Code of Massachusetts Regulations 105 CMR - DEPARTMENT OF PUBLIC HEALTH

105 CMR – Department of Public Health

Chapter 100: General Provisions

105 CMR 100.000 — Purpose and Scope

Establishes the powers, duties, and responsibilities of the Massachusetts Department of Public Health (DPH).

Ensures protection and promotion of public health, safety, and welfare.

Covers all programs, services, and regulations administered by the DPH.

105 CMR 100.100 — Definitions

Department – Massachusetts Department of Public Health.

Board or Official – Any entity or officer authorized to enforce DPH regulations.

Public Health Program – Any service, inspection, or activity intended to protect the public from disease or injury.

Licensee – An individual, facility, or organization licensed or permitted by the DPH.

Chapter 101: Licensure and Certification

105 CMR 101.000 — Licensure Requirements

Individuals and facilities must obtain a license or permit before providing health services.

Licensure applies to healthcare facilities, laboratories, practitioners, and programs regulated by the DPH.

105 CMR 101.100 — Applications

Applications must include proof of qualifications, fees, and other documentation required by the Department.

The Department may require inspections or evaluations before issuing a license.

105 CMR 101.200 — Renewal

Licenses must be renewed periodically.

Renewal requires submission of updated documentation, fees, and compliance with continuing education or other requirements.

Chapter 102: Inspection and Enforcement

105 CMR 102.000 — Inspections

The Department may inspect facilities, programs, and records to ensure compliance with public health regulations.

Inspections may be scheduled or unannounced.

105 CMR 102.100 — Enforcement

Enforcement actions may include fines, suspension, revocation of licenses, or other penalties.

Facilities and individuals have the right to due process, including hearings and appeals.

105 CMR 102.200 — Reporting Violations

Licensees and the public must report violations of public health laws or regulations.

Complaints are investigated by the Department or designated officials.

Chapter 103: Public Health Standards

105 CMR 103.000 — Sanitation and Safety

Facilities must maintain sanitary conditions and safe practices.

Standards include infection control, waste disposal, food safety, and occupational safety.

105 CMR 103.100 — Disease Control

Requirements for the prevention and reporting of communicable diseases.

Obligations include vaccination programs, outbreak reporting, and quarantine measures when necessary.

105 CMR 103.200 — Emergency Preparedness

Facilities must maintain emergency plans for natural disasters, pandemics, or other public health emergencies.

Plans include staff responsibilities, communication, and resource management.

Chapter 104: Health Records and Reporting

105 CMR 104.000 — Recordkeeping

Licensees must maintain accurate health records in accordance with Department requirements.

Records include patient information, service logs, inspection results, and compliance documentation.

105 CMR 104.100 — Reporting

Required reporting to the Department includes communicable disease reports, licensing updates, and incident notifications.

Reports must be timely, complete, and accurate.

Chapter 105: Administration and Fees

105 CMR 105.000 — Department Administration

The Commissioner of Public Health oversees enforcement, licensure, and public health programs.

The Department may issue policies, guidance, and interpretive statements to implement regulations.

105 CMR 105.100 — Fees

Fees are established for licensure, inspection, testing, and other Department services.

Fees may vary based on type of facility, service, or license.

Chapter 106: Advisory Opinions and Guidance

105 CMR 106.000 — Advisory Opinions

The Department may issue advisory opinions to licensees or the public regarding interpretation of regulations.

Advisory opinions provide guidance but do not replace regulatory authority.

105 CMR 106.100 — Public Education

The Department promotes public health education programs for licensees, health professionals, and the general public.

Programs include training, publications, and community outreach.

This compilation covers the core structure of 105 CMR including licensure, inspections, enforcement, public health standards, recordkeeping, administration, fees, and advisory guidance.

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