Notices of Public Hearing (Published 1/31/2025)

Campaign and Political Finance, Office of

NOTICE OF PUBLIC HEARING ON REGULATIONS

The Office of Campaign and Political Finance (OCPF) will hold a public hearing concerning proposed revisions to regulations at 970 CMR 2.00 relative to the use of campaign funds for childcare expenses. The regulations will be issued pursuant to M.G.L. c. 55, § 3, G.L. c. 30A, and Section 313 of Chapter 238 of the Acts of 2024. The intention of this action is to make permanent Emergency Regulations filed on January 6, 2025 regarding this matter.

The public is invited to comment on the proposed regulations, which are posted on OCPF's website at www.ocpf.us. The public hearing will be held on Thursday, March 6, 2025, at 10:00 a.m. at the office of OCPF, One Ashburton Place, Room 411, Boston, Massachusetts. Testimony may be presented orally at the public hearing in person or via teleconferencing platform. Persons wishing to attend the hearing remotely should email Jason.tait@mass.gov and request the teleconferencing platform link. 

Written comments may also be submitted by mail or email until 5:00 PM on March 17, 2025, to sarah.hartry@mass.gov, or via mail to General Counsel Sarah Hartry, OCPF, One Ashburton Place, Room 411, Boston, MA 02108. 

CMR No.: 970 CMR 2.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

Agency Submitting Regulation: Massachusetts Office of Campaign and Political Finance (OCPF)
Subject Matter of Regulation: The office intends to issue revised regulations at 970 CMR 2.00. The regulations will be implemented as required by Section 313 of Chapter 238 of the Acts of2024 relative to the use of campaign funds for childcare purposes.
Regulation No: Adds new 970 CMR 2.06(3)(y).
Statutory Authority: The regulations will be issued pursuant to M.G.L c. 30A, M.G.L. c, 55, § 3 and Section 313 of Chapter 238 of the Acts of 2024.
Other Agencies Affected: None.
Other Regulations That May Duplicate or Conflict with the Regulation: None.
Describe the Scope and Objectives of the Regulation: The regulations will implement portions of Chapter 238 of the Acts of2024 relative to the permitted use of campaign funds for childcare purposes.
Business lndustry(ies) Affected by the Regulation: None.
Types of Businesses Included in the Industry(ies): None.
Total Number of Small Businesses Included in the Regulated lndustry(ies) None. (Please see the attached guidance documents for assistance determining the total number of small businesse)
Number of Small Businesses Potentially Subject to the Proposed Regulation: None.
Effective Date Used In Cost Estimate: NIA 

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.
  

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Will the regulation have the effect of creating additional taxes and/or fees for small business

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.  

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Can the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Can the compliance or reporting requirements be consolidated or simplified for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards?

  No.

• Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe.

  No.

Higher Education, Board of
610 CMR 15.00: Massachusetts Inclusive Postsecondary Education Initiative   

NOTICE OF PUBLIC HEARING

Program Guidelines

Notice is hereby given pursuant to M.G.L. c. 30A § 2 and c. 15A, § 9 that the Massachusetts Department of Higher Education will open a comment period relative to the adoption of regulation 610 CMR 15.00: Massachusetts Inclusive Postsecondary Education Initiative Program Guidelines.

The Department of Higher Education’s proposed regulation 610 CMR 15.00 seeks to establish minimum guidelines, expectations, and procedures to help public higher education institutions offer inclusive education programming safely and appropriately to eligible students with severe disabilities and help strengthen partnerships with other state agencies. Specifically, the proposed regulation: (1) establishes nomenclature for the new program, by instituting “Massachusetts Inclusive Postsecondary Education Initiative” (MAIPSE) as an umbrella term for both the previously existing and newly codified “MAICEI Programs” (students aged 18 years up to the age of 22 years) and “Post-MAICEI Programs” (students aged 22 years and over), which collectively refer to a comprehensive model of services designed to support individuals with severe intellectual disabilities, severe autism spectrum disorder, and severe developmental disabilities; (2) defines minimum expectations for MAIPSE programs at public institutions of higher education (IHEs), such as by requiring each IHE to develop guidelines governing student selection criteria, institutional administrative capacity, course selection, residential housing, and student conduct; (3) provides minimum expectations for an “Individual Student-Centered Participation Plan (ISCPP)”, an umbrella term to describe the written plan(s) that are developed in alignment with 610 CMR 15.05 by DDS, MassAbility, or any other relevant state agency that serves individuals with Severe Disabilities and supports participation of a student aged twenty-two (22) years or over in a Public Institution’s Post-MAICEI program; and (4) addresses annual, legislatively mandated institutional reporting requirements.

