Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 170.000 - Emergency Medical Services System
Section 170.790 - Criminal Enforcement Provisions
Current through Register 1531, September 27, 2024
The Department may elect to enforce any section of 105 CMR 170.000 or provisions of M.G.L. c. 111C by seeking to have criminal sanctions imposed. M.G.L. c. 111C, § 19 provides that no person shall:
(A) Establish, maintain or hold itself out as a service without a valid license or in violation of the terms of a valid license;
(B) Operate, maintain, otherwise use, or hold out any aircraft, boat, motor vehicle, or other means of transportation as an EMS vehicle without a valid certificate of inspection;
(C) Provide EMS or hold oneself out as, or use the title of emergency medical technician, paramedic or the acronym EMT, or EMS first responder, or any other title or acronym used by the Department in the certification of EMS personnel in violation of M.G.L. c. 111C, § 9;
(D) Establish or maintain a trauma center, a service zone provider or any other entity, service or operation requiring designation or approval of the Department pursuant to M.G.L. c. 111C and 105 CMR 170.000, or hold itself out as such, without such valid designation or approval;
(E) Obstruct, bar, or otherwise interfere with an inspection or investigation undertaken under authority of M.G.L. c. 111C or 105 CMR 170.000;
(F) Knowingly make an omission of a material fact or a false statement, orally or in any application or other document filed with or obtained by the Department or any other entity in the EMS system; or
(G) Violate or fail to observe any requirements of 105 CMR 170.000, or of any rule, regulation, administrative requirement, protocol or order under M.G.L. c. 111C or 105 CMR 170.000;
(H) Whoever engages in, aids, abets, causes, or permits any act prohibited under M.G.L. c. 111C, § 19 and 105 CMR 170.790 shall be punished by a fine of not less than $100.00 and not more than $1,000.00 for each offense. A separate and distinct offense shall be deemed to have been committed on each day during which any prohibited act continues after written notice by the Department to the offender. The Commissioner shall report each suspected offense to the Attorney General for investigation and, if appropriate, prosecution in the courts of the Commonwealth.
