[ Massachusetts' KI Law is here ]

105 CMR 124.000: PROVISION OF THYROID BLOCKING AGENTS

Section

124.001: Purpose
124.002: Regulatory Authority
124.003: Definitions
124.004: Funding
124.005: Purchase of KI
124.006: Request By City or Town

124.001: Purpose

105 CMR 124.000 is promulgated to implement the purposes of those sections of M.G.L. c. 111, § 5K which require the Department of Public Health to stockpile thyroid blocking agents for cities and towns within 10 miles of a nuclear power plant, and on Cape Cod, the Islands and Cape Ann.

124.002: Regulatory Authority

The authority for the Department of Public Health to promulgate 105 CMR 124.000 is found in M.G.L. c. 111, § 5K.

124.003: Definitions

As used in 105 CMR 124.000, the following terms shall have the following meanings unless the context otherwise requires:

Cape Ann: means the cities or towns of Essex, Rockport, Gloucester and Manchester.

Cape Cod: means the cities or towns of Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet and Yarmouth.

Department: means the Massachusetts Department of Public Health.

Electric Company: means persons, firms, associations and private corporations which own or operate works or distribute electricity in the commonwealth. The term “electric company” does not include municipalities or municipal light plants.

Emergency Planning Zone: means the area within a 10 mile radius of a nuclear power generating station, as defined in the Massachusetts Radiological Emergency Response Plan.

Islands: means Martha’s Vineyard and Nantucket.

KI: means the chemical symbol for potassium iodide, a commercially available thyroid blocking agent.

124.004: Funding

The costs associated with the purchase and distribution of KI under this regulation shall be borne by the operator of Pilgrim Nuclear Power Station and the electric companies that own, in whole or in part, or purchase power from, Seabrook Nuclear Power Station. The cost assigned to each entity shall be determined by the Department based on the proportion of the quantity of nuclear-generated electricity purchased or sold by that entity relative to the total nuclear-generated electricity used within the Commonwealth during the same period, based on the most recent data available from the Department of Telecommunications and Energy.

124.005: Purchase of KI

The Department shall purchase KI which has been approved by the Food and Drug Administration in the form of either 65 milligram or 130 milligram tablets. The quantity of KI tablets purchased shall be sufficient to supply 260 milligrams of KI to:

A. each resident (based on summer population) of the participating cities and towns on Cape Cod, the Islands, and Cape Ann; the town-estimated transient population within those communities; institutionalized populations within those communities; emergency shelters within those communities in quantities sufficient for maximum occupancy; businesses within those communities that have requested supplies for employees who reside outside the area; and schools, preschools, day care centers and camps within those communities that have requested supplies for students and staff.
B. each resident (based on summer population) of the towns in the Emergency Planning Zones; the town-estimated transient population within those communities; institutionalized populations within those communities; emergency shelters within those communities in quantities sufficient for maximum occupancy; businesses within those communities that have requested supplies for employees who reside outside the area; and schools, preschools, day care centers and camps within those communities.

124.006: Request By City or Town

A city or town in the Emergency Planning Zones or on Cape Ann, Cape Cod or the Islands that elects to participate in the provision of KI shall deliver a letter to the Department containing such a request and documentation that its governing body has voted to accept KI. The letter shall also indicate the total number of doses required, and to which municipal body the KI should be consigned.

[see Cape Cod Towns' Legislative Efforts for a list of towns that requested said KI.]