COMMONWEALTH OF MASSACHUSETTS

By His Excellency 

FRANCIS W. SARGENT

EXECUTIVE ORDER NO. 106 

Drug Diversion Control 

    WHEREAS, The traffic within the Commonwealth in controlled
substances diverted from legal channels is increasing at a ser-
ious rate, which is demonstrated by increases in robberies and
other thefts of drugs, by arrest statistics, and by cases of drug
overdoses: and

    WHEREAS, The control of illicit traffic in diverted drugs re-
quires increased coordination at the state level of enforcement
and regulatory agencies of the Commonwealth: and

    WHEREAS, There is a need for central policy-making body to
provide guidance to a joint statewide enforcement and regulatory
effort in the Commonwealth;

    NOW, THEREFORE, I, Frances W. Sargent, Governor of the
Commonwealth, by virtue of the authority vested in me as Supreme
Executive Magistrate, do hereby order as follows:

    (1)  There shall be a Massachusetts Policy Council on Drug
Diversion Control, hereinafter called the Council, comprised of
the Commissioner of the Department of Public Safety, the Commi-
ssioner of the Department of Public Health, the Chairman of the
Board of Registration in Medicine, the Chairman of the Board of
Registration in Pharmacy, or their respective designees, and three
additional members appointed by the Governor for terms of one
year.  The Governor shall from time to time designate one of the
members to serve as chairman.

    (2) The Council shall:

    (a)  make recommendations to the Governor for improved legis-
lative, administrative, and regulatory measures relating to control
of the diversion of controlled substances;

    (b)  set policy and establish procedures for the formation 
and operation of a Diversion Investigation Task Force: and

    (c)  formulate plans for the initiation and conduct, includ-
ing the assignment of legal counsel and the appointment of hear-
ing officers where appropriate, of license suspension, revocation,
and other proceedings within the jurisdiction of the Department
of Public Health and the Boards of Registration in Medicine,
Dentistry, and Pharmacy relating to unauthorized drug diversion.

    (3)  The Council shall meet at the call of the chairman and
shall meet at least once each year.  Members of the Council shall
serve without compensation.  The Council shall meet as soon as it
is practicable upon execution of this order to establish proced-
ures for the formation and operation of the Diversion Investiga-
tion Task Force.  A majority of members then serving on the Councl
shall constitute a quorum.

    (4)  Investigative, regulatory, and other personnel of appro-
priate state agencies shall participate in the activities of the
Diversion Investigation Task Force, which shall operate under
the supervision of a State Police officer selected by the Commi-
ssioner of Public Safety and approved by a majority of the members
of the Council.

Given at the Executive Chamber in
Boston this third day of
May in the year of our Lord one
thousand nine hundred and seventy-
four and of the Independence of the
United States of America, the one
hundred and ninety-eighth.

Francis W. Sargent
Governor
Commonwealth of Massachusetts

John F. X. Davoren
Secretary of the Commonwealth

GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS