reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 30.00 - Complaint Procedures And Grounds For Disciplinary Action › Section 30.03 - Disposition of Complaints

Current through Register 1525, July 5, 2024
(1)
Grounds for Disciplinary Action
(a) The Board may, by majority vote after a
			 hearing conducted in accordance with M.G.L. c. 30A and
			 801 CMR 1.00 et. seq., take
			 disciplinary action against any social worker who holds a license issued
			 pursuant to M.G.L. c. 112, §§ 130 through 137 and
			 258 CMR 9.00. Grounds for such
			 disciplinary action shall include, but shall not be limited to:
1. Engaging in unprofessional conduct,
			 including but not limited to any conduct which constitutes a violation of
			 258 CMR
			 20.01 through
			 258 CMR
			 20.14;
2. Violating any provision of any state or
			 federal law or regulation which governs or pertains to the practice of social
			 work;
3. Engaging in gross
			 misconduct in the practice of his or her profession as a social
			 worker;
4. Engaging in practice
			 which is fraudulent or beyond the authorized scope of practice for the level of
			 social work licensure held;
5.
			 Practicing with gross incompetence or gross negligence on a particular
			 occasion;
6. Practicing with
			 negligence on more than one occasion;
7. Practicing while his or her ability to
			 practice is impaired by alcohol, drugs, physical disability or mental
			 illness;
8. Knowingly permitting,
			 or aiding or abetting, an unlicensed person to perform social work activities
			 which require a license;
9. Having
			 been convicted of any criminal offense which reasonably calls into question his
			 or her fitness or ability to practice as a social worker; or
10. Having his or her license, certificate,
			 or registration to practice social work revoked, cancelled, suspended, or
			 otherwise disciplined by any governmental agency in any other state, province,
			 territory or other political subdivision of the United States or Canada which
			 is responsible for the registration, certification or licensure of social
			 workers, if the basis for that disciplinary action would constitute a basis for
			 disciplinary action in Massachusetts.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 31.00 - Continuing Education Requirements › Section 31.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				258 CMR 31.00 is to require
				all social workers licensed by the Board to obtain continuing education as a
				condition for renewal of their licenses in order to promote and enhance the
				professional competence of all licensed social workers, and to establish
				criteria for approval of continuing education programs to be used in fulfilling
				such continuing education requirements.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 31.00 - Continuing Education Requirements › Section 31.02 - Definitions

Current through Register 1525, July 5, 2024
For purposes of
				258 CMR 31.00, the following
				terms shall have the following meanings, unless the context in which they are
				used clearly indicates otherwise:
Authorization Number
. The number that
				a recognized entity, as defined in 258 CMR 31.02:
Recognized
				Entity
, assigns to an approved continuing education course,
				program, seminar or workshop.
Board
. The Massachusetts Board of
				Registration of Social Workers.
Continuing Education Hour
. A unit of
				not less than 50 minutes of actual instruction time in an approved continuing
				education course, program, seminar or workshop.
Continuing Education Program
. Any
				course, program, seminar or workshop which provides information or knowledge
				which contributes directly to the professional competence of social workers and
				which meets the requirements of
				258 CMR
				31.04.
Individual Continuing Education
				Activity
. Any activity by an individual licensed social worker
				which has been specially approved by the Board pursuant to
				258 CMR
				31.04(4)  and provides
				information or knowledge which contributes directly to the professional
				competence of a social worker. Such activities include, but shall not
				necessarily be limited to, lectures, course or conference presentations,
				publication of a professional article, or research activities which lead to a
				conference presentation or publication of a professional article.
Licensed State, County, or Municipal Social
				Worker
. Any social worker who holds a license to practice social
				work issued by the Board but who provides social work services exclusively in
				his or her capacity as an employee of a unit of state, county or municipal
				government within the Commonwealth of Massachusetts.
Licensure Period
. The period between
				initial licensure, as referenced in
				258 CMR
				9.08:
License Term and
				Expiration
, and its first expiration date, and thereafter, the
				two-year period between expiration dates.
Recognized Entity
. An educational
				institution, professional organization or other entity which has been
				recognized or authorized by the Board to sponsor, conduct or approve continuing
				education programs in social work.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 31.00 - Continuing Education Requirements › Section 31.03 - Establishment of Continuing Education Requirement

