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Floor Number: 351 Clerk Number: 531
HAITIAN MULTI-SERVICE CENTER
Mr. Hart moved that the bill be amended, in Section 2, in item 4512-0103 by inserting after the words "expended from this item" the following: ; provided further that $158,000 shall be expended for the HIV/AIDS Case Management Program at the Haitian Multi-Service Center in Dorchester.
Floor Number: 352 Clerk Number: 589
AIDS PREVENTION AND TREATMENT
Ms. Fargo, Messrs. Montigny, Knapik, Moore, McGee, Tisei, Barrios, O'Leary, and Ms. Tucker moved that the bill be amended, in Section 2, in item 4512-0103, by striking out the figure "$35,453,770" and inserting in place thereof the following figure: - "$36,753,770".
Floor Number: 353 Clerk Number: 34
ASHLAND RECREATION DEPARTMENT
Ms. Spilka moved that the bill be amended, in Section 2, in item 4512-0200, by adding the following: "; and provided further, that not less than $50,000 be expended for teens through programs provided by the Ashland Recreational Department".
Floor Number: 354 Clerk Number: 117
METROWEST DETOX CENTER
Ms. Spilka and Ms. Resor moved that the bill be amended, in Section 2, in item 4512-0200, by adding the following;- "; and provided further, that not less than $1,000,000 shall be expended for the operation of a detox center in the MetroWest area."
Floor Number: 355 Clerk Number: 206
REACH IN WALTHAM
Ms. Fargo moved that the bill be amended, in Section 2, in item 4512-0200, by inserting after the words "Orange Recovery House" the following: - "provided further, that not less than $50,000 shall be expended to REACH, formerly known as the Waltham Support Committee for Battered women".
Floor Number: 356 Clerk Number: 301
NORTHERN EDUCATIONAL SERVICES, INC.
Mr. Buoniconti moved that the bill be amended, in Section 2, in item 4512-0200, by striking out the language "that not less than $150,000 shall be expended for the Northern Educational Services, Inc (NES)" and inserting the following language:- "that not less than $250,000 shall be expended for the Northern Educational Services, Inc. (NES) of Springfield."
Floor Number: 357 Clerk Number: 306
LINK HOUSE
Mr. Baddour moved that the bill be amended, in Section 2, in item 4512-0200, by striking out the following:-"that not less than $100,000 shall be expended for the Link House, Inc. in the town of Salisbury for the purposes of establishing transitional housing for women in recovery from substance abuse;" and inserting in place thereof the following:-" that not less than $200,000 shall be expended for the Link House, Inc. in the town of Salisbury for the purposes of establishing transitional housing for women in recovery from substance abuse."
Floor Number: 358 Clerk Number: 445
COUGAR'S DEN AFTER SCHOOL PROGRAM
Mr. Brewer moved that the bill be amended, in Section 2, in item 4512-0200, by inserting at the end thereof the following words:- "provided further, that $50,000 shall be expended for the Cougar's Den After School Program administered by the Hampshire Educational Collaborative;"
Floor Number: 359 Clerk Number: 465
MASSACHUSETTS PARTNERS IN PREVENTION
Mr. Brewer moved that the bill be amended, in Section 2, in item 4512-0200, by adding at the end thereof the following:- "provided further that $50,000 shall be expended to the Massachusetts Partners in Prevention;"
Floor Number: 360 Clerk Number: 516
SUBSTANCE ABUSE PREVENTION
Mr. Tisei moved that the bill be amended, in Section 2, in item 4512-0200 by inserting in line 6 after the words "demographic groups;" the following:- "provided further, that $75,000 be expended to establish an Opiate Abuse Prevention and Intervention Program for Youth in the City of Melrose."
