Section 11.09 - Diseases Dangerous to the Public Health(1)Diseases Dangerous to the Public Health means the following. See105 CMR 300.100: Diseases Reportable to Local Boards of Health.(b) AIDS (Acquired Immune Deficiency Syndrome)(e) Brucellosis (Undulant Fever)(f) Chickenpox (Varicella)(h) Diarrhea of the Newborn(k) Dysentery, Bacillary (Shigellosis)(l) Encephalitis (specify if known)(m) Food Poisoning by: 2. Mushrooms and other poisonous vegetable and animal products3. Mineral or organic poisons such as arsenic, lead, etc.(n) German Measles (Rubella)(p) Hepatitis, Viral (includes Infectious and Serum Hepatitis)(q) Impetigo of the Newborn(s) Leptospirosis (including Weil's Disease)(t) Lymphocytic Choriomeningitis(w) Meningitis (B. Influenzal, meningococcal, pneumococcal, streptococcal forms)(y) Ophthalmia Neonatorum(ee) Rocky Mountain Spotted Fever(ff) Salmonellosis (except Typhi and Paratyphi)(gg) Salmonellosis: Typhi and Paratyphi (Typhoid and Paratyphoid Fevers)(ii) Smallpox Vaccination Reactions - Generalized Vaccinia, Eczema Vaccinatum(jj) Streptococcal Infections (including Erysipelas Scarlet Fever, Streptococcal Sore Throat, etc.)(pp) Typhus Fever (including Brills' Disease)(qq) Whooping Cough (pertussis)(2)Consent by Child. If any ward or child in the care or custody of the Department reasonably believes herself or himself to be suffering from or to have come in contact with any disease dangerous to the public health, such child may consent to his or her own medical care or dental care related to the diagnosis or treatment of such disease. The consent of the Department is not necessary to authorize medical or dental care related to the diagnosis or treatment of diseases dangerous to the public health for any ward or child in the Department's care or custody. See M.G.L. c. 112, § 12F.(3)Consent by Department or Parent. If a medical provider refuses to treat the child without parental or Department consent, or if a child refuses to consent or is not able to consent to medical or dental care related to the diagnosis or treatment of a disease dangerous to the public health, the Department may consent.(4)AIDS. The Department shall establish and consult with an AIDS Advisory Board, comprised of Department personnel, Department of Public Health personnel, a physician consultant, a legal consultant, a foster parent representative, in making AIDS-related decisions. COMMENTARY
Children with AIDS are to be treated as any other children with serious diseases. However, the Department strongly emphasizes the importance of confidentiality for these children and families. Additionally, the Department supports, as policy, the "case by case" review of these infants and children, due to the constantly emerging knowledge about HIV infection from the medical and scientific communities.
To achieve this goal, the Department has established a Central AIDS Review Board comprised of experts in the field of AIDS and representatives of the Department who will review cases involving testing, placement and other AIDS issues of any child in the care or custody of the Department. The Board will evaluate the information and make recommendations to the Deputy Commissioner, who will make final decisions involving testing and placement of these children.
Amended by Mass Register Issue 1475, eff. 8/5/2022.