The comment period will begin when the proposed regulation is published in the Massachusetts Register on January 31, 2025 and will close three weeks thereafter, on February 21, 2025.

The public hearing will be held virtually on Friday, February 7, 2025 at 12:00 noon via Zoom:

When: Feb 7, 2025 12:00 PM Eastern Time (US and Canada)
Participants must register in advance for this meeting: https://us02web.zoom.us/meeting/register/i4M6oyqQQI6CyuhCIIy6cQ

After registering, you will receive a confirmation email containing information about joining the meeting. 

Written comments on the proposed amendments may be submitted at any time prior to 5:00pm EST on February 21, 2025, by directing the same to the following:  
Email: BHERegulationsComments@dhe.mass.edu
Postal Mail: Massachusetts Department of Higher Education One Ashburton Place, Room 1401 Boston, MA 02108 Attn: Christopher J. Grimaldi, Assistant General Counsel

A copy of the proposed regulations, as well as the Department of Higher Education’s fiscal effect and small business impact statement, are available on the Department of Higher Education’s website at https://www.mass.edu/bhe/review.asp. Copies may also be obtained by calling Christopher J. Grimaldi at 617-994-6983.

For special accommodations for submission of public comments or information regarding submission of public comments in an alternative format, please contact Christopher J. Grimaldi at 617-994-6983.

CMR No.: 610 CMR 15.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

The Board of Higher Education seeks to enact revisions to existing regulations: 610 CMR 15.00: Massachusetts Inclusive Postsecondary Education Initiative Program Guidelines. 

In July of 2022, via the FY2023 General Appropriations Act, legislation was enacted in Massachusetts to expand post-secondary educational and experiential opportunities for students with severe disabilities who were unable to achieve a competency determination under section 1D of chapter 69 (e.g., pass MCAS). The legislation both codified the then-existing Massachusetts Inclusive Concurrent Enrollment Initiative (MAICEI) that had been funded in prior appropriation line items to provide such opportunities to individuals between the ages of 18 and 22 (M.G.L. c. 71B, §17); and also established a foundation for expanding access to postsecondary education opportunities for individuals over the age of 22 by requiring each public institution of higher education in Massachusetts to establish policies and guidelines governing the selection and participation of 22 and over eligible individuals with severe disabilities. The legislation has several components, including amending the Department of Higher Education’s (DHE) enabling legislation (M.G.L. c. 15A, Section 30A), creating a trust fund (M.G.L. c. 29, Section 2VVVVV), and codifying a grant program (M.G.L. c. 71B, section 17) to help fund, support, and administer the collective programs. 

In turn, the legislature charged the DHE with promulgating regulations to implement the new law and, more specifically, the associated grant program which facilitates student access and is referenced in section 17 of chapter 71B. The DHE’s proposed regulation seeks to establish minimum guidelines, expectations, and procedures to help public higher education institutions offer inclusive education programming safely and appropriately to eligible students with severe disabilities and help strengthen partnerships with other state agencies. Specifically, the proposed regulation: 

• establishes nomenclature for the new program, by instituting “Massachusetts Inclusive Postsecondary Education Initiative” (MAIPSE) as an umbrella term for both the previously existing and newly codified “MAICEI Programs” (students aged 18 years up to the age of 22 years) and “Post-MAICEI Programs” (students aged 22 years and over), which collectively refer to a comprehensive model of services designed to support individuals with severe intellectual disabilities, severe autism spectrum disorder, and severe developmental disabilities;
• defines minimum expectations for MAIPSE programs at public institutions of higher education (IHEs), such as by requiring each IHE to develop guidelines governing student selection criteria, institutional administrative capacity, course selection, residential housing, and student conduct;
• provides minimum expectations for an “Individual Student-Centered Participation Plan (ISCPP)”, an umbrella term to describe the written plan(s) that are developed in alignment with 610 CMR 15.05 by DDS, MassAbility, or any other relevant state agency that serves individuals with Severe Disabilities and supports participation of a student aged twenty-two (22) years or over in a Public Institution’s Post-MAICEI program; and
• addresses annual, legislatively mandated institutional reporting requirements.