Floor Number: 361 Clerk Number: 563
RELATIVE TO RUSSIAN TEENS-AT-RISK PROGRAMS IN BOSTON, BROOKLINE AND LYNN
Ms. Creem and Mr. McGee moved that the bill be amended, in Section 2, in item 4512-0200 by striking the words "that not less than $90,000 shall be expended for the Russian Teens-at Risk program" and inserting in place thereof the following words: "that not less than $100,000 shall be expended for the Russian Teens-at Risk program"
Floor Number: 362 Clerk Number: 650
PARENT EDUCATOR SPECIALIST
Ms. Wilkerson and Mr. Tolman moved that the bill be amended, in Section 2, in item 4512-0200 by striking the following language: "provided further, that not less than $99,925 shall be expended for Latinas Y Ninos to provide a full-time child advocate parent educator specialist to attend to the needs of Latino women in recovery with a focus on pregnant women, new parents, and mothers recently reunified with their children" and inserting in place thereof the following: "provided further, that not less than $99,925 shall be expended for Latinas Y Ninos for women in recovery, including children's services."
REDRAFT
Floor Number: 363 Clerk Number: 103
OPIATE ABUSE PREVENTION AND INTERVENTION PROGRAM
Mr. McGee moved that the bill be amended, in Section 2, in item 4512-0200, by adding the following: "provided further, that $75,000 be expended to establish an Opiate Abuse Prevention and Intervention Program for Youth in the City of Melrose".
Floor Number: 364 Clerk Number: 605
FLUORIDATION
Mr. Montigny moved that the bill be amended, in Section 2, in item 4512-0500, by adding the following wording:- "provided further, that not less than $82,000 be expended for the engineering and implementation of community water fluoridation in the city of New Bedford" and in said item striking out the figure "$1,556,150" and inserting in place thereof "$1,638,150".
Floor Number: 365 Clerk Number: 640
ORAL HEALTH PREVENTION PROGRAM FOR UNDERSERVED CHILDREN
Ms. Wilkerson, Messrs. McGee and O'Leary, Ms. Tucker and Mr. Tolman moved that the bill be amended, in Section 2, in item 4512-0500, by adding the following: "provided further, that not less than $750,000 shall be expended for the purposes of a demonstration project known as the "Center for Children's Oral Health" operated by local community health centers and the Forsyth Institute, to fund a school based program to offer preventive oral health care to children in high need areas including Boston, Lynn and Hyannis; provided further, that said grants shall be matched by contributions from, private entities, equal to one times the expenditures on said pilot from this line item; provided further, a report shall be filed with the joint committee on health care financing and house and senate committees on ways and means no later than June 31, 2006 on the findings of said project including but not limited to, the number of children receiving care, the number of abscesses, cavities and other dental health problems encountered, and through the collection of longitudinal data said report shall examine the cost-effectiveness and sustainability through Medicaid billing of said program"; and by striking out the figures "$1,556,150" and inserting in place thereof the following figure: "$2,306,250".
Floor Number: 366 Clerk Number: 595
REFUGEE AND IMMIGRANT DOMESTIC VIOLENCE SERVICES
Ms. Fargo, Messrs. McGee, and Barrios moved that the bill be amended, in Section 2, in item 4513-1000, by striking out the figure "$800,000" and inserting in place thereof the following figure: - $1,100,000", and moved to further amend said item by striking the figure "$8,570,196" and inserting in place thereof the following figure: - "$8,870,196".
Floor Number: 367 Clerk Number: 572
PROSTATE CANCER
Mr. Morrissey moved that the bill be amended, in Section 2, in item 4513-1112 by striking out the figure "1,004,469" and inserting in place thereof the following;- "1,300,000".
Floor Number: 368 Clerk Number: 606
HEPATITIS C
Mr. Montigny, Ms. Fargo and Ms. Creem moved that the bill be amended, in Section 2, in item 4513-1114, by striking the figure "$562,876" and inserting in place thereof the following figure:- "$2,500,000".
