reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 27 - Complaints Against Registered Pharmacists; Notice; Hearing

Section 27. The board shall hear all complaints made to it against any person registered as a pharmacist charging him in his business as a pharmacist with violating any of the rules or regulations of the board or any laws of the commonwealth, and especially the laws relating to the sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, and alcohol; or with engaging with, or aiding or abetting another in the violation of said rules, regulations or laws; or, if he himself is not the owner and actively engaged in such business, with suffering or permitting the use of his name or certificate of registration by others in the conduct of the business of pharmacy. Any complaints which are the result of a conviction by a court of competent jurisdiction shall be made within twelve months from the date such a conviction becomes known to the board. The board shall notify the person complained against of the charge against him and of the time and place of the hearing at which he may appear with his witnesses and be heard by counsel. It may summon witnesses and compel their attendance at said hearings. Witnesses shall testify on oath and may be sworn by a member of the board. Three members of the board shall be a quorum for any such hearing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 28 - Decision of Board of Registration in Pharmacy; Effect

Section 28. If the full board sitting at such hearing finds the person guilty, the board may suspend the effect of his certificate of registration as a pharmacist for such term as it fixes. The board may at any time reconsider its action in cases where it has suspended or revoked the license or certificate of registration of a pharmacist, and may change its determination as justice shall require.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 29 - Suspension of Certificate of Registration of Registered Pharmacist

Section 29. It may, by a majority vote of all its members, after hearing, suspend the certificate of registration of a registered pharmacist, who, in its judgment, is a menace to the public by reason of the improper use of intoxicating liquor or drugs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 30 - Unlawful Dispensing of Controlled Substances; Penalties; Clerical and Ministerial Supportive Services Excepted

Section 30. No person shall dispense any controlled substance or any substance intended for hypodermic use except a person registered as a pharmacist or assistant pharmacist under section twenty-four or corresponding provisions of earlier laws who is acting in the course of his employment in a pharmacy, an intern in pharmacy under the direct supervision of a registered pharmacist in accordance with the regulations of the board, and a practitioner in accordance with the provisions of chapter ninety-four C. The terms ''controlled substances'', ''dispense'', ''practitioner'', and ''pharmacy'', as used in this section, shall have the same meaning as set forth in section one of said chapter ninety-four C.
Whoever violates any provision of this section shall be punished by imprisonment in a jail or the house of correction for not more than three months, or by a fine of not more than five hundred dollars, or both.
Notwithstanding any provision of this section to the contrary, a person under the direction and supervision of a registered pharmacist may perform those clerical and ministerial supportive services in a pharmacy which do not require the exercise of professional judgment by a registered pharmacist. The board may make such rules and regulations as it deems necessary to define the supportive services which an unregistered person may perform in a pharmacy. The registered pharmacist shall be responsible for the actions of any supportive personnel under his supervision.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 32 - Investigation of Complaints; Participation in National Data Reporting System

Section 32. The board shall investigate all complaints of the violation of any provision of sections twenty-four to forty-two, inclusive, or of section sixty-five, so far as it relates to pharmacy, and report the same to the proper prosecuting officers, and especially investigate and cause to be prosecuted all violations of sections twenty-nine to thirty G, inclusive, of chapter 138; provided, however, that notwithstanding any general or special law to the contrary, no person, pharmacy or pharmacy department shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting, including dispensing of medication, in the provision of reproductive health care services or gender-affirming health care services, as those terms are defined in section 11I1/2 of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the code of professional conduct for pharmacists if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified pharmacist based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services, including the dispensing of medication, that, as provided, would have been lawful and consistent with the code of professional conduct for pharmacists if they occurred entirely in the commonwealth.
Nothing in this section shall be construed to regulate the practice of pharmacists in any other state.
The board shall participate in any national data reporting system that provides information on individual pharmacies, pharmacists and pharmacy technicians including, but not limited to, relevant databases maintained by the National Association of Boards of Pharmacy and the federal Food and Drug Administration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 33 - Access to Documents by Registered Pharmacists Against Whom a Complaint or Charge Is Pending

Section 33. A registered pharmacist against whom a complaint or charge is pending before the board, or his counsel, shall have the same right of access to documents in the possession of said board as a person charged with crime in the courts of the commonwealth would have to documents in the possession of the clerk of the court or the prosecuting officer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 34 - Certificate of Conviction of Pharmacist; Notification of Board

