ACTS, Chap. 668.

Transcription

1 being able to practice occupational therapy or to render occupational therapy services in the commonwealth unless he is licensed in accordance with section twenty-three B. No person not so licensed may use in connection with his name or place of business the letters, "O.T.R.", or "C.O.T.A.", or any other words, letters, abbreviations, or insignia indicating that he is an occupational therapist or occupational therapy assistant. Section 23P. No person shall hold himself out as a physical therapist, or as a physical therapist assistant or as being able to practice physical therapy or to render physical therapy services in the commonwealth unless he is licensed in accordance with section twenty-three B. No person not so licensed may use in connection with his name the words or letters, "P.T.", ^R.P.T", "L.P.T.A.", "PH.T.", "P.T.A.", "P.T.D.", "P.T.T.", "physical therapist", "physiotherapist", "physical therapist assistant", or any other words, letters, abbreviations, or insignia indicating that he is a physical therapist or physical therapist assistant. SECTION 3. For one year from the effective date of this act, a license as an athletic trainer or occupational therapist or occupational therapy assistant, or physical therapist assistant shall be issued without examination to an applicant who satisfies the board, established by section one of this act, that when necessary he has obtained an appropriate educational degree from an accredited institution, or who satisfies the board that he is and actually has been, engaged, for at least two years in the practice of athletic training, occupational therapy, or physical therapy as defined by section twenty-three A of chapter one hundred and twelve of the General Laws. Any person who is presently a duly registered physical therapist in the commonwealth will not be required to apply for physical therapy licensure under this chapter until his current registration expires and shall at that time be granted licensure by the board without examination. Approved January 5, EMERGENCY LETTER - January 6, 10:50 A.M. Chap AN ACT ESTABLISHING THE OFFICE OF SECRE TARY OF LABOR. Be it enacted, etc., as follows: 1554

2 SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out section 17A, as most recently amended by section 104 of Chapter 329 of the Acts of 1980, and inserting in place thereof the following section:- Section 17A. There is hereby established a cabinet, which shall serve directly under the Governor. The cabinet shall consist of the Secretary of Administration, the Secretary of Communities and Development, the Secretary of Consumer Affairs, the Secretary of Environmental Affairs, the Secretary of Human Services, the Secretary of Elder Affairs, the Secretary of Manpower Affairs, the Secretary of Labor, the Secretary of Public Safety, the Secretary of Transportation and Construction and such other officers of the Executive Department as the Governor may from time to time designate. SECTION 2. Chapter 6A of the General Laws is hereby amended by striking out section 2, as most recently amended by section 106 of Chapter 329 of the acts of 1980, and inserting in place thereof the following section:- Section 2. There are hereby established the following executive officers, each of which shall serve directly under the Governor:- communities and development, consumer affairs, energy resources, environmental affairs, human services, elder affairs, manpower affairs, labor, public safety and transportation and construction. SECTION 3. Said Chapter 6A of the General Laws is hereby amended by inserting after section 17A the following four sections :- Section 17B. The following agencies are hereby declared to be within the executive office of labor:- the department of labor and industries, insofar as it includes divisions, boards, commissions, committees and sections subject to its direction and jurisdiction; the minimum wage commission; and the health, welfare and retirement trust funds board. power or imposing any duties upon the secretary with respect to any of the foregoing agencies except as expressly provided by law. Section 17C. The division of industrial accidents, and all other state agencies within said division, including the industrial accident board, the office of self-insured and the industrial accident rehabilitation board is hereby declared to be within the executive office of labor, but in no respect subject to the jurisdiction thereof. powers or imposing any duties upon the secretary of labor with 1555

3 respect to the foregoing agencies except as expressly provided by law. Section 17D. The labor relations commission, insofar as it includes divisions, boards, commissions, committees, and sections subject to its direction and jurisdiction, is hereby declared to be within the executive office of labor, but in no respect subject to the jurisdiction thereof. powers or imposing any duties upon the secretary of labor with respect to the foregoing agencies except as expressly provided by law. Section 17E. The department of the Board of Conciliation and Arbitration, insofar as jt includes divisions, boards, commissions, committees, and sections subject to its direction and jurisdiction, is hereby declared to be within the executive office of labor, but in no respect subject to the jurisdiction thereof. The joint labor-management committee, insofar as it includes divisions, boards, commissions, committees, and sections subject to its direction and jurisdiction, is hereby declared to be within the executive office of labor, but in no respect subject to the jurisdiction thereof. powers or duties upon the secretary of labor with respect to the foregoing agencies except as expressly provided by law. SECTION 4. Chapter 6A of the General Laws is hereby amended by striking out in section 17 and inserting in place thereof the following section:- Section 17. The following state agencies are hereby declared to be within the executive office of manpower affairs:- the department of commerce and development and all other agencies within said department; the division of employment security, the state advisory council and board of review, but excluding the division of standards, welfare and retirement trust funds board; the investment board established by section fifty-seven of chapter one hundred and fifty-one A; and the Commission on employment of the handicapped. powers or imposing any duties upon the secretary with respect to the foregoing agencies except as expressly provided by law. SECTION 5. Section 9H of said Chapter 23 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whenever the Governor shall determine that an emergency exists in respect to food, or fuel, or any other common necessity of life, including the providing of shelter, 1556

