The department shall classify all hospitals. The department shall, after a public hearing, promulgate rules and regulations for the conduct of hospitals and clinics. Such rules and regulations shall include requirements for diagnostic and therapeutic facilities for the study, diagnosis, treatment and care of patients, and the keeping of proper medical records. The department shall, after a public hearing, promulgate rules and regulations for the conduct of institutions for unwed mothers. Such rules and regulations shall include requirements for the care and supervision of unwed mothers, and the keeping of proper medical records. The department shall promulgate rules and regulations for the conduct of out-of-hospital dialysis units, which rules and regulations shall include requirements for the care and treatment of patients, the keeping of proper medical records, provisions for the referral of patients to the unit, provisions for the referral of patients to other modes of treatment, including kidney transplant and home dialysis and provisions of in-hospital and other supportive services as deemed necessary by the department through regulation. Such rules and regulations shall require a dialysis unit to have on duty sufficient direct care nursing personnel to ensure that all patients undergoing dialysis have nursing care available at all times provided by registered nurses, licensed practical nurses and other staff trained in chronic dialysis at a ratio of at least 1 direct care nursing personnel to every 3 patients; provided, that such rules and regulations may include circumstances where the department may waive nursing personnel ratio requirements. The department or its agents may visit and inspect at any time any institution, entity, or unit subject to licensure under section fifty-one.
Mass. Gen. Laws ch. 111, § 111:53