Section 34. The court or magistrate before whom a person is convicted of a violation of section thirty of this chapter, or of any provision of sections twenty-nine to thirty F, inclusive, of chapter one hundred and thirty-eight relating to the retention, filing or inspection of prescriptions, or of section two of chapter two hundred and seventy shall send to the board a certificate under seal showing the time, cause and place of conviction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 36 - Continuance of Business of Deceased or Incapacitated Registered Pharmacists

Section 36. The surviving spouse, executor or administrator of a registered pharmacist who has died or the spouse of one who has become incapacitated may continue his business under a registered pharmacist, who may also be considered qualified to receive a certificate of fitness under section thirty of chapter one hundred and thirty-eight authorizing him to exercise upon the premises of said deceased or incapacitated pharmacist the rights conferred by section twenty-nine of said chapter upon holders of said certificates; provided, that the registered pharmacist under whom the business is continued is in charge of the premises and present therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 36a - Sale, Distribution or Delivery, at Wholesale, of Drugs or Medicines; License

Section 36A. Except as otherwise provided in section thirty-five, no person shall engage in the sale, distribution or delivery, at wholesale, of drugs or medicines within the commonwealth without a license so to do.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 36b - Sale, Distribution or Delivery, at Wholesale, of Drugs or Medicines; License Fee; Qualification; Renewal

Section 36B. The board shall upon application and the payment of an annual license fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven issue licenses required by section thirty-six A; provided, that no such license shall be issued to any applicant unless the board is satisfied that he or it is actually engaged in and is carrying on such wholesale business. Such license shall be renewed on or before December first of each year upon the payment of a license fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Any person who is engaged in the wholesale drug business at more than one location, shall obtain such a license for each location.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 36c - Use of Words ''wholesale Druggist''; Inspection and Investigation of Wholesale Dealers; Reports of Violations; Complaints

Section 36C. No person shall use the words ''wholesale druggist'' or any other words of similar import, holding himself or itself out to be engaged in the sale, distribution or delivery of drugs or medicines, at wholesale, without first having been licensed as provided in sections thirty-six A and thirty-six B. The agents of the board shall have authority, during business hours, to inspect and investigate all wholesale dealers in drugs or medicines, and shall report all violations of sections thirty-six A to thirty-six D, inclusive, to the board, upon the direction of which such agents shall apply for criminal complaints against persons guilty of any such violations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 36d - Penalties

Section 36D. Whoever, not being licensed as provided in sections thirty-six A and thirty-six B, engages in the sale, distribution or delivery, at wholesale, of drugs or medicines, or uses the words ''wholesale druggist'' or any other words of similar import in connection with his business to indicate the sale, distribution or delivery of such commodities, at wholesale, or whoever sells, distributes or delivers such commodities at retail, and holds himself out to be a wholesale druggist by using the words, ''wholesale druggist'' or words of similar import in connection with his business, or in advertising the same, shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not less than thirty days nor more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 37 - Drug Business; Definition

Section 37. ''Drug business'', as used in the two following sections, shall mean the sale, or the keeping or exposing for sale of drugs, medicines, chemicals or poisons, except as otherwise provided in section thirty-five, also the sale or the keeping or exposing for sale of opium, morphine, heroin, codeine or other narcotics, or any salt or compound thereof, or any preparation containing the same, or cocaine, alpha or beta eucaine, or any synthetic substitute therefor, or any salt or compound thereof, or any preparation containing the same, and the said term shall also mean the compounding and dispensing of physicians' prescriptions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 38 - Transaction of Retail Drug Business; Registration; Permit; Display of Permit

Section 38. No store or retail food store pharmacy department or retail store pharmacy department shall be kept open for the transaction of the retail drug business, or be advertised or represented as transacting such business, by means of any sign or advertisement containing the words ''drug store'', ''pharmacy'', ''apothecary'', ''drug'', ''drugs'', ''medicine shop'', or any combination of such words, or otherwise, unless it is registered with, and a permit therefor has been issued by the board as provided in the following section; provided, however, that said words, or any of them, may, with the written permission of the board, be used with respect to a store or retail food store pharmacy department or retail store pharmacy department not registered with, and not having a permit issued by, the board as aforesaid, if in the town, or voting precinct thereof, where such store or retail food store pharmacy department or retail store pharmacy department is located there is no store or retail food store pharmacy department or retail store pharmacy department so registered and having such a permit. Such permit shall be displayed in a conspicuous place in the store or retail food store pharmacy department or retail store pharmacy department for which it is issued. The word ''town'', as used in this section, shall not include city. Identification of a retail food store pharmacy department or retail store pharmacy department by use of the words ''drug store'', ''pharmacy'', ''apothecary'', ''drug'', ''drugs'', ''medicine shop'', or any combination thereof shall be restricted to the area registered by the board for the transaction of the retail drug business.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 39 - Registration; Permits; Fees; Rendering of Final Decision; Establishment of Specialty Pharmacy Licensure Categories

