Number 9 August 22, 1973

Number 9 August 22, 1973 Honorable Edward S. Graham Assistant Superintendent Massachusetts Hospital School Canton, Massachusetts 02021 Dear Mr. Graham: You have requested my opinion on the following two questions: 1) Do the Trustees of the Massachusetts Hospital School have the authority to request, receive, and disburse federal, state, county, corporate or personal grants and gifts under the existing statutes of the Commonwealth? 2) What procedures must be followed in adopting regulations for the conduct of student/ patients at the Massachusetts Hospital School? In regard to your first question, G.L. c. 111. § 62K provides, "The trustees shall be a corporation for the purpose of taking and holding . . . any grant or devise of land or any gift or bequest of money or other per- sonal property made for the use or benefit of the school . . . and for the purposes of preserving and investing the proceeds thereof in notes or bonds . . . with all powers necessary to effect said purposes ... In the use, management and administration of such gifts or trusts, the trustees or their agents shall in their discretion so act as most effectively to aid the beneficiaries in accordance with the terms of the gift of trust . . ," It would appear clear from the face of § 62K that the Trustees may request and receive all grants and gifts, and disburse the proceeds of such grants and gifts subject to the limitation of the last sentence quoted above. Ac- cordingly, 1 answer your first question in the affirmative. With respect to your second question, G. L. c. Ill, § 62M authorizes the Trustees to make rules and regulations regarding the admission and discharge of patient/students. General Laws, c. BOA, § 1(5) exempts regulations of public health and educational institutions from the re- quirements of the Administrative Procedure Act of the Commonwealth. it would therefore seem that no particular procedure need be followed in adopting rules regarding the conduct of patient/students at the Hospital School, other than the rules of procedure governing the Board of Trus- tees, contained in the corporate charter of the institution. I should add, however, that in order to avoid possible constitutional problems, the Hospital School should publish its regulations and make them easily ac- cessible to patient/students, see Hassan v. Boothhy, 318 F. Supp. 1183 (D. Mass. 1970). I believe that you have already planned to take such action. Very truly yours, ROBERT H. QUINN Attorney General 64 P.D. 12