Floor Number: 369 Clerk Number: 613
STROKE EDUCATION
Messrs. Montigny, Tisei, Brown, Tarr, Spilka moved that the bill be amended, in Section 2, by inserting, after item 4513-1115 the following item:-
"4513-1121 For a statewide STOP stroke program; provided, that this program shall expend funds to educate the public and providers, including emergency medical systems personnel, medical dispatchers and fire and police department personnel and out-patient facilities intake and discharge personnel about the warning signs of stroke, the recognition of stroke symptoms, and the importance of timely and appropriate acute care treatment; provided further, that this program shall expend funds, as appropriate, to support initiatives related to primary stroke services regulations throughout all regions of Massachusetts, such as telemedicine infrastructure, community education efforts, or other needed supports; provided further, that the department shall coordinate such program with any ongoing federally-funded statewide efforts, including any program funded by federal cardiovascular health initiative grants; and provided further, that the program shall seek to maximize, through grant development or public-private partnerships, available sources of funding to accomplish the goals of the program................................ $300,000"
Floor Number: 370 Clerk Number: 597
COMMUNICABLE DISEASE CONTROL
Ms. Fargo, Messrs. Moore, Tarr, Joyce, and Tisei moved that the bill be amended, in Section 2, in item 4516-1000, by striking out the figure "$10,037,658" and inserting in place thereof the following figure: - "$12,839,839".
Floor Number: 371 Clerk Number: 57
SPRINGFIELD TEEN PREGNANCY
Mr. Lees moved that the bill be amended, in Section 2, in item 4530-9000 by inserting at the end thereof the following:- "provided further, that not less than $100,000 shall be expended for teen pregnancy prevention services in the city of Springfield"
Floor Number: 372 Clerk Number: 58
TEEN PREGNANCY PREVENTION
Mr. Lees moved that the bill be amended, in Section 2, in item 4530-9000 by striking out the words "provided further, that $100,000 shall be expended for teen pregnancy prevention services in the town of Orange;" and inserting in place thereof the following:- "provided further, that $50,000 shall be expended for teen pregnancy prevention services in the town of Orange;"
Floor Number: 373 Clerk Number: 599
COMPHREHENSIVE TEEN PREGNANCY PREVENTION
Ms. Fargo, Messrs. Knapik, Tolman, McGee, Nuciforo, Barrios, O'Leary, Montigny, and Moore moved that the bill be amended, in Section 2, in item 4530-9000, by striking out the figure "$1,492,643" and inserting in place thereof the following figure: - "2,000,000".
Floor Number: 374 Clerk Number: 129
IMMUNIZATION PROGRAM
Mr. Moore moved that the bill be amended, in Section 2, in item 4580-1000, by striking the figure "$27,052,068" and inserting in place thereof the figure "29,071,508.
Floor Number: 375 Clerk Number: 510
UNIVERSAL IMMUNIZATION
Mr. Havern moved that the bill be amended, in Section 2, in item 4580-1000 by striking the figure "$27,052,068" and inserting the following figure in place thereof:- "$29,071,058".
Floor Number: 376 Clerk Number: 591
UNIVERSAL IMMUNIZATION PROGRAM
Ms. Fargo and Mr. Tarr moved that the bill be amended, in Section 2, in item 4580-1000, by striking out the figure "$27,052,068" and inserting in place thereof the following figure: - "$29,071,508".
Floor Number: 377 Clerk Number: 130
SCHOOL HEALTH SERVICES
Messrs. Moore, Tarr and Montigny , Ms Fargo, Messrs. McGee, Tarr, Antonioni and O'Leary moved that the bill be amended, in Section 2, in item 4590-0250, by inserting after the word "youth", the following: "provided further, that not less than $16,000,000 shall be expended for school nurses and school based health centers"; and in said item by striking out the figure "$14,568,309 and inserting in place thereof the figure "$18,568,309
Floor Number: 378 Clerk Number: 259
H.E.L.P.
Mr. Hart and Mr. Joyce moved that the bill be amended, in Section 2, in item 4590-0250, by inserting, after the words "department of education" the following:- "provided further that $99,000 shall be expended to the H.E.L.P. program so-called, for black males health;"
Floor Number: 379 Clerk Number: 620
DPH SCHOOL HEALTH SERVICES
Messrs. Tisei, Havern, Lees, Barrios, Joyce, Augustus, Knapik and Tolman, Ms. Fargo, Messrs. Antonioni and O'Leary, Ms. Wilkerson, Mr. Montigny, Ms. Spilka, and Mr. McGee moved that the bill be amended, in Section 2, in item 4590-0250, by striking out the following:- "; provided further, that not more than $250,000 shall be expended for the Governor's Commission on Gay and Lesbian Youth;" and insert in place thereof the following:- "provided further, that not less than $350,000 shall be expended for the Governor's Commission on Gay and Lesbian Youth;".