4 or any two or more of such necessaries of life, he may, by writing signed by him, designate the adjutant general, the director of civil defense, the secretary of labor and the commissioner of public safety to act as an emergency commission, and thereupon the Commission shall have, with respect to the necessary or necessaries of life as to which the emergency exists, all powers and authority granted by the Commonwealth Defense Act of nineteen hundred and seventeen, being chapter three hundred and forty-two of the General Acts of nineteen hundred and seventeen, to persons designated or appointed by the Governor under section twelve of said chapter three hundred and fortytwo; and the Governor may revoke such written authority at any time. SECTION 6. Section 2 of Chapter 23C of the General Laws, is hereby amended by striking in the first sentence, after the word "labor", and before the word "but" the following words:- and consumer affairs. SECTION 7. Subsection (a) of Section 91 of Chapter 23 is hereby amended by striking the first sentence and substituting in place thereof the following sentence:- (a) There shall be in the Executive Office of Manpower Affairs a Division of Employment Security, in this and in sections 9-J to 9-N, inclusive, called the division, which shall be under the supervision and control of a director, in said sections called the director, who shall be appointed by the governor for a term coterminous with that of the Governor. SECTION 8. Subsection (a) of Section 9-0 of Chapter 23 is hereby amended by striking in the first sentence the word "department", and inserting in place thereof the following words:- the executive office of labor. SECTION 9. Section 1 of Chapter 23 of the General Laws, as most recently amended by section 230 of Chapter 351 of the Acts of 1981, is hereby further amended by inserting after the words "in this chapter called the commissioner" the following word:- and. SECTION 10. All books, papers, records, documents, equipment, lands, interests of land, buildings, facilities and other property, both personal and real, which immediately prior to the effective date of this act, are in the custody of any board, commission, committee, department council, or other state agency transferred to the executive office of labor by this act shall 1557

5 ACTS, Chap. G68. remain in the custody of such agencies and shall not be affected by this act. All duly existing contracts, leases and obligations of such agencies in force immediately prior to the effective date of this act shall thereafter be performed by such agencies. No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act. All monies heretofore appropriated for such agencies remaining unexpended on the effective date of this act shall be available for expenditure by such agencies for the purposes for which funds were originally appropriated. All powers, duties and other statutory provisions which prior to the effective date of this act were assigned to, or exercised by shall continue to be exercised and performed by, and to be assigned to, such agencies. SECTION 11. All employees of any board, commission, committee, department, council, or other state agency which are transferred to the executive office of labor by this act, who, immediately prior to the effective date of this act, hold positions related to the exercise of such powers or the performance of such duties and either hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions by reason of section nine A of chapter thirty of the General Laws are hereby transferred to such agencies within said executive office, every such transfer to be without impairment of civil service status, seniority, retirement or other rights of the employee and without interruption of service within the means of said chapter thirty-one or said section nine A and without reduction in compensation or salary grade notwithstand ing any change in title or duties resulting from such transfer, subject to the provisions of said chapter thirty-one and the rules and regulations adopted thereunder. All employees of any such agency, who, immediately prior to said effective date, hold positions related to the exercise of such powers or the performance of such duties but neither hold permanent appointments in such positions nor have such tenure, are hereby transferred to such agencies within said executive office, every such transfer to be without impairment of seniority, retirement and other rights of the employee, and without interruption of service within the meaning of said section nine A of chapter thirty of the General Laws and without reduction in compensation of salary grade, notwithstanding any change in title or duties resulting from such transfer. Nothing in this section shall be construed to confer upon any employee any right not held immediately prior to the effective date of this act or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff, or aboli- 1558

6 ACTS, Chap tion of position not prohibited prior to said effective date. The status of the incumbent of any office or position placed within the classified civil service by this act shall be determined pursuant to the provisions of section fifty-six of said chapter thirty-one. SECTION 12. All petitions, hearings and other proceedings duly brought before, and all prosecutions and legal and other proceedings duly begun by any board, commission, committee, council or other state agency transferred to the executive office of labor under the authority of this act, shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be completed before or by such state agencies. All orders, rules and regulations duly made, and all licenses, permits, certificates and approval duly granted by such state agencies which are in force immediately prior to the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until otherwise suspended, revised, rescinded or cancelled in accordance with law. Approved January 5, EMERGENCY LETTER - January 6, 10:50 A.M. Chap AN ACT ENDING THE INVESTMENT OF PUBLIC PENSION FUNDS IN FIRMS DOING BUSINESS IN OR WITH SOUTH AFRICA. Be it enacted, etc., as follows: Paragraph (d) of subdivision (1) of section 23 of chapter 32 of the General Laws, as most recently amended by section 1 of chapter 491 of the acts of 1980, is hereby further amended by adding the following paragraphs:- (vi) After January 1, 1983, no public pension funds under this subsection shall remain invested in any bank or financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa or its instrumentalities, and no assets shall remain invested in the stocks, securities or other obligations of any company doing business in or with the Republic of South Africa. Any proceeds of sales required under this paragraph shall be invested as much as reasonably possible in institutions or companies which invest or conduct business operations in Massachusetts so long as such use is consistent with sound investment policy. 1559