M.G.L. c. 30A provides that before any regulation becomes effective, agencies of the Commonwealth must file with the Secretary of the Commonwealth a statement considering the impact of said regulation on small businesses. Such statement of consideration shall include, but not be limited to, an estimate of the number of small businesses subject to the proposed regulation; projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation; the appropriateness of performance standards versus design standards; an identification of relevant regulations of the promulgating agency, or any other state agency, which may duplicate or conflict with the proposed regulation; and an analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth.

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  This regulation will apply only to the twenty-eight (28) Massachusetts public institutions of higher education that offer undergraduate programming, and will not extend to, nor place any regulatory burden upon, any private independent institutions or other entities operating in the Commonwealth. Public higher education institutions do not fall under the definition of “small businesses” as established by the U.S. Small Business Administration in 13 CFR section 12.201.

• Projected reporting, recordkeeping, and other administrative costs

  The Board anticipates that the Department of Higher Education will experience incidental administrative costs related to collecting and reviewing annual institutional reports regarding MAIPSE programming, as well as administrative costs of otherwise ensuring public institutions’ compliance with the requirements of M.G.L. c. 15A, s. 30A. The Board further anticipates that the twenty-eight public higher education institutions to which the regulation applies will experience incidental administrative costs related to their compliance with the regulation’s annual reporting requirement, minimum administrative capacities and certifications. The grant program that is the subject of the regulation, however, is intended to cover the costs of these administrative capacities.

• Appropriateness of performance standards versus design standards

  Performance standards are appropriate for these regulations, which are proposed in part to establish minimum criteria for public higher educational institutions’ participation in the MAIPSE Program. Design standards are also appropriate for these regulations, which are proposed in part to establish procedures by which institutions can establish and maintain eligibility for MAIPSE grant funding, while maintaining a sense of predictability and consistency among all twenty-eight public campuses.

• Identification of duplicate or conflicting regulations

  The Board has not identified any duplicate or conflicting regulations promulgated by any state agency.

• Analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth

  The proposed regulation is unlikely to have an impact on the competitive environment in Massachusetts or the economy at large due to the regulation’s limited scope. The regulation applies only to Massachusetts public institutions of higher education to offer inclusive undergraduate programing for students with severe disabilities and set forth minimum expectations on how such institutions can access grant funding to support program implementation. As such, the regulation does not extend to, nor does it place any regulatory burden upon, any private/independent colleges and universities located in the Commonwealth of Massachusetts.

Medicine, Board of Registration in
243 CMR 1.00 & 2.00 

PUBLIC  NOTICE

Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Board of Registration in Medicine (“Board”) will hold a public hearing and comment period on the recent amendments, filed on January 9, 2025, on an emergency basis, to 243 CMR 1.00: Disciplinary Proceedings for Physicians and 243 CMR 2.00: Licensing and the Practice of Medicine. These emergency amendments codify Massachusetts Shield Law protections for physicians.

The Massachusetts Shield Law was enacted to protect healthcare providers and patients from legal actions, penalties, or extradition requests related to providing reproductive or genderaffirming care that is legal in Massachusetts but restricted in other states.

The Shield Law applies to legally protected health care activity, which is defined as:
• Exercising or attempting to exercise the right to reproductive health care services or gender-affirming health care in Massachusetts;
or
• Helping another to exercise or attempt to exercise the right to reproductive health care services or gender-affirming health care in Massachusetts.

After the statute was enacted, the Board issued policy guidance to provide additional clarity on the protections afforded under the law. Notwithstanding the statute or the policy guidance issued, there is still uncertainty in the provider community, which could have a chilling effect on delivery of the essential health services protected under the law. These regulations are designed to enshrine what is already in the law, and in providing this clarity and regulatory authority, the regulations are ensuring the uninterrupted continuation of reproductive health care services and gender affirming health care services for patients and providers. This is necessary for the preservation of public health. By implementing emergency regulations, the Board can address the immediate need for clear and provider-specific rules, fostering compliance and ensuring that healthcare professionals are adequately informed and protected under the law.

