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(A) Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATHLETIC PROGRAM. An intercollegiate athletic program at any institution of higher education within the meaning of division (B) below.
ATHLETIC SCHOLARSHIP. Financial aid provided to a college athlete by an institution of higher education that is provided in exchange for, but not exclusively in exchange for, that college athlete’s participation in that institution of higher education’s athletic program.
COLLEGE ATHLETE. Any college student who participates in an intercollegiate athletic program of an institution of higher education.
INSTITUTION OF HIGHER EDUCATION. Any four-year college or university that maintains an intercollegiate athletic program.
INTERCOLLEGIATE ATHLETIC EVENT. Any game, match, meet, race or other event during which college athletes from athletic programs of more than one institution of higher education compete against each other.
NCAA. National Collegiate Athletic Association.
(B) Concussion Defined.
(1) For purposes of these Sections,
CONCUSSION means a complex pathophysiological process affecting the brain induced by biomechanical forces. Several common features that incorporate clinical, pathologic and biomechanical injury constructs that may be utilized in defining the nature of a concussive head injury include:
(a) CONCUSSION may be caused either by a direct blow to the head, face, neck or elsewhere on the body with an “impulsive” force transmitted to the head;
(b) CONCUSSION typically results in the rapid onset of transient impairment of neurologic function that resolves spontaneously. However, in some cases, symptoms and signs may evolve over a number of minutes to hours;
(c) CONCUSSION may result in neuropathological changes, but the acute clinical symptoms largely reflect a functional disturbance rather than a structural injury and, as such, no abnormality is seen on standard structural neuroimaging studies; and
(d) Concussion results in a graded set of clinical symptoms that may or may not involve loss of consciousness. Resolution of the clinical and cognitive symptoms typically follows a sequential course; however, it is important to note that, in some percentage of cases, postconcussive symptoms may be prolonged.
(2) Potential concussion signs (observable):
(a) Any loss of consciousness;
(b) Slow to get up following a hit to the head (“hit to the head” may include secondary contact with the playing surface);
(c) Motor coordination/balance problems (stumbles, trips/falls, slow/labored movement);
(d) Blank or vacant look;
(e) Disorientation (e.g., unsure of where he or she is on the field or location of bench);
(f) Clutching of head after contact; and
(g) Visible facial injury in combination with any of the above.
(3) Potential concussion symptoms (athlete reported, following direct or indirect contact):
(a) Headache;
(b) Dizziness;
(c) Balance or coordination difficulties;
(d) Nausea;
(e) Amnesia for the circumstances surrounding the injury (i.e., retrograde/anterograde amnesia);
(f) Cognitive slowness;
(g) Light/sound sensitivity;
(h) Disorientation;
(i) Visual disturbance; and
(j) Tinnitus.
(C) Scope. These Sections shall apply to any athletic program, regardless of domicile, participating in any intercollegiate athletic event that is:
(1) Sanctioned by the NCAA; and
(2) Located in any part of the city.
(D) Gameday safety protocol.
(1) An athletic program shall develop and write an Emergency Medical Action Plan (the “Plan”) for all practice, training and game venues. The medical staff of the athletic program shall discuss, practice and review the Plan regularly.
(2) If a college athlete participating in an intercollegiate athletic event becomes unconscious, the college athlete shall not return to the event during which the college athlete became unconscious. The college athlete shall not participate in any future practices, training sessions or intercollegiate athletic events in Boston until the college athlete receives written authorization for such participation from a licensed physician, or from another appropriately trained or licensed health care professional as determined by the Boston Public Health Commissioner. The college athlete must provide such authorization to his or her athletic program’s athletic director.
(3) If a college athlete participating in an intercollegiate athletic event suffers a concussion as diagnosed by a medical professional, or is suspected to have suffered a concussion, the college athlete shall not return to the event during which the concussion or suspected concussion occurred. The college athlete shall not participate in any future practices, training sessions or intercollegiate athletic events in Boston until the college athlete receives written authorization for such participation from a licensed physician, or from another appropriately trained or licensed health care professional as determined by the Boston Public Health Commissioner. The college athlete must provide such authorization to his or her athletic program’s athletic director.
(E) Additional requirement for football, ice hockey and men’s lacrosse.
(1) This Section shall apply exclusively to athletic programs that participate in NCAA Division I athletics.
(2) For an intercollegiate athletic event involving the sports of football, ice hockey and men’s lacrosse.
(a) The designated host athletic program shall provide an on-site neurotrauma consultant at the event venue. The neurotrauma consultant shall be a physician who is board certified or board eligible in neurology, neurological surgery, emergency medicine, physical medicine and rehabilitation, or any primary care CAQ sports medicine certified physician that has documented competence and experience in the treatment of acute head injuries. The neurotrauma consultant shall be present at the level of the event’s playing surface, and with full access to the benches and/or sidelines of any participating athletic program. The neurotrauma consultant shall be focused on identifying symptoms of concussion and mechanisms of injury that warrant concussion evaluation, working in consultation with medical staff of the athletic programs to implement concussion evaluations and observing exams of the head, neck and spine performed by medical staff. In the event a college athlete suffers or is suspected to have suffered an injury to the head, neck or spine, the neurotrauma consultant shall work with the athletic program’s medical staff in the diagnosis and care of the injury.
(b) If the injured college athlete’s athletic program has medical staff present at the event venue, ultimate injury diagnosis remains exclusively within the professional judgment of the medical staff of the athletic program of the injured college athlete.
(c) In the event there is no designated host athletic program for an intercollegiate athletic event, the participating athletic programs shall jointly provide the on-site neurotrauma consultant.