Section 39. The board may, upon application made in such manner and form as it shall determine, register a store or retail food store pharmacy department or retail store pharmacy department for the transaction of the retail drug business, and issue to such person as it deems qualified to conduct such store or retail food store pharmacy department or retail store pharmacy department, a permit to keep it open; provided, however, that the board may deny such registration and refuse to issue such permit if, in its reasonable discretion, such store or retail food store pharmacy department or retail store pharmacy department would be inconsistent with or opposed to the best interests of the public health, welfare or safety, but no such registration shall be made or permit issued in the case of a corporation unless it shall appear to the satisfaction of the board that the management of such drug store or retail food store pharmacy department or retail store pharmacy department is in the hands of a registered pharmacist. Such permit shall expire on December thirty-first of each uneven numbered year following the date of its issue, and the fee therefor shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
The board shall, within one hundred and fifty days after the filing of an application render a final decision denying or allowing registration. For the purposes of this section and section thirty-eight the term retail food store pharmacy department shall mean any area for the transaction of the retail drug business which is located within a retail food store.
The board may establish specialty pharmacy licensure categories beyond those delineated in this section, and in sections 39A to 39C, inclusive, and in sections 39G to 39J, inclusive, through the promulgation of regulations as deemed necessary by the board in consultation with the commissioner of public health. The board shall determine which regulations, applicable to a retail drug business registered pursuant to section 39, shall apply to a pharmacy registered pursuant to this section and may establish regulations that shall only apply to a licensure category established pursuant to this paragraph. The licensure fee shall be determined annually by the secretary of administration and finance under section 3B of chapter 7.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 39a - Restricted Pharmacies; Registration

Section 39A. The board may, upon application of the plan administrator or trustee of any trust, fund, pension plan, combination plan or profit sharing plan, which is subject to the provisions of chapter one hundred and fifty-one D, register a facility, hereinafter called a restricted pharmacy, for the limited transaction of the drug business as defined in section thirty-seven. A restricted pharmacy may furnish pharmacy services only to beneficiaries, as defined in section one of said chapter one hundred and fifty-one D, of said trust, fund, pension plan, combination plan or profit sharing plan and who reside in the commonwealth or in any other New England state. Charges for such services shall be determined by said trustee or plan administrator. A restricted pharmacy may, after written notice to the board limit its operation to a specific schedule of drugs.
Said board shall determine which regulations, applicable to a retail drug business registered under section thirty-nine shall apply to a pharmacy registered under this section and may establish, subject to the provisions of section two of chapter thirty A, regulations which shall apply only to a restricted pharmacy.
Nothing in this section shall prohibit a restricted pharmacy from accepting and filling prescriptions by mail; provided, however, that, notwithstanding the provisions of paragraph (c) of section eighteen of chapter ninety-four C or any other law to the contrary, the prescribing physician is verified, according to procedures established by the board, as licensed to practice in the commonwealth or in any New England state.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 39b - Nuclear Pharmacies