The public hearing will be held on February 18, 2025, at 10:00 a.m.
The hearing will be conducted on a moderated conference call.
The information for the moderated conference call is:
 Dial-in Telephone Number: 888-870-1895 Participant Passcode: 9063377
To Testify Press: *1

A copy of the proposed amendments to 243 CMR 1.00: Disciplinary Proceedings for Physicians and 243 CMR 2.00: Licensing and the Practice of Medicine may be viewed on the Board’s website at https://www.mass.gov/lists/proposed-amendments-to-borim-regulations or requested from the Board by calling 781-876-8200. 

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit written testimony electronically to Reg.Testimony@mass.gov, or by mail to:
Vita Palazzolo Berg
General Counsel, Board of Registration in Medicine
178 Albion Street
Wakefield, MA 01880. 

Please submit electronic testimony as an attached Word document and type “243 CMR 1.00 and 2.00 Shield Law Regulations” in the subject line of the email. All submitted testimony must include the sender’s full name and address. 

The Board will post all electronic testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on February 18, 2025. All comments received by the Board may be released in response to a request for public records. If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Stacy Hart at least 5 days before the hearing at Tel #857-274-1120, or email Stacy.Hart@mass.gov. 

CMR No: 243 CMR 1.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to physician licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

CMR No: 243 CMR 2.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to physician licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Nursing, Board of Registration in - 244 CMR 7.00 & 8.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2 that the Board of Registration in Nursing (“BORN”) within the Department of Public Health will hold a public hearing on emergency amendments to the following regulations: 244 CMR 7.00 Investigations, Complaints, and Board Actions; and 244 CMR 8.00 Licensure Requirements.

244 CMR 7.00 establishes the grounds for discipline and the actions that may be taken to resolve complaints in accordance with M.G.L. c. 30A.

244 CMR 8.00 sets forth the Board’s requirements for licensure of registered nurses and licensed practical nurses. 

These proposed emergency amendments implement and codify into regulation the provisions of M.G.L. c. 112, § 77, as amended by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care. The proposed emergency amendments protect nurses from disqualification from licensure, and from BORN discipline, on the basis of providing, or assisting in providing, reproductive health care services and gender affirming health care services if the services provided would be lawful and consistent with good professional practice if they occurred entirely within Massachusetts.

The public hearing will be held at 9:00 a.m. on Friday, February 14, 2025. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:

Dial-in Telephone Number: 888-847-7592
Participant Passcode: 6361414

A copy of the proposed amendments to 244 CMR 7.00 and 244 CMR 8.00 may be viewed on the Department’s website at http://mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220.

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender’s full name and address. When electronically submitting comments, type “BORN Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email. All submissions must include the sender’s full name and address.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on Friday, February 14, 2025. All comments received by the Department may be released in response to a request for public records.

CMR No.: 244 CMR 7.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to nurse licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed changes must be made through regulation to implement statutory changes to pharmacists’ scope of practice.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

CMR No.: 244 CMR 8.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to nurse licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed changes must be made through regulation to implement statutory changes to pharmacists’ scope of practice.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Pharmacy, Board of Registration in - 247 CMR 3.00, 6.00, 8.00 & 10.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2 that the Board of Registration in Pharmacy (“BORP”) within the Department of Public Health will hold a public hearing on emergency amendments to the following regulations: 247 CMR 3.00: Pharmacist Licensure Requirements; 247 CMR 6.00: Licensure of Pharmacies; 247 CMR 8.00: Pharmacy Interns and Technicians; and 247 CMR 10.00: Disciplinary Proceedings.

247 CMR 3.00 sets forth the Board’s requirements for licensure of pharmacists.

247 CMR 6.00 sets forth the Board’s requirements for licensure of pharmacies. 

247 CMR 8.00 sets forth the Board’s eligibility requirements and procedures to obtain licensure as a pharmacy intern, a pharmacy technician or a pharmacy technician trainee. It also sets forth the scope of practice for each of these licensure types. 

247 CMR 10.00 outlines the procedures used by the Board in order to handle complaints received against BORP registrants and licensees the grounds for discipline and the actions that may be taken to resolve complaints in accordance with M.G.L. c. 30A. 