Floor Number: 380 Clerk Number: 381
SMOKING PREVENTION AND TOBACCO CONTROL
Ms. Chandler, Mr. Tarr, Ms. Fargo, Mr. Moore, Ms. Spilka, Ms. Resor and Ms. Creem moved that the bill be amended, in Section 2, by striking out item 4590-0300 and inserting in place thereof the following item:-
"4590-0300 For youth smoking prevention and tobacco control programs, including enforcement of illegal sales to children laws by local boards of health and coordinated treatment resources including the Tobacco Free Helpline and QuitWorks; provided, that no funds shall be expended in the AA subsidiary, so-called, for any personnel-related costs ........................................... 4,250,000"
Floor Number: 381 Clerk Number: 610
SMOKING PREVENTION
Mr. Montigny moved that the bill be amended, in Section 2, by striking out item 4590-0300 and inserting in place thereof the following item:-
“4590-0300 For youth smoking prevention and tobacco control programs, including enforcement of illegal sales to children laws by local boards of health and coordinated treatment resources including the Tobacco Free Helpline and QuitWorks; provided, that no funds shall be expended in the AA subsidiary, so-called, for any personnel-related costs, and provided further that, notwithstanding the provisions of chapter 29D of the general laws or the provisions of any other general or special law to the contrary, funds, may be expended for the Health Care Security Trust for the purposes of this item………………………………………………………………….….$11,000,000”;
Mr Montigny moved that the bill be further amended, in Section 2, by inserting after item 4590-0300 the following wording:-
“Health Care Security Trust…………………………………………..…….$100%”.
Floor Number: 382 Clerk Number: 672
DEPARTMENT OF PUBLIC HEALTH SMOKING CESSATION PROGRAM
Mr. Tolman moved that the bill be amended, in Section 2, in item 4590-0300, by striking out the figure $3,750,000" and inserting in place thereof the following figure:- "$4,250,000".
Floor Number: 383 Clerk Number: 54
ONLINE TOBACCO SALES
Messrs. Lees, Tisei, Tarr, Knapik and Brown moved that the bill be amended by inserting, after Section ____, the following new Section:-
“Section___. Chapter 64C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 10 the following new section:-
Section 10A. Online Cigarette Sales.
It is unlawful for any public or private postal or package delivery service to knowingly deliver a tobacco product to a person under the age of 18 years. A tobacco product shall not be accepted for delivery by such a package delivery service if the package does not have affixed thereto a label which plainly and visibly states that the package contains tobacco and that it is not for delivery to any person under age 18. Any public or private postal or package delivery service that knowingly delivers a tobacco product directly to a purchaser shall:
(a). Deliver solely to the purchaser at the address given by the purchaser as specified on a valid Massachusetts driver’s license, passport, state issued identification, United States military identification, or immigration card.
(b). Require the signature of the purchaser.
(c). Receive and inspect the identification of the purchaser showing the purchaser's date of birth to verify that he is 18 years of age or older.
(d). Receive an attestation from the purchaser, on a form prepared by the delivery service, certifying that the information on the identification required under subsection (a) of this section truly and correctly identifies the purchaser, his current address and age. The certification shall be retained on file by the distributor for no less than one year.
(e). Submit a copy of the invoice for each delivered package to the Department of Revenue which shall ensure that the appropriate excise taxes are paid thereon. To be accepted by the delivery service, each invoice shall include the name and address of the purchaser, the brand, and the type and quantity of tobacco.
Any person who delivers a tobacco product in violation of this act shall be fined no less than $250 or more than $1,000 for each offense. A person who falsely certifies information required by this act shall be fined no less than $100 or more than $500 for each offense.”
Floor Number: 384 Clerk Number: 190
GRAY MARKET ENFORCEMENT
Mr. Panagiotakos moved that the bill be amended by inserting, after section 108, the following new section:-
SECTION___. Chapter 94E of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after Chapter 94E the following new Chapter:—
Section 1.Chapter 94F. CIGARETTE ENFORCEMENT.
For purposes of this chapter, the following words shall have the following meanings:—
"Cigarette", cigarette as defined in section 1 of chapter 94E.