Section 39B. The board may, upon application, made in such manner and form as it shall determine, register an establishment for transacting business as a nuclear pharmacy as defined in section one of chapter ninety-four C. A nuclear pharmacy shall not perform any pharmacy functions other than the dispensing of radiopharmaceutical drug products. The board shall issue a permit to such person as its deems qualified to conduct such pharmacy; provided, however, that the board may deny such registration and may refuse to issue such permit if, in its discretion, it determines that such pharmacy would be inconsistent with or opposed to the best interest of the public health, welfare and safety. No such registration shall be made or permit issued in the case of a corporation unless it shall appear to the satisfaction of the board that the management of such nuclear pharmacy is in the hands of a registered pharmacist. Such permit shall expire on December thirty-first of each uneven numbered year following the date of its issue, and the fee therefor shall be determined annually by the commissioner of administration and finance under the provisions of section three B of chapter seven. The board shall, within one hundred and fifty days after the filing of an application, render a final decision denying or allowing registration. Failure to render such decision, except when failure to act is caused by the delay of the applicant, shall constitute an approval of the application and the permit shall be issued.
The board, in consultation with the department of public health shall promulgate regulations pertaining to the operation of nuclear pharmacies in the commonwealth. Such regulations may include procedures governing the dispensing of radiopharmaceutical drugs when the name of a patient to whom the drug is to be administered is not known at the time a prescription order is received, provided that such regulations shall allow a nuclear pharmacist up to seventy-two hours after dispensing a radiopharmaceutical drug to determine the patient's name and record such information on the appropriate form.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 39c - Long-Term Care Pharmacy and Home Infusion Pharmacy

Section 39C. The board may, upon application, made in such manner and form as it shall determine, register an establishment for transacting business as a long-term care pharmacy or home infusion pharmacy, and issue to such entity as it deems qualified to conduct long-term care pharmacy or home infusion, a permit to operate. A registered entity shall be considered a retail pharmacy and not a provider of institutional, residential, or long-term care services. The board may deny such registration and refuse to issue such permit, if, in its reasonable discretion, such entity would be inconsistent with or opposed to the best interests of the public health, welfare or safety, but no such registration shall be made or permit issued in the case of a corporation, as defined in section 30 of chapter 63 unless it shall appear to the satisfaction of the board that the management of such entity is controlled solely by a registered pharmacist. Such permit shall expire on December 31 of each uneven numbered year following the date of its issue, and the fee therefore, shall be determined annually by the commissioner of administration under section 3B of chapter 7. The board, in consultation with the department of public health shall promulgate regulations pertaining to the operation of long-term care and home infusion pharmacies in the commonwealth subject to section 2 of chapter 30A. Said board shall determine which regulations, applicable to a retail drug business under section 39 shall apply to long-term care or home infusion pharmacies. The board shall, within 150 days after the filing of an application, render a final decision denying or allowing registration. Failure to render such decision, except when such failure to act is caused by the delay of the applicant, shall constitute an approval of the application and permit shall be issued. For the purposes of this section, the term long-term care pharmacy shall mean a pharmacy which dispenses pharmaceuticals, sterile intravenous drugs and nutritional products ordered by physicians to patients in nursing homes, assisted living facilities, hospice programs and similar institutional sites of care. For the purposes of this section, the term home infusion pharmacy shall mean a pharmacy which dispenses sterile intravenous drugs ordered by physicians to patients in their homes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 39f - Compounding and Distribution of Sterile or Complex Non-Sterile Drug Preparation Prohibited Without License; Adherence to Current Standards Under Cgmp

Section 39F. (a) A pharmacy shall not engage in sterile compounding nor shall a pharmacy prescribe, ship, mail, sell, transfer or dispense sterile drug preparations in the commonwealth unless the pharmacy has obtained a license from the board pursuant to section 39G, 39I or 39J.
(b) No pharmacy shall engage in complex non-sterile compounding nor shall a pharmacy prescribe, ship, mail, sell, transfer or dispense complex non-sterile drug preparations in the commonwealth unless the pharmacy has obtained a license from the board pursuant to section 39H or 39J.
(c) An entity that intends to compound and distribute a sterile drug preparation or a complex nonsterile drug within or outside of the commonwealth in volumes inconsistent with routinely observed volume patterns associated with patient-specific prescriptions or in the absence of accountability documentation shall adhere to the most current standards established under cGMP when engaging in any form of compounding. The entities shall either register as a producer of drugs with the federal Food and Drug Administration pursuant to section 510 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. section 360 or register as an outsourcing facility with both the federal Food and Drug Administration pursuant to section 503B of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. § 353b, and the board of registration in pharmacy pursuant to section 36E before engaging in any sterile compounding or complex nonsterile compounding.
(d) A pharmacy shall not compound any drug preparations banned by the federal Food and Drug Administration because of safety concerns.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 40 - Suspension or Revocation of Registration and Permit; Notice; Hearing