These proposed emergency amendments implement and codify into regulation the provisions of M.G.L. c. 112, § 77, as amended by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care. The proposed emergency amendments protect pharmacists, pharmacies, pharmacy interns, pharmacy technicians, and pharmacy technician trainees from disqualification from licensure, and from BORP discipline, on the basis of providing, or assisting in providing, reproductive health care services and gender affirming health care services if the services provided would be lawful and consistent with good professional practice if they occurred entirely within Massachusetts.

The public hearing will be held at 11:00 a.m. on Friday, February 14, 2025. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:

Dial-in Telephone Number: 800-475-0372
Participant Passcode: 3099712

A copy of the proposed amendments to 247 CMR 3.00, 247 CMR 6.00, 247 CMR 8.00; and 247 CMR 10.00 may be viewed on the Department’s website at http://mass.gov/dph/proposedregulations or requested from the Office of the General Counsel by calling 617-624-5220.

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender’s full name and address. When electronically submitting comments, type “BORP Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on Friday, February 14, 2025. All comments received by the Department may be released in response to a request for public records.

CMR No.: 247 CMR 3.00, 6.00, 8.00 & 10.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to nurse licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed changes must be made through regulation to implement statutory changes to pharmacists’ scope of practice.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Physician Assistants, Board of Registration of - 263 CMR 3.00 & 6.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2 that the Board of Registration of Physician Assistants (“BORPA”) within the Department of Public Health will hold a public hearing on emergency amendments to the following regulations: 263 CMR 3.00: Licensure of Individual Physician Assistants; and 263 CMR 6.00: Investigations, Complaints, and Board Action.
263 CMR 3.00 sets forth the Board’s requirements for licensure of physician assistants.
263 CMR 6.00 establishes the grounds for discipline and the actions that may be taken to resolve complaints in accordance with M.G.L. c. 30A.

These proposed emergency amendments implement and codify into regulation the provisions of M.G.L. c. 112, § 77, as amended by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care. The proposed emergency amendments protect physician assistants from disqualification from licensure, and from BORPA discipline, on the basis of providing, or assisting in providing, reproductive health care services and gender affirming health care services if the services provided would be lawful and consistent with good professional practice if they occurred entirely within Massachusetts. The protection extends to discipline based on a judgment, discipline or other sanction arising from such services.

The public hearing will be held at 3:00 p.m. on Friday, February 14, 2025. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:

Dial-in Telephone Number: 800-369-1962
Participant Passcode: 8231315

A copy of the proposed amendments to 263 CMR 3.00 and 263 CMR 6.00 may be viewed on the Department’s website at http://mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220.

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender’s full name and address. When electronically submitting comments, type “BORP Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on Friday, February 14, 2025. All comments received by the Department may be released in response to a request for public records.

CMR No.: 263 CMR 3.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to nurse licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed changes must be made through regulation to implement statutory changes to pharmacists’ scope of practice.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

CMR No.: 263 CMR 6.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to nurse licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed changes must be made through regulation to implement statutory changes to physician assistant’s scope of practice.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Psychologists, Board of Registration of -251 CMR 1.00 & 3.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2 that the Board of Registration of Psychologists (“Board”) within the Department of Public Health will hold a public hearing on emergency amendments to the following regulations: 251 CMR 1.00 Ethical Standards, Professional Conduct, and Disciplinary Proceedings; and 251 CMR 3.00 Registration of Psychologists.

251 CMR 1.00 establishes the ethical standards, professional conduct, and disciplinary procedures used by the Board as they related to professional psychologists. 

251 CMR 3.00 sets forth the Board’s requirements for licensure of psychologists. 

These proposed emergency amendments implement and codify into regulation the provisions of M.G.L. c. 112, § 77, as amended by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care. The proposed emergency amendments protect psychologists from disqualification from licensure, and from Board discipline, on the basis of providing, or assisting in providing, reproductive health care services and gender affirming health care services if the services provided would be lawful and consistent with good professional practice if they occurred entirely within Massachusetts. The protection extends to discipline based on a judgment, discipline or other sanction arising from such services.

The public hearing will be held at 1:00 p.m. on Friday, February 14, 2025. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:
Dial-In Telephone Number: 888-810-4935
Participant Passcode: 7432981

A copy of the proposed amendments to 251 CMR 1.00 and 251 CMR 3.00 may be viewed on the Department’s website at http://mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220.