(3) The provisions of this Section shall take effect on July 1, 2015.
(F) Enforcement. The Boston Public Health Commission, or its designee(s), shall have the authority to enforce these Sections, and to promulgate regulations in accordance therewith. Anyone who desires to register a complaint of noncompliance under these Sections may do so by contacting the Boston Public Health Commission, or its designee(s).
(CBC 1985 12-15.4; Ord. 2014 c. 13 §§ 1-6)
The purpose of this Section is to protect the health, safety and welfare of the public and of the environment by providing for the safe and orderly collection and disposal of sharps by requiring retailers of sharps to take back sharps at the end of life at no additional cost to the consumer at the time of return. The intent of this Section is to provide consumers with more convenient ways to return and ensure the safe and environmentally sound disposal of individual-use sharps.
(CBC 1985 12-16.1; Ord. 2020 c. 4 § 1)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSION. The Boston Public Health Commission.
DEPARTMENT. The Inspectional Services Department for the city.
INDIVIDUAL-USE SHARPS. All non-commercially and non-institutionally generated sharps, as defined in this Section, derived from individual use.
PHARMACY. A facility under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances. The term PHARMACY shall not include institutional pharmacies or pharmacy departments or any independent community pharmacies with fewer than four retail locations within the city.
PROPER DISPOSAL. The lawful disposal of individual-use sharps waste in compliance with the applicable provisions of commonwealth law and the commonwealth’s Sanitary Code, being 105 CMR 400 and 410.
SHARPS. Hypodermic needles, pen needles, intravenous needles, lancets and other devices that are used to penetrate the skin for the delivery of drugs to humans or animals that have been used or are not in their original, intact and sealed packaging and that result from personal use or from use on pets.
(CBC 1985 12-16.2; Ord. 2020 c. 4 § 1)
(A) All pharmacies, as defined in this Section, shall meet the following requirements:
(1) Establish a collection system to provide convenient, ongoing collection services to all persons seeking to dispose of unwanted sharps which shall include collection kiosks, or other safe and secure means of collection on the site of every pharmacy location within the city. The collection kiosks or other means of collection must be on site in easily accessible and in visible locations to patrons of the pharmacy. The collection system may include drive-up kiosks or other creative solutions for collection immediately adjacent to the site. For each pharmacy location fully enclosed in another retail entity, the kiosk may be substituted for a mail back program, at no cost to the consumer, or other alternative collection system at that location. Upon approval and installation, evidence showing that the collection site has been implemented shall be submitted to the Department and the Commission;
(2) Notwithstanding the above, a pharmacy chain, or multiple pharmacy chains working in concert, may present an alternative proposal for approval by the Department in consultation with the Commission. This alternative proposal must yield a number of collections kiosks equal to the number of retail pharmacies the proposing chain or chains have located within the city that are not located within another retail entity. For each pharmacy location fully enclosed in another retail entity, the kiosk may be substituted for a mail back program, at no cost to the consumer, or other alternative collection system at that location. Collection sites may be either on the site of pharmacies or on the property of any partnering entity that owns or controls physical property in the city. The collection system may include drive up kiosks or other creative solutions for collection immediately adjacent to the site. Such proposals must include the exact proposed locations of each collection site and the contact information for the entity responsible for collection and disposal, and the same shall be included on individual kiosks. Such alternative proposals should, to the greatest extent possible, result in even geographic distribution of sites and address deficiencies in the existing sharps collection infrastructure. In establishing standards for approving collection site locations, the Department and Commission must consult with community representatives engaged in advocacy related to neighborhood quality of life. Upon approval and installation of collection sites described by the alternative proposal, evidence showing that the collection sites have been implemented shall be submitted to the Department and the Commission;
(3) Establish adequate provisions for the security of sharps throughout the collection process and the safety of any person involved in monitoring, staffing or servicing the collection sites;
(4) Conduct public outreach and education about the sharps collection system, including, but not limited to, providing information to patrons, at the time of purchase or receiving of sharps, regarding the proper disposal of the sharps that is informed by consultation with community representatives engaged in quality of life advocacy which may be facilitated by the Department and Commission upon request;
(5) All pharmacies, or groups of pharmacies working in concert, must report to the Department:
(a) Information regarding any vendors engaged in efforts to comply with this Section, including the business name, and whether the business is a minority owned business enterprise; women owned business enterprise; veteran owned business enterprise; service-disable veteran owned business enterprise; disability owned business enterprise; lesbian, gay, bisexual or transgender owned enterprise; or an independent business with its principal office physically located in the city;
(b) On an annual basis, data on sharps collected through pharmacy-created collection sites in a form and manner specified by the Department; and
(c) Any other information or documents required by the Department.
(6) Comply with all applicable commonwealth and federal requirements.
(B) No point-of-sale or point-of-collection, processing fees or other sharps cost increases may be charged to the individual consumers to recoup program costs.
(C) The provisions of this Section shall be interpreted and applied at all times consistently with the provisions of M.G.L. Chapter 94C, Section 27A; all provisions of any relevant general or special act; and 105 CMR 480.00, Minimum Requirements for the Management of Medical or Biological Waste (Commonwealth Sanitary Code Chapter VIII).
(D) Institutions and entities not covered by this Section are encouraged to establish sharps collection sites. Nothing in this Section shall be read to prevent institutions not covered by this Section from establishing sharps collection sites provided that they comply with applicable commonwealth and federal law.
(CBC 1985 12-16.3; Ord. 2020 c. 4 § 1)
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