HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/MASS-1.ASC

Text File | 1993-01-14 | 13KB | 272 lines

/*Massachussetts has established an AIDS advisory panel, a Fund,
and testing laws.  Non-reusable syringes are mandated. */

35K. There shall be established and set up on the books of the
commonwealth a separate fund, to be administered by the
commissioner of public health as provided in sections two D to
two F, inclusive, of chapter one hundred and eleven, to be known
as the Massachusetts AIDS Fund Said fund shall consist of all
revenues received by the commonwealth under the provisions of
section six G of chapter sixty-two, from public and private
sources as appropriations, gifts, grants, and donations, and from
the federal government as reimbursements, grants-in-aid or other
receipts, to further the purposes of said fund as set out in
section two E of said chapter one hundred and eleven. All
revenues credited to said fund under this section shall remain in
said fund, not subject to  appropriation, for application to said
purposes. The state treasurer shall not deposit revenues in or
transfer said revenues to the general fund or any other fund
other than the Massachusetts AIDS fund. The state treasurer shall
deposit monies in said fund in accordance with the provisions of
sections thirty-four and thirty-four A of chapter twenty-nine in
such manner as will acquire the highest interest rate available
consistent with safety of the fund and with the requirement that
all amounts on deposit be available for immediate withdrawal at
any time.  Said fund shall be expended only for the purpose
stated in section two E of chapter one hundred and eleven at the
direction of the commissioner of public health, and any
unexpended balances shall be redeposited, as herein provided, for
further use consistent with this section.

Expenditures from the fund may be made in accordance with the
provisions of section two E of chapter one hundred and eleven.



7. Attorney general; notice of circumstances of death

If, during the course of investigation, the medical examiner is
of the opinion that the death may have been caused by the act or
negligence of another, he shall at once notify the district
attorney within whose district the deceased was found or, if such
act or negligence has occurred in a different district, the
district attorney for such other district. He shall also make
available to the district attorney any and all records pertaining
to such investigation. He shall in all cases forthwith certify to
the city or town clerk or registrar in the place where the
deceased died, the name and address, if known, or otherwise a
description as full as may be of the deceased, and the cause and
manner of death. Notwithstanding any other provision of law, such
certification may indicate that the death was caused by auto-
immune deficiency syndrome, so-called.

In cases of homicide, after indictment and arraignment, and while
the defendant is in custody or subject to the jurisdiction of the
court, upon his request, a copy of the official autopsy report
and a copy of the inquest report, if any, shall be made available
to him by the district attorney in accordance with the provisions
of the Massachusetts Rules of Criminal Procedure.



6G. Massachusetts AIDS Fund; voluntary contributions

Every individual who files a separate return and every husband
and wife filing a return jointly may voluntarily contribute all
or part of any refund to which they are entitled, or may
voluntarily add an amount onto any amount due, to be credited to
the Massachusetts AIDS fund established pursuant to section
thirty-five K of chapter ten.

A contribution made under this section may be with respect to any
taxable year at the time of filing a return of the tax
established by this chapter for such taxable year; provided,
however, that the commissioner shall prescribe the manner in
which such contribution shall be made on the face of the return
required by section five of chapter sixty-two C; and provided,
further, that the commissioner shall assure that taxpayers filing
any such forms are made clearly aware of their ability to make
the contributions provided for by this section.

The commissioner shall annually report the total amount
designated under this section to the state treasurer, who shall
credit such amount to said Massachusetts AIDS fund.



2D.  Massachusetts AIDS Fund; definitions

As used in sections two D to two F, inclusive, the following
words shall, unless the context clearly indicates otherwise, have
the following meanings:

"AIDS", acquired immune deficiency syndrome.

"AIDS advisory board", the board established pursuant to section
two F. "Education", efforts to inform the public, or groups
within the public who are seropositive or at high risk of HIV
infection, with targeted information directed specifically at
decreasing the incidence of unsafe behavior associated with the
transfer of the HIV virus.

"Experimental treatment", treatment for the HIV infection or its
associated illnesses which has not yet been approved for general
use by an appropriate agency of the federal government.

"Fund", the Massachusetts AIDS Fund established pursuant to
section thirty-five K of chapter ten.

"HIV", the human immunodeficiency virus associated with-AIDS.

"Research", scientific study conducted through community-based
efforts to determine the effectiveness of drug and non-drug
therapy in combatting the HIV infection and its associated
illness, including research into the effectiveness of educational
methods and materials.

"Sero-positive", the status of having tested positive for HIV
antibodies.

"Treatment", such treatment as is approved by appropriate
agencies of the United States government for the HIV infection or
its associated illnesses.



