Key Legislation Filed by Kay for the 2007-2008 Legislative Session
| • Education | • Mental Health | • Substance Abuse | |
| • Domestic Violence | • Health Care | • Labor and Workforce | |
| • Housing | • Nursing | • Transportation | |
| • Criminal Justice and Women's Corrections |
• Elections | • Children and Families | |
For a complete list of legislation filed by Kay for the 2005-2006 session and its final status, click here. |
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EDUCATION
H 483 Relative to Student Nutrition
This legislation provides a state infrastructure for the implementation of the new Federal nutrition standards. It engages both the Massachusetts Department of Education and the Massachusetts Department of Public Health in the establishment of standards and approval of local communities’ wellness policies. School districts would create School Wellness Advisory Committees made up of parents, teachers, students, administrators, school committee members, school nurses, food services managers, physicians, nutritionists and any other interested community members. Together, the members of this committee would create a wellness policy based on both federal and state requirements. (This is an amended version of H. 1102 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Education on 5/29/2007.
H 484 Relative to International Education
This legislation adds corrective language to the International Education and Foreign Language Grant Programs Fund established pursuant to Chapter 168 of the Acts of 2006. The language will enable any state dollars appropriated to the fund to be used in a subsequent fiscal year.
Status: Received a public hearing before the Joint Committee on Education on 10/23/07.
H 485 Establishing a Professional Standards Board
This bill would establish an autonomous teacher preparation and certification board, to be called the Massachusetts Education Professional Standards Board, composed of a majority of practitioners (i.e., classroom teachers), that would set licensure standards for public school teachers as well as to issue and revoke teacher licenses. This new board would provide the teaching profession with the legal standing equal to that of other major professions by allowing the profession to control its own entry and exit from the profession, a prerequisite to maintaining high standards in the profession. Under current law, the Board of Education controls teacher licensure. This bill is cost neutral, as the current fees paid by teachers to the BOE would go instead to the Standards Board.
(This is a refile of H. 1094, previously filed by Rep. Anne Paulsen in the 2005-2006 Legislative Session.)Status: Received a public hearing before the Joint Committee on Education 6/19/07.
MENTAL HEALTH
H 989 Relative to Equitable Insurance Coverage for Eating Disorders
This legislation will ensure health insurance companies in Massachusetts subject to the provisions of parity provide comprehensive coverage for the treatment of eating disorders. (This is a redrafted version of H. 3024 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Financial Services 10/31/07.
H 3881 Relative to the Mental and Behavioral Health Needs of Juveniles
This legislation establishes and interagency council responsible for establishing and administering alternatives to detention for court involved youth with mental or behavioral health needs. (This is a new bill.)
Status: Received a favorable report from the Joint Committee on Mental Health and Substance Abuse and was referred to the Joint Committee on Health Care Financing.
H 1887 Relative to Mental Health Services in MA Correctional Institutions, Houses of Correction and Jails
The legislation sets minimum standards for mental health care for inmates in DOC facilities and Houses of Correction. Standards would be modeled on the American Psychiatric Association’s Task Force on Psychiatric Services in Jails and Prisons. All DOC staff, administrators and correctional officers would be required to go through a DMH approved mental health training. The Department of Mental Health would be responsible for monitoring DOC compliance with the new law. (This is a refile of H. 1616 filed in the 2005-2006 Legislative Session.)
Status: Received a favorable report from the Joint Committee on Mental Health and Substance Abuse and was referred to the House Committee on Ways and Means.
H 1888 Establishing Assisted Outpatient Treatment
This legislation establishes procedures for assisted outpatient treatment for persons with mental illness who are resistant to traditional treatment methods. (This is an amended version of H. 1615 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Mental Health and Substance Abuse on 11/05/07.
H 2144 Relative to Bridgewater State Hospital
The legislation requires the DOC to seek national hospital accreditation from the National Commission on Correctional Health Care and the Joint Commission on Accreditation of Hospitals. (This is a refile of H. 2853 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint committee on Public Health on 11/28/07.