Current through Register 1525, July 5, 2024
(1)
General
			 Requirement
. Beginning with the licensure period commencing
			 October 1, 2004, every social worker, as a condition for renewal of his or her
			 license, shall complete the minimum number of continuing education hours
			 specified below for his or her licensure level during each licensure period,
			 unless he or she is exempt from such requirements pursuant to 258 CMR 31.03(2),
			 or is entitled to pro-rate such requirements pursuant to 258 CMR 31.03(3):
(a) Licensed Independent Clinical Social
			 Workers (LICSWs) - 30 continuing education hours;
(b) Licensed Certified Social Workers (LCSWs)
			 - 20 continuing education hours;
(c) Licensed Social Workers (LSWs) - 15
			 continuing education hours; and
(d)
			 Licensed Social Work Associates (LSWAs) - ten continuing education hours.
All such continuing education hours shall be completed in
				continuing education programs which meet the requirements of
				258 CMR
				31.04.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 31.00 - Continuing Education Requirements › Section 31.04 - Criteria for Approval of Continuing Education Programs

Current through Register 1525, July 5, 2024
(1)
Program Content
			 Requirements
. A continuing education course or program, or an
			 individual continuing education activity, may be approved, and may be used to
			 satisfy the continuing education requirements set forth in
			 258 CMR
			 31.03(1), only if that
			 course, program or activity covers:
(a)
			 Theories and concepts of human behavior in the social environment;
(b) Social work practice, knowledge and
			 skills;
(c) Social work research,
			 program evaluation, or practice evaluation;
(d) Social work agency management or
			 administration;
(e) Development,
			 evaluation and/or implementation of social policy;
(f) Social work ethics and standards of
			 professional practice; or
(g)
			 Current issues in clinical or non-clinical social work practice
			 (
e.g
., diversity, aging, multi-culturalism, new approaches to
			 diagnosis and treatment of mental or emotional disorders,
etc
.)
Continuing education credit will not be given for programs that
				do not apply directly to and "contribute to the growth of professional
				competence in social work practice". Programs focused on marketing skills,
				management or other business skills, or computer proficiency skills will not be
				considered acceptable, as those types of courses are intended to enhance
				business skills, and not social work skills.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 31.00 - Continuing Education Requirements › Section 31.05 - Responsibilities of Individual Licensees

Current through Register 1525, July 5, 2024
(1) Each licensed social worker shall
			 maintain a written record of all continuing education courses or programs
			 and/or approved individual continuing education activities he or she has
			 completed for a period of not less than two consecutive licensure periods,
			 inclusive of the licensure period during which the course, program or activity
			 was completed.
(2) Each licensed
			 social worker, as part of his or her application for renewal of his or her
			 license, shall attest under the pains and penalties of perjury that he or she
			 has completed the number of continuing education hours required by
			 258 CMR
			 31.03(1), or that he or she
			 is exempt from the continuing education requirement pursuant to
			 258 CMR
			 31.03(2). Such attestation
			 shall be made on a form prescribed and provided by the Board.
(3) Upon written request by the Board, a
			 licensed social worker shall furnish to the Board such information as the Board
			 may reasonably require about any or all continuing education courses, programs
			 or activities completed by said licensee. Failure or refusal to provide timely
			 proof of completion of the number of continuing education hours required by
			 258 CMR
			 31.03 upon the request of the Board shall
			 constitute grounds for disciplinary action by the Board.
(4) Falsification of reports of continuing
			 education courses, seminars, workshops and completed hours, or
			 misrepresentation of any material fact concerning the completion of such
			 continuing education hours, by any licensee shall constitute grounds for
			 disciplinary action by the Board.
Code of Massachusetts Regulations › 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS › Title 258 CMR 31.00 - Continuing Education Requirements › Section 31.06 - Appeal Process

Current through Register 1525, July 5, 2024
In the event that an application for approval of a specific
				continuing education course or program, or for approval of an individual
				continuing education activity, is denied by the Board, the applicant shall have
				the right, upon written request, to have the Board's decision reviewed and
				reconsidered. As part of said review process, the applicant may appear
				personally before the Board and shall have the right to present any additional
				information which may reasonably have a bearing on the issue of whether the
				application for approval should be approved.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 2.00 - General Provisions › Section 2.02 - Licensing Process

Current through Register 1525, July 5, 2024
(1) Foreign Educated Applicants Seeking Licensure.
(a) Applicants for licensure who have completed a program that is located in a foreign jurisdiction (i.e., NOT a state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico) that is not accredited or approved by an entity acceptable to the Board shall be required to:
1. follow the application procedure set forth in 259 CMR 2.02 except for 259 CMR 2.02(2)(a)1.a. and d. and;
2. meet the following additional requirements for licensure:
a. credentials must be evaluated by a credential evaluation service approved by the Board;
b. achieve a passing score on the Test of English as a Foreign Language (TOEFL) and the Test of Written English (TWE); and,
c. provide satisfactory evidence to the Board that he/she is authorized to practice his/her specific discipline without restriction in the jurisdiction in which the post secondary institution from which the applicant has graduated is located or in the jurisdiction in which the applicant is a citizen.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 2.00 - General Provisions › Section 2.03 - Participation in Continuing Education Courses by Persons Not Licensed by the Board

