 “Screen time” shall mean the amount of time spent in front of a technological screen, |
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431 | 431 | | 399including television, computer, virtual reality, video game, and other electronic device screens. |
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432 | 432 | | 400 “Tech addiction” or “digital addiction” means the compulsive use of digital technology, |
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433 | 433 | | 401inability to control use, withdrawal from real life interactions, interpersonal relations, and may |
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434 | 434 | | 402include withdrawal from responsibilities, learning, or personal care. |
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435 | 435 | | 403 “Therapeutic care” means services provided by licensed or certified speech therapists, |
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436 | 436 | | 404occupational therapists, physical therapists and other body work such as chiropractic care. |
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437 | 437 | | 405 (b) An individual policy of accident and sickness insurance issued under section 108 that |
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438 | 438 | | 406provides hospital expense and surgical expense insurance and any group blanket or general |
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439 | 439 | | 407policy of accident and sickness insurance issued under section 110 that provides hospital expense |
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440 | 440 | | 408and surgical expense insurance, which is issued or renewed within or without the |
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441 | 441 | | 409Commonwealth, shall provide benefits on a nondiscriminatory basis to residents of the 21 of 24 |
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442 | 442 | | 410Commonwealth and to all policyholders having a principal place of employment in the |
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443 | 443 | | 411Commonwealth for: |
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444 | 444 | | 412 (1) expanded nutritional analysis and oxidant testing with nutritional supplementation in |
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445 | 445 | | 413pathological conditions, including to redress genetic deficiencies, toxic oxidative processes, and |
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446 | 446 | | 414as suspected based on clinical evaluation and scientific literature; |
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447 | 447 | | 415 (2) general guidance to prevent excessive screen time and digital addiction; |
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448 | 448 | | 416 (3) assessment and diagnosis of digital addiction; |
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449 | 449 | | 417 (4) counseling to address digital addiction; |
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450 | 450 | | 418 (5) non-ionizing radiation reduction guidance; |
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451 | 451 | | 419 (6) diagnosis of electromagnetic sensitivity; |
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452 | 452 | | 420 (7) non-ionizing radiation reduction services for leukemia and lymphoma; |
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453 | 453 | | 421 (8) guidance to reduce harm from consumer products with safety recalls, safety warnings, |
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454 | 454 | | 422or lax toxin regulation, in particular with regard to pediatrics; |
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455 | 455 | | 423 (9) guidance to reduce harm from known or suspected local environmental pollutants; |
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456 | 456 | | 424 (10) relevant consideration of local environmental toxins in pathological conditions; |
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457 | 457 | | 425 (11) general guidance to prevent ignorance of mold pathology and development; |
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458 | 458 | | 426 (c) Non-ionizing radiation reduction services for leukemia and lymphoma, as noted in |
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459 | 459 | | 427subsection (b) paragraph (7) shall result in a report dated with initial and final measurements of |
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460 | 460 | | 428frequencies as well as specific remediation actions placed in the patient’s medical record. 22 of 24 |
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461 | 461 | | 429Remediation may include moving the patient to another location, unplugging devices, turning off |
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462 | 462 | | 430unnecessary electrical circuits, fixing wiring errors, hard-wiring wireless equipment, use of |
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463 | 463 | | 431power quality conditioners, and removing digital equipment. In the event an exposure is external |
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464 | 464 | | 432to the patient’s residence or any room assigned for rest and recovery, the report shall identify the |
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465 | 465 | | 433external source(s). The report shall clearly state whether remediation has been successful, and if |
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466 | 466 | | 434not which additional steps are required for success. |
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467 | 467 | | 435 (d) Other than the limits set in subsections (e), (f), and (g), such policy shall be in |
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468 | 468 | | 436compliance with subsection (b) if the policy (1) does not contain annual or lifetime dollar or unit |
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469 | 469 | | 437of service limitation on coverage for either diagnosis and counseling for digital addiction |
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470 | 470 | | 438treatment, non-ionizing radiation reduction services, diagnosis of electromagnetic sensitivity, and |
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471 | 471 | | 439nutritional analysis and supplementation in pathological conditions which is less than an annual |
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472 | 472 | | 440or lifetime dollar or unit of service limitation imposed on coverage for the diagnosis and |
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473 | 473 | | 441treatment of physical conditions and (2) provides an annual check-up supporting relevant |
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474 | 474 | | 442guidance from physicians as described in subsection (b). |
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475 | 475 | | 443 (e) This section shall not limit benefits that are otherwise available to an individual under |
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476 | 476 | | 444a health insurance policy. |
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477 | 477 | | 445 (f) Coverage under this section shall not be subject to a limit on the number of visits an |
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478 | 478 | | 446individual may make to a provider. |
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479 | 479 | | 447 (g) This section shall not affect an obligation to provide services to an individual under |
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480 | 480 | | 448an individualized family service plan, an individualized education program or an individualized |
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481 | 481 | | 449service plan. Related services provided by school personnel under an individualized education |
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482 | 482 | | 450program are not subject to reimbursement under this section. 23 of 24 |
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483 | 483 | | 451 (h) An insurer, corporation or health maintenance organization may set an additional |
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484 | 484 | | 452reasonable limit on non-ionizing radiation reduction services for a period of 3 years from the |
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485 | 485 | | 453requirement to provide coverage under this section and not covered by the insurer, corporation or |
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486 | 486 | | 454health maintenance organization as of December 31, 2016, if: |
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487 | 487 | | 455 (1) an actuary, affiliated with the insurer, corporation or health maintenance organization |
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488 | 488 | | 456certifies in writing to the commissioner of insurance that: |
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489 | 489 | | 457 (i) based on an analysis to be completed not more than once annually by each insurer, |
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490 | 490 | | 458corporation or health maintenance organization for the most recent experience period of at least 1 |
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491 | 491 | | 459year's duration, the annual costs associated with coverage of non-ionizing radiation reduction |
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492 | 492 | | 460services and nutritional analysis and supplementation required under this section and not covered |
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493 | 493 | | 461as of December 31, 2018, exceeded 1 per cent of the premiums charged over the experience |
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494 | 494 | | 462period by the insurer, corporation or health maintenance organization; |
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495 | 495 | | 463 (ii) those costs solely would lead to an increase in average premiums charged of more |
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496 | 496 | | 464than 1 per cent for all insurance policies, subscription contracts or health care plans commencing |
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497 | 497 | | 465on inception or the next renewal date, based on the premium rating methodology and practices |
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498 | 498 | | 466the insurer, corporation or health maintenance organization employs; and |
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499 | 499 | | 467 (iii) the commissioner of insurance approves the certification of the actuary. |
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500 | 500 | | 468 (2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage period |
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501 | 501 | | 469following inception or next renewal date of all insurance policies, subscription contracts or |
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502 | 502 | | 470health care plans issued or renewed during the 1 year period following the date of the exemption, |
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503 | 503 | | 471after which the insurer, corporation or health maintenance organization shall again provide |
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504 | 504 | | 472coverage for non-ionizing reduction services required under this section. 24 of 24 |
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505 | 505 | | 473 (3) Notwithstanding the exemption allowed under paragraph (1), an insurer, corporation |
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506 | 506 | | 474or health maintenance organization may elect to continue to provide coverage for non-ionizing |
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507 | 507 | | 475radiation reduction services required under this section. |
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