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health 250 Washington Street, Boston, MA 02108-4619
MAURA T. HEALEY Governor KIMBERLEY DRISCOLL Lieutenant Governor KATHLEEN E. WALSH Secretary ROBERT GOLDSTEIN, MD, PhD Commissioner Tel: 617-624-6000 www.mass.gov/dph General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108.
All submissions must include the sender’s full name and address.
When electronically submitting comments, type “BORPSY Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on Friday, February 14, 2025. All comments received by the Department may be released in response to a request for public records.

251 CMR 1.00: Ethical standards, professional conduct and disciplinary proceedings.
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to nurse licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed changes must be made through regulation to implement statutory changes to psychologist’s scope of practice.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

CMR No.: 251 CMR 3.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement statutory protections applicable to nurse licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed changes must be made through regulation to implement statutory changes to psychologist’s scope of practice.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Public Health, Department of
105 CMR 210.000

Notice of Public Hearing

Notice is hereby given pursuant to M.G.L. c. 30A, § 2, that the Department of Public Health will hold a public hearing and public comment period on proposed amendments to 105 CMR 210.000: The administration of prescription medications in public and private schools. The proposed amendments update the regulation to bring it into alignment with current health care practice, clarify provisions of the regulation, and improve efficiency.

The public hearing will be held on Thursday, February 13, 2025, at 2:00 p.m. This hearing will be conducted on a moderated conference call. The information for the moderated conference call is:

Dial-in Telephone Number: 800-593-7185
Participant Passcode: 1862535

A copy of the proposed amendments to 105 CMR 210.000 may be viewed on the Department’s website at www.mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220.

The Department encourages all interested parties, including those who testify at the public hearing, to submit written testimony electronically to Reg.Testimony@mass.gov. Please submit electronic testimony as an attached Word document and type “105 CMR 210.000 – Administration of Medications in Schools” in the subject line of the email. All submitted testimony must include the sender’s full name and address. The Department will post all electronic testimony that complies with these instructions on its website. Parties who are unable to submit electronic testimony should mail submissions to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108.

All comments must be submitted by 5:00 p.m. on Thursday, February 13, 2025. All comments received by the Department may be released in response to a request for public records.

If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Karen Flanagan at least 5 days before the hearing at Tel # 781-307-1166 (Call 711 for Mass Relay), email Karen.flanagan@mass.gov.

CMR No: 105 Cmr 210.000:
The Administration Of Prescription Medications In Public And Private Schools
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  Non-public schools in the Commonwealth. Non-public schools are generally small non-profit organizations that could be considered small businesses. While there is no comprehensive list or directory of non-public schools in Massachusetts, we estimate there are approximately 400 non-public schools.
  

• Will small businesses have to create, file, or issue additional reports?

  Yes, non-public schools not already registered with the Department of Public Health will need to register. Once registered, schools must periodically update their registration.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes, medication storage, administration, and delegation requires recordkeeping, including medication logs and maintenance of student medical records.

• Will small businesses have to provide additional administrative oversight?

  Yes, a school nurse manager must be assigned to oversee the program. School nurse managers are typically members of the school’s administrative leadership team that have time to manage and oversee the school health program outside of direct care responsibilities. Depending on the size of the school, it may not be necessary for this position to be full time.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  Yes, It is possible that a school that has never registered with the Department of Public Health will need to hire additional employees to meet the school nurse manager need described above.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  Yes. Schools may need to purchase equipment to safely store medication, in compliance with the regulation. In some cases, schools choose to purchase electronic medical records for students to streamline the recordkeeping requirements associated with medication administration

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No, regulations are required by M.G.L. c. 71, § 54B.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.  

