Procedures in Case of Public Health Emergency

If notifications made under 105 CMR 451.409 fail to secure prompt correction of deficiencies which constitute a serious threat to the health or safety of inmates or employees of a facility, and the Commissioner believes that conditions observed are so dangerous that a public health emergency may exist at the facility, he shall so notify the Commissioner of Correction, the Secretary of Human Services and the Governor, and requestthat the Governor declare under M.G.L. c. 17, § 2A, that an emergency exists which is detrimental to the public health. In the case of a countyfacilitythe Sheriffshall also be notified. The Commissioner shall, with the approval of the Governor and the Public Health Council, take such action pursuant to c. 17, § 2A as he deems necessary to assure the maintenance of the public health and the prevention of disease. 105 CMR - 1886