Section 40. The board may suspend or revoke any registration made under section thirty-nine, thirty-nine A or thirty-nine B and any permit issued thereunder for any violation of the law pertaining to the drug business or the sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or for any violation of the rules and regulations established by the board, or for aiding or abetting in a violation of any such law, rules or regulations; but before such suspension or revocation the board shall give a hearing to the holder of the permit, after due notice to him of the charges against him and of the time and place of the hearing. Such holder may appear at the hearing with witnesses and be heard by counsel. Witnesses shall testify on oath and any member of the board may administer oaths to them. The board may require the attendance of persons and compel the production of books and documents. Three members of the board shall be a quorum for such a hearing, but no registration or permit shall be suspended or revoked unless upon the affirmative vote of three or more members thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 41a - Patent and Proprietary Medicines; Non-Controlled Substances; Exemption From Regulation

Section 41A. Sections thirty-six A to forty-one, inclusive, of this chapter, and sections twenty-nine to thirty G, inclusive, of chapter one hundred and thirty-eight shall not apply to the manufacture or sale of patent and proprietary medicines or any substance or drug not included or defined in chapter ninety-four C as a controlled substance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 42d - Assessment of Penalty Against Licensed Pharmacy for Violation of Regulation or Administrative Rule or for Failure to Comply With Order to Correct Violation

Section 42D. (a) The board may assess a licensed pharmacy a penalty of not more than $25,000 for each violation of regulations or administrative rules established pursuant to any general law that governs the practice of pharmacy. The board, through regulation, shall ensure that any fine levied is commensurate with the severity of the violation.
(b) The board may assess a pharmacy, licensed pursuant to this chapter and ordered to correct a violation of regulations or administrative rules established under any general law that governs the practice of pharmacy, a penalty of not more than $1,000 for each violation for each day the violation continues to exist beyond the date prescribed for correction.
(c) Upon making an assessment, the board shall give the licensee notice of the matters alleged and the law relied upon and shall afford the licensee an opportunity for a hearing upon a written request within 15 business days of the assessment. If after a hearing, or if the licensee waives the licensee's right to a hearing, the board determines that cause exists, the board shall make an appropriate assessment. The affected licensee shall pay such assessment except to the extent that, upon judicial review, the reviewing court may reverse the final decision of the board.
(d) An assessment made under this section shall be due 30 days after notification to the affected licensee, or 15 days after resolution of an administrative appeal. The attorney general shall recover any assessment due and payable brought in the name of the commonwealth in the superior court. Funds collected pursuant to subsection (b) shall be paid as described in subsection (c). Assessments collected pursuant to this section shall be deposited in the Quality in Health Professions Trust Fund established by section 35X of chapter 10 and shall be used to support initiatives such as: patient safety and quality improvement programs for organizations under the jurisdiction of the division of health professions licensure; training for board and division staff; and to offset the costs of board business, including investigation, enforcement activities and investments in health information technology. The board shall promulgate regulations for the administration of the fund, in consultation with the division, including the establishment of eligibility criteria, program requirements and assessment and reporting processes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 43 - Powers and Duties of Board of Registration of Dentistry; Records; Annual Reports

Section 43. The board of registration of dentistry, herein and in sections forty-three A to fifty-three, inclusive, called the board, shall examine applicants for registration in dentistry, and shall investigate all complaints of violations of sections forty-four, forty-nine, fifty-two, fifty-two A, fifty-two C and sixty-five. In aid thereof, the board may make, and shall publish, such rules and regulations as it deems necessary. If, as a result of such investigation, the board has reasonable cause to believe that a violation has occurred, it shall forthwith file a written report of the same with the attorney general who shall, within three months following receipt of such report, notify the board in writing of the action taken with respect to such violation. The board may also bring a petition in equity in the superior court to enjoin the continuation of such violation. Five members of the board shall constitute a quorum for the transaction of business. The board shall keep a full record of its proceedings and a registry of all persons registered by it, which shall be public records open to inspection. A transcript of any of the entries in such record, certified by its secretary, shall be competent evidence of the facts stated therein. The board shall make a full and accurate annual report.
The board shall employ a full-time assistant secretary and it may employ such investigators and other clerical assistance as it deems necessary, all such positions to be subject to the provisions of chapter thirty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 43a - Definitions