Current through Register 1525, July 5, 2024
Individuals not licensed in Massachusetts who participate in continuing education courses in Massachusetts which involve the treatment of patients/clients must be licensed in their respective professions in their own state or jurisdiction.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 2.00 - General Provisions › Section 2.04 - Requirements for Renewal of License

Current through Register 1525, July 5, 2024
A license shall expire every two years on the birth anniversary of the Licensee. The filing of a license renewal form is the responsibility of the licensee. A licensee must submit to the Board a completed renewal application and the proper fee prior to the renewal/expiration date of the license.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 2.00 - General Provisions › Section 2.05 - Requirements for Reinstatement of Lapsed/Expired License

Current through Register 1525, July 5, 2024
(1) A license which has lapsed/expired may be reinstated upon fulfilling the following conditions:
(a) payment of past due license fee, a late fee and the current license fee;
(b) presentation of evidence satisfactory to the Board of having completed all required continuing education credits;
(c) acknowledgement of practice during the period the license was expired; and
(d) completion of any other Board requirements.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 2.00 - General Provisions › Section 2.06 - Requirement to Cooperate with the Board

Current through Register 1525, July 5, 2024
(1) A licensee shall respond within 30 days to a written communication from the Board or its designee and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about the licensee's professional conduct. The 30-day period commences on the date the Board sends the communication to the licensee's last known address.
(2) A licensee shall cooperate with any reasonable request from a Division agent or employee acting on behalf of the Board.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 3.00 - Occupational therapists › Section 3.01 - Definitions

Current through Register 1525, July 5, 2024
AOTA
. American Occupational Therapy Association.
Approved/Accredited Educational Program
. An occupational therapy educational program currently accredited by AOTA's Accreditation Council for Occupational Therapy Education.
Assessment
. An assessment is a standardized or non-standardized tool or instrument used in the evaluation process.
Client
. A client is the entity receiving occupational therapy services. Clients may include:
(a) individuals and other persons relevant to an individual's life, including family, caregivers, teachers, employers, and others who also may help or be served indirectly;
(b) organizations such as businesses, industries or agencies; and
(c) populations within a community.
Evaluation
. The process of obtaining and interpreting data necessary for an intervention, including planning for and documenting the evaluation process and results.
Examination
. The examination currently administered by the NBCOT.
Intervention Plan
. An outline of selected approaches and types of interventions, based on the results of the evaluation process and developed to reach the client's identified targeted outcomes.
NBCOT
. National Board for Certification in Occupational Therapy, Inc. is the national, non-governmental credentialing agency certifying qualified persons as occupational therapists and occupational therapy assistants.
Occupational Therapy Aide
. An occupational therapy aide is an individual who provides supportive services to the occupational therapist and the occupational therapy assistant. Occupational therapy aides do not provide skilled occupational therapy services. An occupational therapy aide is trained by an occupational therapist or occupational therapy assistant to perform specifically delegated tasks. The occupational therapist is responsible for the overall use and actions of the occupational therapy aide. An occupational therapy aide must first demonstrate competency to be able to perform any assigned, delegated client or non-client tasks.
Occupational Therapy Service Delivery Process
. The process of evaluation, intervention planning, intervention implementation, intervention review, and outcome evaluation for a client.
Screening
. An initial brief assessment to determine the need for occupational therapy evaluation and intervention, consisting of record review, observation, and consultation.
Service Competency
. Demonstration of specific knowledge and skills to permit safe and competent delivery of occupational therapy services.
Standards of Practice and Code of Ethics
. The Standards of Practice for Occupational Therapy and Occupational Therapy Code of Ethics published by the AOTA, as the same may be amended and republished.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 3.00 - Occupational therapists › Section 3.03 - Documentation

Current through Register 1525, July 5, 2024
Timely and accurate documentation is necessary whenever occupational therapy services are provided, regardless of payer source. The Client's record must be signed with the provider's name, professional designation, and license number.
(1) The occupational therapist's primary role in documentation is to ensure that documentation is completed timely, following formats and standards established by the practice setting, agencies, external accreditation programs, state and federal law, and other regulators and payers. The occupational therapist's primary role is to document the following, with input from the occupational therapy assistant, as applicable:
(a) Screenings;
(b) Evaluations;
(c) Initial goals and any modifications in goals, as needed;
(d) Initial Intervention Plans and any modifications;
(e) Patient progress notes;
(f) Formal reviews of the initial Intervention Plan (or reevaluations); and
(g) Discharge Evaluations or summaries.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 3.00 - Occupational therapists › Section 3.04 - Co-signing of Documentation

