being able to practice occupational t h e r a p y or to render occupa-tional t h e r a p y services in t h e commonwealth unless he is licensed in accordance w i t h section t w e n t y - t h r e e B. No person not so licensed may use in connection w i t h his name or place of business t h e l e t t e r s , " O . T . R . " , or " C . O . T . A . " , o r any o t h e r w o r d s , l e t t e r s , a b b r e v i a t i o n s , o r insignia i n d i c a t i n g t h a t he is an occupa-tional t h e r a p i s t or occupaoccupa-tional t h e r a p y assistant.
Section 23P. No person shall hold himself out as a physical t h e r a p i s t , or as a physical t h e r a p i s t assistant o r as being able t o practice physical t h e r a p y o r to render physical t h e r a p y ser-vices in the commonwealth unless he is licensed in accordance w i t h section t w e n t y - t h r e e B. No person not so licensed may use in connection w i t h his name the words or l e t t e r s , " P . T . " , ^ R . P . T " , " L . P . T . A . " , " P H . T . " , " P . T . A . " , " P . T . D . " , " P . T . T . " , " p h y s i c a l t h e r a p i s t " , " p h y s i o t h e r a p i s t " , "physical t h e r a p i s t a s s i s t a n t " , or any other w o r d s , l e t t e r s , a b b r e v i a t i o n s , or insignia i n d i c a t i n g t h a t he is a physical t h e r a p i s t or physical t h e r a p i s t assistant.
SECTION 3. For one year from the effective date of t h i s a c t , a license as an athletic t r a i n e r o r occupational t h e r a p i s t o r occupational t h e r a p y assistant, o r physical t h e r a p i s t assistant shall be issued w i t h o u t examination t o an applicant who satisfies t h e b o a r d , established by section one of t h i s act, t h a t when necessary he has obtained an a p p r o p r i a t e educational degree from an accredited i n s t i t u t i o n , o r who satisfies the board t h a t he is and actually has been, engaged, f o r at least two years in t h e practice of athletic t r a i n i n g , occupational t h e r a p y , o r physical t h e r a p y as defined b y section t w e n t y - t h r e e A of chapter one h u n d r e d and twelve of the General Laws. A n y person who is p r e s e n t l y a d u l y registered physical t h e r a p i s t in the commonwealth will not be r e q u i r e d to apply f o r physical t h e r a p y l i c e n -sure under t h i s chapter u n t i l his c u r r e n t r e g i s t r a t i o n e x p i r e s and shall at t h a t time be g r a n t e d licensure by the board w i t h o u t examination.
A p p r o v e d J a n u a r y 5, 1983. EMERGENCY LETTER - J a n u a r y 6, 1983 @ 10:50 A . M .
Chap. 668. AN ACT ESTABLISHING THE OFFICE OF SECRE-TARY OF LABOR.
A C T S , 1982. - Chap. 668.
SECTION 1 . Chapter 6 of the General Laws is hereby amended by s t r i k i n g out section 17A, as most recently amended by section 104 of Chapter 329 of the Acts of 1980, and i n s e r t i n g in place thereof the following s e c t i o n :
-Section 17A. T h e r e is hereby established a cabinet, which shall serve d i r e c t l y under the Governor. The cabinet shall consist of the Secretary of A d m i n i s t r a t i o n , the Secretary of Communities and Development, the Secretary of Consumer A f f a i r s , the Secretary of Environmental A f f a i r s , the Secretary of Human Services, the Secretary of Elder A f f a i r s , the Secretary of Man-power A f f a i r s , the Secretary of Labor, the Secretary of Public Safety, the Secretary of T r a n s p o r t a t i o n and Construction and such other officers of t h e Executive Department as the Governor may from time to time designate.
SECTION 2. Chapter 6A of the General Laws is hereby amend-ed by s t r i k i n g out section 2, as most recently amendamend-ed by section 106 of Chapter 329 of the acts of 1980, and i n s e r t i n g in place thereof the following s e c t i o n : - Section 2. T h e r e are hereby established t h e following executive o f f i c e r s , each of which shall serve d i r e c t l y under the G o v e r n o r : - communities and development, consumer a f f a i r s , energy resources, e n v i r o n -mental a f f a i r s , human services, elder a f f a i r s , manpower a f f a i r s , labor, public safety and t r a n s p o r t a t i o n and c o n s t r u c t i o n .