"Commissioner", the commissioner of the department of public health.
"Package", a pack, box, carton or container of any kind in which cigarettes are offered for sale, sold or otherwise distributed to consumers.
"Counterfeit", any unauthorized reproduction, copy, or col orable imitation offered in connection with the sale, offering for sale, or advertising of any tobacco product.
"Person", an individual, company, corporation or partnership.
Section 2. (a) It shall be unlawful for any person:
(1) to sell, distribute, acquire, hold, own, possess, transport, import or cause to be imported into or in the commonwealth for sale or distribution in the commonwealth, any cigarettes that are counterfeit or do not comply with all requirements imposed under federal law and implementing regulations, including but not limited to the requirements on the filing of ingredients lists under the \federal Cigarette Labeling and Advertising Act, 15 U.S.C. Jsection 1335a; the permanent imprinting of package warning labels in the precise format specified under the federal Cigarette 'Labeling and Advertising Act, 15 U.S.C. section 1333; the rota tion of label statements under the federal Cigarette Labeling and (Advertising Act, 15 U.S.C. section 1333(c); restrictions on the importation, transfer and sale of previously exported tobacco (products pursuant to Section 9302 of Public Law 105-33, the Bal anced Budget Act of 1997, as amended; the requirements of Title |IV of the Imported Cigarette Compliance Act of 2000; and federal trademark and copyright laws;
(2) to alter the package of any cigarettes, prior to sale or distri bution to the ultimate consumer, so as to remove, conceal or obscure: I (i) any statement, label stamp, sticker, or notice indicating that !the manufacturer did not intend the cigarettes to be sold, distribu ted or used in the United States, including but not limited to labels stating "For Export Only," "U.S. Tax Exempt," "For Use Outside U.S.," or similar wording; or (ii) any health warning that is not the precise warning statement in the precise format specified in the federal Cigarette Labeling /and Advertising Act, 15 U.S.C. section 1333; or I (3) to affix any tax stamp or meter impression required pur suant to chapter 64C to the package of any cigarettes that does not i comply with the requirements set forth in clause (1) or that is jaltered in violation of clause (2). j (b) This chapter shall not apply to cigarettes allowed to be (imported or brought into the United States for personal use, or to / cigarettes sold or intended to be sold as duty-free merchandise by ja duty-free sales enterprise in accordance with 19 U.S.C. I section 1555(b) and any implementing regulations. However, this i chapter shall apply to any such cigarettes that are brought back I into the customs territory for resale within the customs territory.
Section 3. Cigarettes imported or reimported into the United ! States for sale or distribution under any trade name, trade dress or I trademark that is the same as, or is confusingly similar to, any , trade name, trade dress or trademark used for cigarettes manufac- tured in the United States for sale or distribution in the United States shall be presumed to have been purchased outside of the ordinary channels of trade.
Section 4. A violation of section 2 shall constitute an unfair trade practice under chapter 93A and a person who violates section 2 shall be subject the same penalties and remedies as available under chapter 93A in addition to any penalties or reme dies set forth in this chapter.
Section 5. (a) The commissioner shall enforce this chapter. At the request of the commissioner, or the commissioner's duly authorized agent, the state police and all municipal police authori ties shall also enforce this chapter. The attorney general shall have concurrent jurisdiction with the prosecuting attorneys to prosecute violations of this act. (b) For the purpose of enforcing this chapter, the commissioner and any agency or department to which the commissioner dele gates enforcement responsibility under subsection (a) may request information from any state or local agency, and may share information with, and request information from, any federal, state or local agency in the United States.
Section 6. (a) The commissioner may revoke or suspend the license of any licensee under chapter 64C upon finding, after notice and a hearing, of a violation by the licensee of this chapter or any implementing regulation promulgated thereunder by the commissioner. The commissioner may also impose on any person a civil penalty in an amount not to exceed the greater of 500 per cent of the retail value, of the cigarettes involved or $5,000 upon finding a violation by such person of this chapter or any regula tion promulgated thereunder.