Current through Register 1525, July 5, 2024
(1) The supervising occupational therapist must co-sign the documentation of occupational therapy students and those holding temporary licenses as occupational therapists.
(2) The supervising occupational therapist or occupational therapy assistant must co-sign the documentation of occupational therapy assistant students and those holding temporary licenses as occupational therapy assistants.
(3) Occupational therapy assistants are not required to have their documentation co-signed.
(4) The supervising occupational therapist or occupational therapy assistant must co-sign the documentation of Occupational Therapy Aides.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 3.00 - Occupational therapists › Section 3.05 - Supervision of Personnel

Current through Register 1525, July 5, 2024
Various types and methods of supervision should be used. These may include direct, face-to-face contact and indirect contact. Examples of supervision involving direct, fact-to-face contact include: observation, modeling, co-intervention, discussions, teaching, and instruction. Examples of supervision involving indirect contact include: telephone conversations, written correspondence, and electronic exchanges.
(1) Primary responsibility for occupational therapy services rendered by supportive personnel rests with the supervising occupational therapist.
(2) Occupational therapists and occupational therapy assistants must exercise their professional judgment when determining the number of personnel they can safely and effectively supervise to ensure that safe and appropriate care is provided at all times.
(a) Specific frequency, methods, and content of supervision should be determined based on the following factors:
1. Complexity of Clients' needs;
2. Number of Clients;
3. Diversity of Client conditions;
4. Service Competency of the occupational therapist and the occupational therapy assistant;
5. Type of practice setting and the administrative requirements of that setting; and
6. Other regulatory requirements.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 3.00 - Occupational therapists › Section 3.06 - Designations

Current through Register 1525, July 5, 2024
(1) Occupational therapists shall use the initials OT after their name.
(2) Students enrolled in an accredited program in occupational therapy shall use the initials OT/s after their name.
(3) Occupational therapy assistants shall use the initials OTA after their name.
(4) Students enrolled in an accredited program in occupational therapy assistants shall use the initials OTA/s after their name.
(5) Occupational therapist or occupational therapy assistant applicants, practicing under the direction of a licensee pursuant to M.G.L. c. 112, § 23C, shall use the initials OT/c or OTA/c immediately after their name.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 3.00 - Occupational therapists › Section 3.07 - Professional Conduct and Grounds for Disciplinary Action

Current through Register 1525, July 5, 2024
(1) Occupational therapists, occupational therapy assistants, occupational therapy students, and occupational therapy assistant students shall:
(a) Comply with federal and state and local laws and Board regulations.
(b) Comply with the Standards of Practice and Code of Ethics.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 4.00 - Athletic trainers › Section 4.02 - Standards of Practice

Current through Register 1525, July 5, 2024
(1) The athletic trainer shall at
			 all times practice in accordance with, and be held accountable to the
			 National Athletic Trainers Association Code of Ethics and BOC
			 Standards of Professional Practice, each in their most recently
			 approved form.
(2) An
			 athletic trainer renders service or treatment under the Direction of
			 a Physician or Dentist with respect to the Athletes involved with the
			 schools, teams or organizations with whom the Athletic Trainer is
			 Associated as defined in M. G. L. c. 112, § 23A. The physical
			 presence of a Directing Physician is not required.
(3) An athletic trainer must
			 establish an agreed upon relationship with a Physician or Dentist
			 that provides Direction for the Athletic Trainer's actions and
			 responsibilities and must be able to provide written proof thereof
			 upon request.
(4)
			 Athletic trainers identify themselves appropriately to the Athlete or
			 other individuals with whom they are working.
(5) The athletic trainer shall
			 maintain accurate, legible records of the Direction, evaluation and
			 treatment of Athletic Injuries at the time the Athlete is under the
			 care of the athletic trainer, consistent with BOC Standards of
			 Professional Practice. The athletic trainer, at the time of
			 discontinuation of care, shall document the Athlete's status and
			 ability to return to participation with or without appropriate
			 restrictions.
(6) The
			 athletic trainer shall maintain and retain appropriate documentation,
			 records and correspondence, whether sent or received, from the
			 Athlete and other responsible parties including, but not limited to,
			 parents or guardians of a minor Athlete, coaches, administrators,
			 Physicians, Dentists, or other licensed medical personnel involved in
			 the care of the injured Athlete.
(7) Athletic trainers shall utilize
			 the designation "AT" after their name and/or signature in all
			 professional communications, correspondence or documentation related
			 to the practice of athletic training.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 4.00 - Athletic trainers › Section 4.03 - Licensure of Athletic Trainers