Section 43A. The following words shall have the following meanings wherever used in this chapter or in any rules and regulations promulgated by the board in accordance with the provisions of chapter thirty A:—
''Aid or assist the dentist'', working simultaneously in conjoined manipulation with a dentist who is rendering treatment, as opposed to the performance of ''delegated procedures'' which does not require the immediate presence of a dentist.
''Appropriate supervision'', the type of supervision, whether direct or general, which the board specifies by rules and regulations as necessary for the performance of various procedures delegated by the board to dental hygienists or dental assistants.
''Delegated procedures'', those procedures performed under the direct supervision or the general supervision of a licensed dentist.
''Dental assistant'', a person registered by the board or authorized under section 511/2 and working under the supervision of a licensed dentist, whose purpose is to aid or assist a dentist in the delivery of patient care, or perform such delegated procedures under the supervision of a licensed dentist as determined by the board as may be authorized by rules and regulations of the board.
''Dental hygienist'', a person registered and licensed by the board, pursuant to the provisions of section 51.
''Direct supervision'', a dentist shall be physically present in a dental facility.
''Full time faculty member'', a dentist who devotes at least four full working days per week in teaching-patient care, research or administrative duties in the dental educational or research institution where he is employed.
''General supervision'', supervision of dental procedures based on instructions given by a licensed dentist but not requiring the physical presence of a supervising dentist during the performance of those procedures.
''Intramural group dental practice'', a dental practice comprised of full time faculty members under the auspices of the dental educational or research institution where they are employed.
''Placement of a restoration'', a procedure for the reconstruction of a tooth, or portion of a tooth, to its anatomical and functional integrity or the replacement of a tooth or teeth using those materials designed for the purpose which are accepted by the American Dental Association Council on Dental Materials and Devices.
''Public health dental hygienist'', a dental hygienist with at least 3 years of full-time clinical experience who is practicing full or part time in a public health setting pursuant to section 51 and who has received appropriate training as determined by the department of public health.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 44 - Notification of Board of Office Address; Fees, Default; Lists; Display of Name

Section 44. Every registered dentist when he begins practice, either by himself or associated with or in the employ of another, shall forthwith notify the board of his office address or addresses, and every registered dentist practicing as aforesaid shall biennially, before April first, pay to the board a license fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven, in default of which the board may revoke his license to practice dentistry after a hearing as provided by section sixty-one; but the payment of said fee at or before the time of hearing, with an additional sum determined under the aforementioned provision, shall remove the default. Every registered dentist shall also promptly notify the board of any change in his office address or addresses and shall furnish such other information as the board may require. The board shall publish annually complete lists of the names and office addresses of all dentists registered and practicing in the commonwealth, arranged alphabetically by name and also by the towns where their offices are situated. Every registered dentist shall exhibit his full name in plain readable letters in each office or room where his business is transacted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 45a - Limited Registration of Dentists; Renewal; Revocation

Section 45A. An applicant for limited registration under this section who is eighteen years of age or over and of good moral character who shall furnish the board with satisfactory proof that he has received a diploma from the faculty of a reputable dental college as defined in section forty-six and who shall furnish the board with satisfactory proof that he has been employed as a member of the faculty of a dental college accredited by the Commission on Accreditation of Dental and Dental Auxiliary Educational Programs of the American Dental Association or that he has been appointed a dental intern in a hospital or other institution maintained by the commonwealth or by a county or municipality thereof, or in a hospital or dental infirmary incorporated under the laws of the commonwealth, may upon payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven be registered by the board as a limited registrant for one year; provided, however, that practice under any such original or renewal limited registration so issued by the board shall be limited to no longer than five years unless said applicant passes a clinical examination administered by the board or is a full time faculty member. Such limited registration shall entitle said applicant to practice dentistry only in the hospital or other institution designated on his registration and under the direction of a registered dentist employed therein. Limited registration under this section may be revoked at any time by the board and a holder of such a limited registration shall not practice dentistry in a private dental office or private dental clinic; provided, however, that a full time faculty member may participate in, and only in, an intramural group dental practice which is operated, managed and physically located within a nonprofit dental educational or research institution and their affiliated hospitals in which the full time faculty member is employed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 45b - Temporary Registration of Dentists; Prerequisites; Fee; Restrictions on Practice; Revocation