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  Yes, the regulation authorizes the Department to review schools’ records to ensure regulatory compliance and respond to complaints.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No, education is provided by the School Health Services program’s School Health Institute.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  Yes, 105 CMR 210 is less stringent than 105 CMR 700: Implementation of M.G.L. c.94C

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  Yes, 105 CMR 210 is less stringent than 105 CMR 700: Implementation of M.G.L. c.94C

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Transportation, Department of
700 CMR 3.00

NOTICE OF PUBLIC COMMENT PERIOD AND HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Department of Transportation, (“MassDOT”) will hold a hybrid public hearing on Friday January 10, 2025 at 10:00 a.m. and accept written public comment until 5:00 p.m. on January 10, 2025, the same day, concerning the following regulatory action:

Establish 700 CMR 19.00 – Aggregate Source Licensing for the Production of Cement Concrete

Section 3 (1) of Massachusetts General Laws Chapter 6C, authorizes MassDOT to adopt regulations for the governance of its affairs and the conduct of its business. The proposed regulatory action is required by M.G.L. c. 6C, § 79, established by Chapter 56 of the Acts of 2023, requiring the Highway Division to establish by regulation a program licensing “[a]ny person seeking to mine, expand, excavate or otherwise operate a quarry, sand and gravel operation or any other aggregate source for the purpose of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure, including, but not limited to, roadways and bridges.”

The statute requires the Highway Division to adopt regulations establishing standards and specifications for license requirements including maintaining an operations plan, conducting testing, and submitting a geological source report signed by a “licensed professional geologist.”  

MassDOT will hold this hearing:
Remotely at: https://us02web.zoom.us/j/86730889928
In person at:
10 Park Plaza
MassDOT Board Room, 2nd Floor
Boston, Massachusetts 02116

Individuals who notify MassDOT of their intent to testify during the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify MassDOT of their intention to testify at the hearing by emailing the address below with the subject line “Regulation Hearing Comment - Aggregate Source Licensing for the Production of Cement Concrete.” Written comments must be submitted by email or postal mail to the following address:

Email: Christopher.MF.Smith@dot.state.ma.us
Postal Mail:
Christopher Smith
Senior Lead Counsel MassDOT
10 Park Plaza, Suite 3510
Boston, Massachusetts 02116

A copy of the above-listed regulations may be obtained by request to the above address or email address.

MassDOT may adopt a revised version of the proposed action taking into account relevant comments received and any other practical alternatives that come to its attention.

For accommodation or language assistance requests, please contact MassDOT’s Chief Diversity & Civil Rights Officer by phone at (857) 368-8580, TTD/TTY at (857) 266 0603, fax (857) 368 0602 or by email to MassDOT.CivilRights@dot.state.ma.us. Requests should be made as soon as possible, ideally at least five business days before the public hearing.

CMR No: Establish 700 CMR 19.00 – Aggregate Source Licensing for the Production of Cement Concrete
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  MassDOT estimates 150 concrete aggregate manufacturers may be impacted by the regulations, based on the number of quarries that extract concrete aggregate for MassDOT projects. It is indeterminable at this time how many of these are small businesses.
  

• Will small businesses have to create, file, or issue additional reports?

  Yes, Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth will have to obtain a license. Such a small business will have to annually engage a geologist, conduct testing, prepare a Geological Source Report and Operations Plan, and apply for a license.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes, Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth will have to maintain a record of the aggregate used in individual concrete batches for not less than 30 years, as required by statute.

• Will small businesses have to provide additional administrative oversight?

  Yes, Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth will have to ensure administrative oversight of the extraction site, testing conducted, compliance with the operations plan, and record keeping of individual concrete batches.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  Yes, It is possible that Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth may require the hiring of additional employees to comply with the regulations due to the testing and reporting requirements and license application.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  Yes, Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth will have to engage a testing lab and “licensed professional geologist” in order to prepare the required Geological Source Report. In addition, is possible that Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth may require the hiring of additional employees to comply with the regulations due to the testing and reporting requirements and license application.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  Yes. Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth will have to engage a testing lab and “licensed professional geologist” in order to prepare the required Geological Source Report.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No, The statute specifically requires that businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth will have to obtain a license. Such a small business will have to annually engage a geologist, conduct testing, prepare a Geological Source Report and Operations Plan, and apply for a license.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No, We are not aware of other duplicative or conflicting regulations. There is room, however, for improved collaboration with Office of Public Safety and inspection to identify additional protections.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  Yes, Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth will be required to renew their license each year, which will include additional testing and the submission of an operations plan and geological source report.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  Yes, Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth will have to keep abreast of the new standards contained in the regulations, including the standards for testing, site geology, and maximum allowable contamination of sulfur, pyrrhotite, and framboidal pyrite. Businesses may need to provide or engage educational services to train its staff to fulfill the regulatory requirements.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  Yes, The statute imposes new restrictions and requirements on the Concrete Aggregate industry, including licensing and testing requirements. The statute imposes new restrictions and requirements on the Concrete Aggregate industry, including licensing and testing requirements. These requirements are unique to Massachusetts. At this time MassDOT is unable to determine whether the regulations will deter the formation of small businesses in Massachusetts.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The statute imposes new restrictions and requirements on the Concrete Aggregate industry, including licensing and testing requirements. These requirements are unique to Massachusetts. At this time MassDOT is unable to determine whether the regulations will encourage the formation of small businesses in Massachusetts.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  Yes, The regulations provide two testing exceptions, which allow businesses to mitigate the cost of annual testing. The first exception applies to those in a geological region as identified by the U.S. Geological Survey that has a significantly insignificant risk of containing pyrrhotite and pyrite. The second exception applies to those quarrying minerals from the same extraction site as previously tested for.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  Yes, The regulations provide two testing exceptions, which allow businesses to conduct testing less frequently than on an annual basis. The first exception applies to those in a geological region as identified by the U.S. Geological Survey that has a significantly insignificant risk of containing pyrrhotite and pyrite. The second exception applies to those quarrying minerals from the same extraction site as previously tested for