H 988 Relative to the Regulation of Carveout Companies
This legislation amends the HMO law, requiring carveout companies which provide behavioral health services to be regulated in the same manner as their parent HMOs. It will also require HMOs to inform consumers when they utilize carveouts to manage behavioral health coverage. (This is an amended version of H. 3023 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Financial Services on 10/31/07.
H 1886 Relative to Inpatient Admissions to Psychiatric Hospitals and Facilities Licensed by the Department of Mental Health
This legislation will require individuals admitted to psychiatric hospitals and all facilities operated by, licensed by or contracted with the Department of Mental Health to present patients with the opportunity to waive confidentiality so that family members and outpatient care providers may better be able to coordinate care. The confidentiality release would be totally voluntarily on the part of the patient. (This is a new bill supported by NAMI.)
Status: Received a public hearing before the Joint Committee on Mental Health and Substance Abuse on 11/05/07.
H 990 Relative to Insurance Coverage for Certain Providers
This legislation will enable patients receiving mental health services to see any willing mental health provider licensed by the Commonwealth, rather than being restricted to providers within their health plan’s network. (This is a new bill.)
Status: Received a public hearing before the Joint Committee on Financial Services on 10/31/07.
SUBSTANCE ABUSE
H 2984 Establishing a Substance Abuse Health Protection Fund
This legislation eliminates the sales tax exemption for alcohol sold at package stores and raises the excise tax on alcohol. The revenue realized would go to a newly created health protection fund to combat substance abuse. (This is a refile of H. 2462 filed in the 2005-2006 Legislative
Session.)
Status: Received a public hearing before the Joint Committee on Revenue on 6/05/07.
H 1889 Relative to the Civil Commitment of Women for Alcoholism or Substance Abuse @ MCI-Framingham
This legislation bars the current practice civilly committing women to MCI Framingham for alcoholism or substance abuse. It further requires the Department of Public Health to maintain the necessary number of secure beds to service the population of civilly committed women. (This is a refile of H. 1614 filed in the 2005-2006 Legislative Session.)
Status: Received a favorable report from the Joint Committee on Mental Health and Substance Abuse and was referred to the House Committee on Ways and Means.
HOUSING
H 37 Facilitating the Development of Underutilized Facilities and Properties for Supported Housing for People Deemed Eligible for Services by DMR and/or DMH
Requires that when the state sells surplus land formerly operated as a DMH state hospital or DMR facility for individuals with mental retardation and the land is redeveloped for housing, then twenty-five percent of the housing must be affordable supportive community-based housing for the populations served by DMR or DMH. If housing is not to be developed on the surplus land, then twenty-five percent of the proceeds from the land sale would go to a dedicated account under the control of the agency which formerly operated the sold facility. (This is the consolidation of H. 3179, H. 3180 & H. 3428 filed in the 2005-2006 Legislative Session. It is supported by NAMI and The Arc of MA.)
Status: Received a public hearing before the Joint Committee on Bonding, Capital Expenditures and State Assets on 3/20/07.
LABOR AND WORKFORCE
H 1803 Relative to Paid Sick Days
This legislation requires all Massachusetts employers provide their full time employees with 7 paid sick days annually. Part time employees would accrue sick time proportional to the time they worked. (This is an amended version of H. 3788, formerly filed by Rep. Anne Paulsen in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Labor and Workforce Development on 11/06/07.
H 1804 Relative to Unemployment Benefits
This legislation enables individuals who accept an inducement to depart a job the ability to apply for and receive unemployment benefits. (This is a refile of H. 3789 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Labor and Workforce Development on 5/02/07.
CRIMINAL JUSTICE AND WOMEN’S CORRECTIONS
H 2333 Establishing a Massachusetts Correction Commission
This legislation restores the statutory requirement for the establishment of an independent advisory board for the Department of Correction. (This is an amended version of H. 1912 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Public Safety and Homeland Security on 9/19/07.
H 1540 Relative to Pregnant & Postpartum Inmates in State Prisons and Other Correctional Facilities
This legislation sets minimum standards for the humane, judicially mandated, treatment of pregnant and post partum women in custody of the Department of Correction. (This is a refile of H. 1797 filed in the 2005-2006 Legislative Session. This legislation is supported by the Coalition for Choice.)