Section 45B. An applicant for temporary registration under this section who is 18 years of age or over and of good moral character who shall furnish the board with satisfactory proof that he has received a diploma from the faculty of a reputable dental college as defined in section 46 and who shall furnish the board with satisfactory proof that he is receiving or providing continuing education or training in a private or commercial dental facility or dental convention that is approved for those purposes by the American Dental Association, the Academy of General Dentistry, a similar organization or an institution of higher education, may, upon payment of a fee to be determined annually by the commissioner of administration under section 3B of chapter 7 be registered by the board as a temporary registrant for 2 years. The temporary registration shall entitle the applicant to practice dentistry only in the facility designated on his registration and under the direction of a registered dentist employed therein. Temporary registration under this section may be revoked at any time by the board and a holder of a temporary registration shall not practice dentistry in a private or commercial dental facility or dental convention other than in connection with the aforementioned continuing education training.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 45c - Registration of Dentists; Fee Waived for Certain Volunteer Practitioners; Scope of Practice Restricted; Contents of Application

Section 45C. (a) The board may grant to or renew a certificate of registration of a dentist qualified for registration or renewal of the same under this chapter without payment of a fee; provided, that the dentist has agreed to restrict his practice to that of a volunteer practitioner in a specified free care program operated by a nonprofit organization. The scope of practice of a dentist whose certificate of registration is granted or renewed pursuant to this section may be restricted as the board may provide by regulation.
(b) In order to qualify for a license for volunteer practice, an applicant shall meet the requirements for a regular license under this chapter, in addition to the requirements of this section. An applicant shall submit to the board a completed application on a form prescribed by the board and any additional information that the board requests. An applicant shall agree to the conditions on practice promulgated by the board.
(c) The board's application form for a license for volunteer practice shall include a request for the following information:
(1) a written statement from the applicant outlining the scope and duration of services to be provided by the applicant;
(2) a written statement from the director of the applicant's proposed work site outlining the scope and duration of the applicant's responsibilities; and
(3) evidence satisfactory to the board that, in the proposed work site, the volunteer dentist will be serving without compensation and providing free dental care to a low-income community, or a community with limited access to dental care.
(d) If an applicant has met all of the requirements of this section to the satisfaction of the board, the applicant shall be granted a license for volunteer practice and entitled to a certificate of registration signed by the chairman and the secretary of the board. A licensee engaged in volunteer practice may practice dentistry only at a work site approved in conjunction with his license application; shall be subject to the same conditions and responsibilities as a regular licensee; and may not accept any compensation for the practice of dental medicine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 46 - Reputable Dental College; Definition

Section 46. A dental college shall be considered reputable which possesses the following qualifications:
First, It shall be incorporated and authorized by its charter to confer degrees of doctor of dental medicine, doctor of dental surgery or doctor of dental science.
Second, It shall have a competent faculty and corps of instructors. The teaching staff shall deliver a comprehensive and satisfactory course of lectures supplemented by adequate clinical and laboratory exercises in all subjects pertaining to modern dentistry.
Third, It shall give a course of not less than four separate academic years to matriculants who are graduates of accredited high schools or who present proof of equivalent training, or a course of not less than three separate academic years to matriculants who present satisfactory proof of having successfully completed two years of appropriate pre-dental training in a college or university authorized to grant degrees. Each academic year shall consist of not less than thirty-two weeks.
The administrative policy of the dental college shall be such as to accomplish the requirements of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 46a - Reexamination for Competency

Section 46A. If any applicant for registration, either by examination or under the provisions of section forty-eight, is registered and issued a certificate of registration by the board, and does not practice dentistry in the commonwealth within five years from the date of the certificate of registration, or does not maintain a current license to practice dentistry in the commonwealth for a period of five consecutive years, may be required by the board to be reexamined for competency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 48 - Reciprocity Certificate for Dentist Lawfully in Practice for at Least Five Years in Another State; Fee

Section 48. The board may, without examination upon payment of a fee determined annually by the commissioner of administration under the provision of section three B of chapter seven, register, and issue a certificate to, a dentist who has been lawfully in practice for at least five years in another state, if he presents to the board a certificate of registration, and duration of practice, from the board of dental examiners or other like board of said state; provided, that such other state shall require a degree of competency equal to that required of applicants in this commonwealth. Subject hereto, the board may waive written examination with respect to a dentist who has received a certificate of qualification from the National Board of Dental Examiners.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 49 - Operation of Dental Office Under Name of Owner; Exception

Section 49. No corporation hereinafter formed or organized shall conduct a dental office and no person shall conduct a dental office under any name other than that of the dentist actually owning the practice. The provisions of statute shall not apply to a professional corporation organized to practice dentistry under chapter one hundred and fifty-six A.