SECTION 3. Said Chapter 6A of the General Laws is hereby amended by i n s e r t i n g a f t e r section 17A t h e following f o u r sections :
-Section 17B. The following agencies are hereby declared to be w i t h i n the executive office of l a b o r : - the department of labor and i n d u s t r i e s , insofar as i t includes d i v i s i o n s , b o a r d s , commissions, committees and sections subject to its d i r e c t i o n and j u r i s -d i c t i o n ; the minimum wage commission; an-d the h e a l t h , welfare and retirement t r u s t f u n d s b o a r d .
Nothing in t h i s section shall be construed as c o n f e r r i n g any power or imposing any duties upon the secretary w i t h respect t o any of the foregoing agencies except as expressly p r o v i d e d b y law.
Section 17C. The division of i n d u s t r i a l accidents, and all other state agencies w i t h i n said d i v i s i o n , i n c l u d i n g the i n d u s t r i a l accident b o a r d , the office of s e l f - i n s u r e d and the i n d u s t r i a l accident rehabilitation board is hereby declared to be w i t h i n the executive office of labor, b u t in no respect subject t o the j u r i s -diction t h e r e o f .
Nothing in t h i s section shall be construed as c o n f e r r i n g any powers or imposing any duties upon the secretary of labor w i t h
respect t o the f o r e g o i n g agencies except as e x p r e s s l y p r o v i d e d b y law.
Section 17D. The labor relations commission, insofar as it includes d i v i s i o n s , b o a r d s , commissions, committees, and sections subject t o its d i r e c t i o n and j u r i s d i c t i o n , is hereby declared to be w i t h i n the executive office of labor, b u t in no respect subject t o t h e j u r i s d i c t i o n t h e r e o f .
Nothing in t h i s section shall be c o n s t r u e d as c o n f e r r i n g any powers o r imposing any duties upon the secretary of labor w i t h respect to the foregoing agencies except as e x p r e s s l y p r o v i d e d b y law.
Section 17E. The department of t h e Board of Conciliation and A r b i t r a t i o n , insofar as jt includes d i v i s i o n s , b o a r d s , commissions, committees, and sections subject to its d i r e c t i o n and j u r i s d i c t i o n , is hereby declared to be w i t h i n the executive office of l a b o r , b u t in no respect subject to the j u r i s d i c t i o n t h e r e o f .
The j o i n t labor-management committee, insofar as it includes d i v i s i o n s , b o a r d s , commissions, committees, and sections subject t o its direction and j u r i s d i c t i o n , is hereby declared to be w i t h i n t h e executive office of labor, b u t in no respect subject to the j u r i s d i c t i o n t h e r e o f .
Nothing in t h i s section shall be c o n s t r u e d as c o n f e r r i n g any powers o r duties upon the secretary of labor w i t h respect to the f o r e g o i n g agencies except as e x p r e s s l y p r o v i d e d by law.
SECTION 4 . Chapter 6A of the General Laws is hereby amend-ed by s t r i k i n g out in section 17 and i n s e r t i n g in place t h e r e o f t h e following s e c t i o n :
-Section 17. The following state agencies are hereby declared t o be w i t h i n the executive office of manpower a f f a i r s : - the department of commerce and development and all o t h e r agencies w i t h i n said department; the division of employment s e c u r i t y , the state a d v i s o r y council and board of review, b u t e x c l u d i n g the division of s t a n d a r d s , welfare and retirement t r u s t f u n d s b o a r d ; t h e investment board established by section f i f t y - s e v e n of chapter one h u n d r e d and f i f t y - o n e A ; and t h e Commission on employment of the handicapped.
Nothing in t h i s section shall be c o n s t r u e d as c o n f e r r i n g any powers o r imposing any duties upon the secretary w i t h respect t o the f o r e g o i n g agencies except as e x p r e s s l y p r o v i d e d by law.