Status: Pending a public hearing before the Joint Committee on the Judiciary.
H 1541 Relative to Health Education in Women’s Correctional Institutions
This legislation would require health education courses to be offered in state women’s correctional institutions. It would further require the Department of Correction to make contraception counseling and contraception available to women of child bearing age three months prior to their release date. Information on women’s health would also be distributed to all women in the facility. (This is a new bill and is supported by the Coalition for Choice.)
Status: Pending a public hearing before the Joint Committee on the Judiciary.
H 1542 Regulating Programs Outside Correctional Institutions for Female Inmates
This legislation requires DOC to provide training programs for women and health programs for pregnant women outside of correctional facilities for women within eighteen months of parole. (This is a refile of H. 1798 filed in the 2005-2006 Legislative Session.)
Status: Pending a public hearing before the Joint Committee on the Judiciary.
H 1544 Relative to Health Services in Massachusetts Correctional Institutions, Houses of Correction and Jails
This legislation will ensure that individuals in the criminal justice system receive medically necessary drug treatment and rehabilitation services as well as appropriate medical services in a timely manner. The legislation will also require the state to consolidate the administration of prison health care systems in an effort to control costs while maintaining high quality health care services. (This is a new bill.)
Status: Pending a public hearing before the Joint Committee on the Judiciary.
CHILDREN AND FAMILIES
H 104 Providing for the Protection and Care of Certain Children
The legislation would allow incarcerated mothers to keep infants under 12 months of age with them in custody if possible. (This is a refile of H. 2833 filed in the 2005-2006 Legislative Session.)
Status: Received a favorable report from the Joint Committee on Children, Families and Disabled Persons and was referred to the House Ways and Means Committee.
H 105 Relative to Minor Children
Requires DSS to consult with local law enforcement agencies to establish a policy for the protection of minor children of persons arrested or placed in custody. (This is a refile of H. 2833 filed in the 2005-2006 Legislative Session.)
Status: Received a favorable report from the Joint Committee on Children, Families and Disabled Persons and was referred to the Joint Committee on Health Care Financing.
NURSING
H 2140 Creating a Nursing Advisory Board
Creates a new state nursing advisory board to develop and recommend state policy impacting the nursing profession. (This is a refile of H. 2678 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Public Health on 10/24/07.
H 1144 Relative to Advanced Practice Nursing
This legislation gives nurse anesthetists the ability to “order and interpret tests, order therapeutics and prescribe medications” in accordance with regulations promulgated by the Board of Registration in Nursing. The bill also enables the four categories of advanced practice nurses to order and interpret tests, and order therapeutics and prescribe medications within their scope of practice as advanced practice nurses as authorized by the Board of Registration in Nursing, without the specific supervision of a physician. (This is a new bill.)
Status: Received a public hearing before the Joint Committee on Health Care Financing on 5/16/07.
H 264 Relative to Mental Health
This legislation will amend the Nurse Practice Act enabling psychologists to write orders to be followed by nurses. (This is a new bill supported by the Massachusetts Psychological Association.)
Status: This bill is in the process of being re-drafted.
H 2141 Relative to Nursing Home Transfers and Discharges
This legislation requires Medicaid to require nursing facilities to provide discharge planning to ensure transfer to a safe and appropriate setting when discharging or transferring a resident. (This is a refile of H. 2681, which passed the Legislature in the 2005-2006 Legislative Session, but was vetoed by Governor Romney.)
Status: Received a favorable report from the Joint Committee on Public Health and was referred to the Joint Committee on Health Care Financing.
H 2142 Establishing a Board of Midwifery
This legislation creates a Board of Registration of Midwifery which will regulate the practice and licensure of Certified Nurse Midwives, Certified Midwives, and Certified Professional Midwives. (This is a refile of S. 2208 filed in the 2005-2006 Legislative Session.)
Status: Received a favorable report from the Joint Committee on Public Health and was referred to the Joint Committee on Health Care Financing.