2E Massachusetts AIDS Fund; expenditures

The commissioner may end amounts contained in the fund, with the
under the guidance of the AIDS advisory board solely for research
treatment, experimental treatment, and education related to
acquired immune deficiency syndrome. Expenditures from the fund
for such purposes shall complement and not replace existing
local, state, or federal AIDS-related funding.  The commissioner
shall determine, with the advice and under the guidance of the
AIDS advisory board, appropriate educational efforts to fund. The
commissioner, after consultation with the AIDS advisory board,
shall develop a list of research priorities and protocols. The
commissioner shall make a priority of researching those drug and
non-drug therapies that are not made generally available through
federal and other state programs, and shall prioritize those
therapies which show the most promise of combating the HIV
infection or its associated illnesses.

No more than six percent of the amounts held in the fund in any
one year shall be used for administration of the fund; provided,
however, that this provision shall not preclude the appropriation
from the General Fund of the commonwealth of additional amounts
to support the administration of the fund.

 Notwithstanding any statute or regulations to the contrary, the
commissioner may develop, with the advice of the AIDS advisory
board procedures for accepting proposals for implementing any of
the purposes of the fund as set forth in this section.



2F  Massachusetts AIDS advisory board; membership

There shall be an AIDS advisory board constituted for t he
general purpose of making recommendations to the commissioner
concerning the administration and allocation of the fund, and
performing any other functions specifically granted to it by law.

The commissioner shall have the authority to appoint all members
of the AIDS advisory board, which shall consist of no more than
nineteen members, and shall include the following: two persons
with AIDS; two persons with AIDS-related complex; two persons who
are sero-positive; six persons each who have demonstrable
experience in providing AIDS related direct services to persons
who are at risk of HIV infection or who are sero-positive, one of
whom has experience with persons of African-American heritage,
one of whom has experience with persons of Hispanic heritage, one
of whom has experience with persons of Haitian origin; one of
whom has experience with persons who are intravenous drug users,
one of whom has experience with local, state or federal
prisoners, and one of whom has experience with gay men; a
sociologist who has demonstrable experience in neighborhood based
AIDS-related education or research; an epidemiologist who has
demonstrated experience in neighborhood based AIDS-related
research or treatment; a pediatrician with demonstrable
experience in treating children  with the HIV infection or
related illnesses; and a representative of the AIDS Action
Committee of Massachusetts.



53c.  Non-reusable syringes;  regulations advisory committee

Every hospital, clinic or home health care provider licensed by
the department or receiving funds from the commonwealth shall
comply with regulations issued by the department requiring the
use of non-reusable syringes for all human immunizations which
are intended to be for a single use. Such regulations shall be
issued by the department no later than January first, nineteen
hundred and ninety-four, and may contain such reasonable
exceptions and enforcement provisions as the commissioner may
determine.

In promulgating such regulations, the commissioner shall consider
the recommendations of the non-reusable syringe regulation
advisory committee. Said committee shall be appointed by the
commissioner, and shall consist of one representative of an
organization concerned with AIDS, one representative of a
hospital organization, one representative of a nursing
organization, one representative of health care professions, one
representative of licensed clinics, one representative of a
manufacturer of medical devices, including non-reusable syringes,
one representative of a health insurer, one representative of a
drug addiction and treatment program, and one representative of
an organization concerned with public health.



57D. Hospice programs

The department shall, after a public hearing, promulgate rules
and regulations for the licensing and conduct of hospice
programs. For the purpose of this section, hospice shall mean a
coordinated program of care and services for those who are
determined to be terminally ill with a limited life expectancy.
These services are to be provided by, or arranged to be provided
through, an interdisciplinary team, which shall include health
care and counseling providers, in a home setting, on an out-
patient basis, and on a back-up in-patient basis, not to exclude
those patients requiring only in-patient care.  Such services
shall include, but not be limited to, physician's services,
nursing care provided by or under the supervision of a registered
professional nurse, social services, volunteer services, and
counseling services provided by professional or volunteer staff
under professional supervision.  The licensee, if contracting for
in-patient back-up services, must have a written contract
providing for such services. The department shall issue for a
term of two years and renew for a like term a license to maintain
a hospice program to any organization which it deems responsible
and suitable to establish and maintain such program. Said
licensees shall be subject to suspension, revocation, or refusal
to renew for cause. The department shall determine the fee and
renewal of said license.



70F HLTV-III test; confidentiality; informed consent

No health care facility, as defined in section seventy E, and no
physician or health care provider shall (1) treat any person for
the presence of the HTLV-III antibody or antigen without first
obtaining his written informed consent; (2) disclose the results
of such test to any person other than the subject thereof without
first obtaining the subject's written informed consent; or (8)
identify the subject of such tests to any person without first
obtaining the subject's written informed consent.

No employer shall require HTLV-III antibody or antigen tests as a
condition for employment.

Whoever violates the provisions of this section shall be deemed
to have violated section two of chapter ninety-three A.

For the purpose of this section a, "written informed consent"
shall mean a written consent form for each requested release of
the results of an individual's own antibody or antigen test, or
for the release of medical records containing such information.
Such written, consent form shall state the purpose for which the
information is being requested and shall be distinguished from
written consent for the release of any other medical information,
and for the purpose of this section "HTLV-III test" shall mean a
licensed screening antibody test for the human T-cell
lymphotrophic virus type III.