(b) Cigarettes that are acquired, held, owned, possessed, trans ported in, imported into, or sold or distributed in the common wealth in violation of this chapter shall be deemed contraband and shall be subject to seizure and forfeiture in the same manner as provided for unstamped cigarettes under section 38A of chapter 64C. Any cigarettes so seized and forfeited shall be destroyed. Such cigarettes shall be deemed contraband whether a violation of this act is knowing or otherwise.
Section 7. A person who commits any of the acts prohibited under section 2, either knowing or having reason to know he is doing so, shall be punished by a fine of not more than $5,000 or imprisonment in the state prison for not more than 5 years, or by both such fine and imprisonment.
Floor Number: 385 Clerk Number: 143
RELATING TO THE ESTABLISHMENT OF THE MASSACHUSETTS IMMUNIZATION REGISTRY
Mr. Moore moved that the bill be amended by adding at the end thereof the following new Section:-
SECTION____. Chapter 111 of the General Laws is hereby amended by inserting after section 24J the following section:-
Section 24K. The department of public health shall establish, maintain and operate a computerized information system to be known as the Massachusetts Immunization Registry. The Massachusetts Immunization Registry shall record immunizations and immunization history with identifying information and shall be used to increase immunization rates and coordinate and promote effective disease prevention and control efforts. The Massachusetts Immunization Registry shall include appropriate controls to protect the security of the system and the privacy of the information.
(a) Upon receipt of an initial birth record for a newborn, the state registrar of vital records and statistics shall transmit to the Massachusetts Immunization Registry: (1) the information contained in the birth record pursuant to section 1 of chapter 46, notwithstanding any restrictions set forth in chapter 46; and (2) notwithstanding section 24B of chapter 111, the information regarding immunizations administered to a newborn and such other information transmitted with the birth record pursuant to said section as the department determines to be the minimum necessary for the effective operation of the Massachusetts Immunization Registry.
Any licensed health care provider practicing in Massachusetts who administers any immunization to a child under the age of 19 residing in Massachusetts, or any immunization in response to a public health need, as determined by the department, to a Massachusetts resident 19 years of age or older shall for each immunization administered report to the Massachusetts Immunization Registry such data as the department determines is necessary for disease prevention and control. The reporting of an immunization at birth to the state registrar of vital records pursuant to section 24B of chapter 111, satisfies this reporting requirement.
Any licensed health care provider who administers immunizations, other than those required to be reported above, to any individual, irrespective of residency, may report to the Massachusetts Immunization Registry such information as the department determines is necessary for disease prevention and control.
Individually identifiable immunization information may be released from the Massachusetts Immunization Registry without the explicit consent of the individual or the minor child’s parent or guardian as set forth in this section, unless the individual or the parent or guardian objects to such disclosure. All licensed health care providers, before administering an immunizing agent that will be reported to the Massachusetts Immunization Registry, shall provide notice to the parent, guardian or individual explaining the Massachusetts Immunization Registry and providing the right to object to the disclosure of such information as set forth in this section.
(b) The department may grant access to the Massachusetts Immunization Registry to the following categories of users in the commonwealth: (1) licensed health care providers practicing in Massachusetts who administer immunizations and other licensed health care providers who administer immunizations to Massachusetts residents; (2) elementary and secondary school nurses and registration officials who require proof of immunizations for purposes of school enrollment and disease control; (3) local boards of health for disease prevention and control; (4) Women Infants and Children Nutrition Programs’ staff who administer WIC benefits to eligible infants and children (WIC); (5) staff of state agencies or state programs whose duties include education and outreach to parents and guardians of under immunized children and improvement of immunization coverage rates among their clients.
A user may apply to the department and the department may designate appropriate users who shall have access only to the individually identifiable information for which access is authorized. Information designated for department use only shall not be accessed by authorized users. The department may revoke access privileges for just cause.
(c) Nothing in this section shall prohibit the release of immunization information to persons authorized by the written consent of an individual or the custodial parent or legal guardian of a child under the age of 18.
(d) Nothing in this section shall prohibit the release of information in the aggregate, provided that it would not identify any person named in the Massachusetts Immunization Registry.