SECTION 5. Section 9H of said Chapter 23 is hereby amended b y s t r i k i n g out the f i r s t sentence and i n s e r t i n g in place t h e r e o f t h e following s e n t e n c e : - Whenever the Governor shall determine t h a t an emergency exists in respect to f o o d , or f u e l , o r any other common necessity of l i f e , i n c l u d i n g the p r o v i d i n g of s h e l t e r ,
A C T S , 1982. - Chap. 668.
or any two o r more of such necessaries of l i f e , he may, b y w r i t i n g signed by him, designate the a d j u t a n t g e n e r a l , the d i r e c t o r of c i v i l defense, the secretary of labor and the commis-sioner of public safety t o act as an emergency commission, and thereupon the Commission shall have, w i t h respect to the neces-sary or necessaries of life as to which t h e emergency e x i s t s , all powers and a u t h o r i t y g r a n t e d by the Commonwealth Defense Act of nineteen h u n d r e d and seventeen, being chapter t h r e e h u n d r e d and f o r t y - t w o of the General Acts of nineteen h u n d r e d and seventeen, to persons designated o r appointed by the Governor under section twelve of said chapter t h r e e h u n d r e d and f o r t y -t w o ; and -t h e Governor may revoke such w r i -t -t e n a u -t h o r i -t y a-t any time.
SECTION 6. Section 2 of Chapter 23C of the General Laws, is hereby amended by s t r i k i n g in the f i r s t sentence, after the w o r d " l a b o r " , and before the word " b u t " the following w o r d s : - and consumer a f f a i r s .
SECTION 7. Subsection (a) of Section 91 of Chapter 23 is hereby amended b y s t r i k i n g t h e f i r s t sentence and s u b s t i t u t i n g in place thereof the following sentence:- (a) T h e r e shall be in t h e Executive Office of Manpower A f f a i r s a Division of Employment S e c u r i t y , in t h i s and in sections 9-J t o 9 - N , i n c l u s i v e , called t h e d i v i s i o n , which shall be under the supervision and control of a d i r e c t o r , in said sections called the d i r e c t o r , who shall be appointed by the g o v e r n o r f o r a term coterminous with t h a t of t h e Governor.
SECTION 8. Subsection (a) of Section 9 - 0 of Chapter 23 is hereby amended b y s t r i k i n g in the f i r s t sentence the w o r d " d e p a r t m e n t " , and i n s e r t i n g in place thereof the following w o r d s : -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 f u r t h e r amended by i n s e r t i n g a f t e r t h e words " i n t h i s chapter called t h e commissioner" the following w o r d :
-and .
SECTION 10. All books, p a p e r s , r e c o r d s , documents, e q u i p -ment, lands, interests of l a n d , b u i l d i n g s , facilities and o t h e r p r o p e r t y , both personal and real, which immediately p r i o r to the effective date of t h i s a c t , are in the custody of any b o a r d , commission, committee, department c o u n c i l , or o t h e r state agency t r a n s f e r r e d to the executive office of labor by t h i s act shall
remain in the custody of such agencies and shall not be affected by t h i s act. All d u l y e x i s t i n g c o n t r a c t s , leases and obligations of such agencies in force immediately p r i o r to the effective date of t h i s act shall t h e r e a f t e r be performed by such agencies. No e x i s t i n g r i g h t or remedy of any character shall be lost, impaired or affected by the provisions of t h i s act. All monies heretofore a p p r o p r i a t e d f o r such agencies remaining unexpended on t h e e f f e c t i v e date of t h i s act shall be available f o r e x p e n d i t u r e by such agencies f o r the purposes f o r which f u n d s were o r i g i n a l l y a p p r o p r i a t e d . All powers, duties and other s t a t u t o r y provisions which p r i o r t o the effective date of t h i s act were assigned t o , o r exercised b y shall continue to be exercised and performed b y , and to be assigned t o , such agencies.