TRANSPORTATION
H 3539 Relative to Safe Routes to Schools
This legislation directs the Executive Office of Transportation to develop and administer a safe routes to schools program to distribute the federal grant money received through the SAFETEA-LU Strategic Highway Safety Plan (23 U.S.C. 148). (This is a refile of H. 2121, formerly filed by Rep. Anne Paulsen in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Transportation on 5/17/07.
H 2332 Relative to Impaired Driving
This legislation will require physicians and health care providers to report patients who have been diagnosed with a cognitive or functional impairment that affects the person’s ability to safely operate a motor vehicle. (This is a new bill.)
Status: Received a public hearing before the Joint Committee on Public Safety and Homeland Security on 6/13/07.
H 3540 Relative to the Maintenance of the Mass. Turnpike Authority’s Toll Discount Program
This legislation directs funds recovered from Big Dig cost overruns to maintain the Turnpike’s Toll Discount Program. (This is a refile of H. 2099 filed in the 2005-2006 Legislative Session.)
Status: The Joint Committee on Transportation referred this bill to the House Committee on Rules to be further studied.
DOMESTIC VIOLENCE
H 1543 Relative to the Distribution of Domestic Violence Pamphlets
This legislation directs responding police officers to provide likely victims of domestic abuse with a pamphlet describing signs of domestic abuse and information on where to find help. (This bill is a priority of the MA Sheriffs' Association and a refile of H. 1799 filed in the 2005-2006 Legislative Session.)
Status: Pending a public hearing before the Joint Committee on Judiciary.
HEALTH CARE
H 3928 Relative to Health Care Consumer Protection
This legislation defines the process of credentialing and ensures that any streamlined process for credentialing includes all credentialed medical personnel. (This is a refile of H. 3627 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Financial Services on 5/16/07.
H 2143 Relative to the Title of Practitioners of Dentistry
This legislation would enable a dentist to call him or herself an oral physician if he or she so chose. (This is an amended version of H. 2680 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Public Health on 10/24/07.
H 1145 Providing for the Autonomy of Hospital Medical Staffs
This bill is based on legislation recently enacted in California. It describes the minimum set of self-governance attributes of the hospital medical staff, the essence of which will lead to improved patient care and better relationships between hospitals and their physicians. (This is a new bill and is a priority of the Massachusetts Medical Society.)
Status: Received a public hearing before the Joint Committee on Health Care Financing on 5/09/07.
ELECTIONS
H 672 Relative to Candidate Nomination Papers
This legislation allows the Secretary of State to accept candidate nomination papers even if they do not note the candidate’s town of residence. (This is a refile of H. 89 filed in the 2005-2006 Legislative Session.)
Status: Received a public hearing before the Joint Committee on Election Laws on 7/18/07.
LEGISLATION FILED FOR THE CITY OF NEWTON
HOME RULE PETITION
H 3951 Relative to the Investment of Trust Funds for the City of Newton
This legislation will enable the City’s trust fund to invest their assets using the so-called Prudent Man Rule, expanding their investments from the Legal List approved by the Commissioner of Banks. Boston, Brookline and Concord are currently able to invest in this manner. (This is a refile of H. 4876 filed in the 2005-2006 Legislative Session)
Status: This bill passed and became a law on July 25, 2007
H 3992 Relative to Voting in the City of Newton
This legislation will enable residents of the City of Newton who are in the process of attaining US citizenship, but who are not yet citizens, to vote in city elections. (This is a new bill.)
TRANSPORTATION
H 3541 Improving Accessibility to Commuter Rail Stations in the City of Newton
This legislation requires the MBTA to design and construct accessibility improvements to commuter rail stations in the City of Newton. (This is a refile of H. 2097 filed in the 2005-2006 Legislative Session)
Status: Received a public hearing before the Joint Committee on Transportation on 10/24/07.
H 3542 Relative to Certain Proposed Development in the City of Newton
This legislation requires a multi-agency study into the impact of proposed development at the Riverside Green Line station. (This is a refile of H. 2098 filed in the 2005-2006 Legislative Session)
Status: Received a public hearing before the Joint Committee on Transportation on 6/07/07.