(e) Nothing in this section shall prohibit the release of identifiable information, excluding that designated for department use only and for which there is an objection to disclosure on record, to persons authorized by the commissioner to conduct research studies pursuant to section 24A of chapter 111, provided that the researcher submits a written request for information and executes a research agreement that protects the confidentiality of the information provided. Such agreements shall prohibit the release by the researcher of any information that might identify any person in the Massachusetts Immunization Registry.
(f) Nothing in this section shall prohibit the release of identifiable information to registries of other states, provided that the department enters into collaborative agreements, which to the maximum extent possible protect the confidentiality of citizens of the commonwealth in accordance with state law.
(g) Information contained in the Massachusetts Immunization Registry is confidential and shall not constitute a public record nor be available except in accordance with this section. Such confidential information shall not be subject to subpoena or court order and shall not be admissible as evidence in any action of any kind before any court, tribunal, agency, board or person.
(h) Nothing in this section is intended to require immunization or tracking of any child otherwise exempt from immunization requirements under section 15 of chapter 76.
(i) An authorized user, including an employee of the department, who in good faith discloses or does not disclose information to the Massachusetts Immunization Registry, shall not be liable in any cause of action arising from the disclosure or nondisclosure of that information.
j) An authorized user, including an employee of the department, who knowingly and willfully discloses identifiable information to an unauthorized user is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent offense. Such conduct shall also subject the person to the loss of privileges to access the Massachusetts Immunization Registry; disciplinary action if an employee of the department or other state agency; reporting to the appropriate licensing board for disciplinary action; or termination of a contract with the department.
(k) The department shall establish procedures that allow for any individual, parent or guardian to amend incorrect information in the Massachusetts Immunization Registry and that shall provide, upon request, a record of who has accessed an individual’s information. The department shall promulgate rules and regulations to implement the Massachusetts Immunization Registry.
Floor Number: 386 Clerk Number: 226
PROTECT LICENSED HOSPITAL BED CAPAPCITY
Messrs. Tarr and Brown moved that the bill be amended by inserting, after section 109, the following new section: -
"Section___. Section 51 of chapter 111 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended: by striking the word "shall" in line 29 and replacing it with the word "may", and further, by striking the text beginning with and the word "As" in line 32 and ending with the word "five" in line 47.
Floor Number: 387 Clerk Number: 370
MAMMOGRAPHY
Ms. Chandler, Ms. Spilka, and Ms. Resor moved that the bill be amended by inserting after Section____, the following new Section:-
"SECTION____. Section 5L of chapter 112 of the General Laws is hereby amended by inserting at the end the following wording:- The board, pursuant to its regulatory authority under section 10 of chapter 13, retains the discretion to determine certain physicians to be eligible to request a waiver of the requirements of this section and may further grant waivers exempting physicians from the requirements of this section; provided, however, that a waiver shall be granted only when it is determined by the board to be in the best interest of public health."
Floor Number: 388 Clerk Number: 423
SMOKING BAN I
Messrs. Lees, Tisei and Knapik moved that the bill be amended by inserting, after Section ___, the following new Section:-
"SECTION _____. Chapter 270, as amended by Chapter 137 of the Acts of 2004, is hereby amended by striking "51 per cent" in section 22(h)(b) and inserting in place thereof "25 per cent" ".
Floor Number: 389 Clerk Number: 425
SMOKING BAN II
Messrs. Lees, Tisei, Tarr and Knapik moved that the bill be amended by inserting, after Section ___, the following new Section:-
"SECTION____. Chapter 270 of the General Laws, as appearing in the 2002 official edition, is hereby amendment by inserting the following section:- Section 22A. Notwithstanding the provisions of this chapter, any bar, restaurant or other establishment that serves food or beverages that can demonstrate a substantial loss of revenues as a result of complying with section 22 of this chapter can apply to the local board of health for a hardship license. The Department of Public Health shall promulgate regulations not inconsistent with the provisions of the section in order to facilitate a uniform process for granting such licenses. As used in this section, "substantial loss of revenues" shall include a showing that total revenues were at least 20% greater during the average of 3 12-month periods before July 5, 2004 than total revenues between July 5, 2004 and July 2005."