SECTION 1 1 . All employees of any b o a r d , commission, committ e e , deparcommittmencommitt, c o u n c i l , or ocommitther scommittacommitte agency which are committ r a n s -f e r r e d t o the executive o-f-fice o-f labor by t h i s act, w h o , immedi-ately p r i o r to t h e effective date of t h i s act, hold positions related to the exercise of such powers o r t h e performance of such duties and either hold permanent appointment in positions classified under chapter t h i r t y - o n e of t h e General Laws o r have t e n u r e in t h e i r positions by reason of section nine A of chapter t h i r t y of the General Laws are hereby t r a n s f e r r e d to such agencies w i t h i n said executive o f f i c e , e v e r y such t r a n s f e r to be w i t h o u t impair-ment of c i v i l service s t a t u s , s e n i o r i t y , retireimpair-ment o r other r i g h t s of the employee and w i t h o u t i n t e r r u p t i o n of service w i t h i n t h e means of said chapter t h i r t y - o n e or said section nine A and w i t h o u t reduction in compensation o r salary grade n o t w i t h s t a n d ing any change in t i t l e or duties r e s u l t i n g from such t r a n s f e r , subject to the provisions of said chapter t h i r t y - o n e and t h e rules and regulations adopted t h e r e u n d e r .
All employees of any such agency, who, immediately p r i o r t o said effective date, hold positions related to the exercise of such powers or the performance of such duties b u t neither hold permanent appointments in such positions nor have such t e n u r e , are hereby t r a n s f e r r e d to such agencies w i t h i n said executive o f f i c e , e v e r y such t r a n s f e r to be w i t h o u t impairment of s e n i o r i t y ,
retirement and other r i g h t s of the employee, and w i t h o u t i n t e r -r u p t i o n of se-rvice w i t h i n t h e meaning of said section nine A of chapter t h i r t y of the General Laws and w i t h o u t reduction in compensation of salary g r a d e , n o t w i t h s t a n d i n g any change in t i t l e o r duties r e s u l t i n g from such t r a n s f e r .
Nothing in t h i s section shall be construed t o confer upon any employee any r i g h t not held immediately p r i o r to the e f f e c t i v e date of t h i s act or to p r o h i b i t any reduction of salary o r g r a d e , t r a n s f e r , reassignment, suspension, d i s c h a r g e , l a y o f f , o r a b o l i
-A C T S , 1982. - Chap. 669.
tion of position not p r o h i b i t e d p r i o r to said effective date.
The status of the incumbent of any office or position placed w i t h i n the classified c i v i l service by t h i s act shall be determined p u r s u a n t to the provisions of section f i f t y - s i x of said chapter t h i r t y - o n e .
SECTION 12. All p e t i t i o n s , hearings and other proceedings d u l y b r o u g h t b e f o r e , and all prosecutions and legal and o t h e r proceedings d u l y begun by any b o a r d , commission, committee, council or other state agency t r a n s f e r r e d to the executive office of labor under the a u t h o r i t y of t h i s a c t , shall continue unabated and remain in force n o t w i t h s t a n d i n g the passage of t h i s act, and shall t h e r e a f t e r be completed before o r by such state agencies.
All o r d e r s , rules and regulations d u l y made, and all licenses, p e r m i t s , certificates and approval d u l y g r a n t e d by such state agencies which are in force immediately p r i o r to the effective date of t h i s act, shall continue in force and the provisions thereof shall t h e r e a f t e r be e n f o r c e d , u n t i l otherwise suspended, r e v i s e d , rescinded or cancelled in accordance w i t h law.
A p p r o v e d January 5, 1983. EMERGENCY LETTER - J a n u a r y 6, 1983 @ 10:50 A . M .
Chap. 669. AN ACT ENDING THE INVESTMENT OF PUBLIC PENSION FUNDS IN FIRMS DOING BUSINESS IN OR WITH SOUTH AFRICA.
Be it enacted, e t c . , 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 f u r t h e r amended b y adding the following p a r a g r a p h s :
-( v i ) A f t e r January 1 , 1983, no public pension f u n d s under t h i s subsection shall remain invested in any bank o r financial i n s t i t u t i o n which d i r e c t l y or t h r o u g h its subsidiaries has o u t standing loans to the Republic of South A f r i c a o r its i n s t r u m e n -t a l i -t i e s , and no asse-ts shall remain inves-ted in -t h e s -t o c k s , securities or other obligations of any company doing business in or w i t h the Republic of South A f r i c a . A n y proceeds of sales r e q u i r e d under t h i s paragraph shall be invested as much as reasonably possible in i n s t i t u t i o n s or companies which invest o r conduct business operations in Massachusetts so long as such use is consistent with sound investment p o l i c y .