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  Yes, Small businesses that are concrete aggregate manufacturers that sell aggregate to be used in the production of cement concrete that is used or sold in the Commonwealth may avail themselves of a “testing exception,” either based on the geology of their geographic location or based on continued extraction from the same area tested for under a previous year’s license. These exceptions should reduce the cost of compliance by simplifying testing requirements.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The statute specifically requires MassDOT to promulgate regulations for licensing and testing requirements. The regulations include standards to address the statutory objectives to ultimately achieve the performance standard of eliminating crumbling concrete.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The statute specifically requires MassDOT to promulgate regulations for licensing and testing requirements. MassDOT attempted to mitigate impacts on small businesses by creating testing exceptions referenced above.

Veterans' Services, Executive Office of
108 CMR 17.00

NOTICE OF PUBLIC HEARING

Please be advised that, in accordance with M.G.L. c. 30A, §2, Notice is hereby given that the Commonwealth of Massachusetts Executive Office of Veterans Services (“EOVS”) will hold a public hearing for the purpose of hearing any comments in connection with the proposed Regulations at 108 CMR 17.00: Veterans Equality Review Board – Rules of Procedure. The proposed Regulation details the rules of procedure as it pertains to the Veterans Equality Review Board (“VERB”). 108 CMR 17.00 shall govern all proceedings of the Veterans Equality Review Board created under M.G.L. c. 115, § 16 and M.G.L. c. 126, § 53, as amended. The Veterans Equality Review Board shall meet to review and act on applications that are submitted to the Executive Office of Veterans Services for those who have received a less than honorable discharge.

EOVS will hold this public hearing remotely on Friday, February 14, 2025 at 10:00 AM via Microsoft Teams at the following link: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_YWI2ODUzYmYtZTA1OS00MDBmLWEzYjMtMWRhMGJjYjY5NmFj %40thread.v2/0?context=%7b%22Tid%22%3a%223e861d16-48b7-4a0e-9806- 8c04d81b7b2a%22%2c%22Oid%22%3a%22ce9ffe53-8cfa-4b3b-b55c-9aab7d137205%22%7d

Or by Meeting ID: 264 943 392 273 Passcode: iq2hX2Td

A copy of the proposed Regulations referenced above may be viewed by visiting https://www.mass.gov/event/executive-office-of-veterans-services-notice-of-public-hearingverb-rules-of-procedure-02-14-2025. Any person who would like to offer comments may participate in the public hearing at the date and time indicated above or submit written comments. Those who wish to receive a written copy of the proposed Regulations, or to submit written comments, may do so by sending an email to jenna.buonopane5@mass.gov or by mail to: 

Jenna Buonopane - Paralegal
Commonwealth of Massachusetts
Executive Office of Veterans’ Services
600 Washington Street, 2nd Floor
Boston, MA 02111

 Written comments must be received by 5:00 p.m. on February 21, 2025. Attached please find the accompanying Small Business Impact Statement in accordance with M.G.L. c. 30A, §2.

CMR No.: 108 CMR 17.00: (Veterans Equality Review Board – Rules of Procedure)
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.