Floor Number: 390 Clerk Number: 696
MANDATORY OVERDOSE REPORTING
Messrs. Tolman and McGee moved that the bill be amended by inserting, after Section___, the following new section:-
Section ____. Section 12DD of Chapter 112 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph: "Every physician attending or treating a case of heroin or other opioid overdose shall report such case to the department of public health within twenty-four hours. Whenever any such case is treated in a hospital, clinic or other institution, the administrator, manager, or other person in charge thereof shall report such case to the commissioner of public health within twenty-four hours. The reports made pursuant to this section shall be confidential and shall not be a public record as defined by Section 7 of Chapter 4. The department of public health shall promulgate regulations to carry out the provisions of this section. Whoever violates any provision of this section shall be punished by a fine of not less than fifty dollars or more than one hundred dollars."
Floor Number: 391 Clerk Number: 699
LICENSURE OF HEALTH CARE REPRESENTATIVES
Mr. Montigny moved that the bill be amended by inserting the following new section:-
The department of public health shall be required to promulgate regulations requiring all health care representatives to be licensed. As a prerequisite to licensing, health care representatives shall complete appropriate training deemed appropriate by the department
Floor Number: 392 Clerk Number: 503
VNA OF BOSTON
Mr. Hart moved that the bill be amended, in Section 2, in item
Floor Number: 393 Clerk Number: 28
YWCA
Mr. Baddour moved that the bill be amended, in Section 2, in item 4000-0112 by inserting after the words "Girls Incorporated of Holyoke Drop-In Center;" the following:- "provided further, that not less than $100,000 shall be expended for the programs and improvements at the YWCA of Haverhill."
Floor Number: 394 Clerk Number: 56
SCANTIC VALLEY YMCA
Mr. Lees moved that the bill be amended, in Section 2, in item 4000-0112 by inserting at the end thereof the following:- "provided further, that not less than $50,000 shall be expended for the Scantic Valley YMCA"
Floor Number: 395 Clerk Number: 194
FISHTOWN ARTSPACE
Mr. Tarr moved that the bill be amended, in Section 2, in item 4000-0112 by inserting, after the words "Family Services Incorporated of Lawrence;" the following: - "provided further, that not less than $40,000 shall be expended to Fishtown Artspace Inc;"
Floor Number: 396 Clerk Number: 291
RANDOLPH COMMUNITY CENTER
Mr. Joyce moved that the bill be amended, in Section 2, in item 4000-0112 by inserting after the word "Incorporated," with the following: "provided further, that $500,000 shall be expended to the Town of Randolph for the purpose of the development of the Randolph Community Center Project." Mr. Joyce further moves to amend the bill, in Section 2, in item 4000-0112, by striking out the figure "$3,000,000" and inserting in place thereof "3,500,000".
Floor Number: 397 Clerk Number: 369
GREATER WORCESTER YMCA
Ms. Chandler moved that the bill be amended, in Section 2, in item 4000-0112, by inserting after the words "leadership training and community service;" the following wording:- "provided further, that, that no less than $125,000 shall be expended for the Greater Worcester YMCA youth programs;"
Floor Number: 398 Clerk Number: 441
FRANKLIN COMMUNITY ACTION CORPORATION
Messrs. Brewer and Rosenberg moved that the bill be amended, in Section 2, in item 4000-0112, by adding at the end thereof the following:- "provided further, that not less than $50,000 shall be expended to the Franklin Community Action Corporation for youth service;"
Floor Number: 399 Clerk Number: 466
ANDOVER YOUTH SERVICES
Ms. Tucker moved that the bill be amended, in Section 2, in item 4000-0112, line 22 by inserting after the word "service;" the following words: "provided further, that not less than $150,000 shall be expended for non-profit Youth Services in Andover."
Floor Number: 400 Clerk Number: 538
YMCA OF GREATER BOSTON
Ms. Walsh moves that the bill amended, in Section 2, in item 40000-0112 by inserting after the word "centers;" the following:- Provided, that not less than $500,000 shall be expended for the YMCA of greater Boston to facilitate capital projects approved by the board of directors of the YMCA including, but not limited to, capital projects in the town of Norwood, the West Roxbury section of Boston, East Boston, Woburn, Bedford and in other cities and towns within the greater Boston area.