Current through Register 1525, July 5, 2024
(1)
License
			 Application
. The following apply to all applications for
			 licensure:
(a) for the purposes of
			 259 CMR
			 2.02(2)(a)1.e.,
			 applicants for athletic trainer licensure must provide documentation
			 of current BOC Certification;
(b) for the purposes of
			 259 CMR
			 2.02(2)(a)1.a.,
			 the approved/accredited educational program requires proof of either:
1. graduation from an Approved and
			 Accredited Educational Program;
2. graduation from a foreign
			 program determined by the BOC to meet CAATE Equivalency or;
3. graduation from another
			 substantially equivalent program of study deemed acceptable by the
			 Board.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 4.00 - Athletic trainers › Section 4.04 - Misrepresentation/Unlicensed Practice

Current through Register 1525, July 5, 2024
No person may hold themselves out as an Athletic Trainer or as
				being able to practice Athletic Training or able to render athletic training
				services unless such person has been duly licensed by the Board. No person may
				use in connection with their name or place of business the letters "A.T.",
				"A.T.C.", "L.A.T.", "L.A.T.C", "Athletic Therapist", "Athletic Trainer",
				"Licensed Athletic Trainer", or "Licensed Athletic Therapist" when such person
				has not been duly licensed by the Board, or any other words, letters,
				abbreviations or insignia indicating that they are an Athletic Trainer when
				such person has not been duly licensed by the Board.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 4.00 - Athletic trainers › Section 4.05 - Athletic Training Students

Current through Register 1525, July 5, 2024
(1) Students as
			 defined in
			 259
			 CMR 2.01:
Definitions
must
			 be supervised by a person who holds a current unrestricted license issued by
			 the Board authorizing such person to practice Athletic Training.
(2) The supervising Athletic trainer must be
			 physically present and have the ability to intervene to provide ongoing and
			 consistent education to the athletic training student at the site of the
			 clinical experience. For the purposes of
			 259
			 CMR 4.05, "site" means within the same
			 facility or area and within close enough proximity to intervene on behalf of
			 the student or respond to an emergency.
(3) The supervising Athletic Trainer must
			 co-sign the documentation of athletic training students for all entries in an
			 athlete's record regarding their status. Documentation written by an athletic
			 training student must be followed by the designation AT/s.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 5.00 - Physical Therapists › Section 5.02 - Patient Care Management

Current through Register 1525, July 5, 2024
(1)
Responsibilities of Physical Therapists
.
(a) For each patient on each date of service, a physical therapist shall provide:
1. All of the therapeutic intervention that requires the expertise of a physical therapist and shall determine the appropriate utilization of physical therapist assistants or Physical Therapy Aides that provide for the delivery of care that is safe, effective and efficient. Documentation in the patient record of any considerations, treatment and changes in patient care.
2. Primary responsibility for communication with the patient and sole responsibility for obtaining informed consent prior to initiating intervention.
3. Primary responsibility for physical therapy care rendered by the physical therapist assistant or supportive personnel rests with the Physical Therapist of Record or another physical therapist accessible and willing to assume the responsibility or direction of care for that patient and is documented as such.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 5.00 - Physical Therapists › Section 5.03 - Assessment and Documentation of Physical Therapy Treatment Program

Current through Register 1525, July 5, 2024
(1) A physical therapist shall document, date, and authenticate the patient's clinical examination, evaluation, diagnosis, prognosis, progress, and any clinical assessment of the patient's condition which results in an alteration in the patient's Plan of Care.
(2) This documentation shall be contained in the patient's ongoing treatment notes or in a formal review of the Plan of Care (or reevaluation). If by formal review of the Plan of Care (or reevaluation), it must be completed in the particular work setting by a Physical Therapist of Record within the following timeframes:
(a) Acute care: at least every seven to ten days.
(b) Outpatient, rehabilitation, home health, skilled nursing facility: at least every 30 days.
(c) Long term chronic care facility and educational school setting: at least every 90 days.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 5.00 - Physical Therapists › Section 5.04 - Designations

Current through Register 1525, July 5, 2024
(1) Physical therapists shall use the initials PT immediately after their name.
(2) Physical Therapy Students shall use the initials PT/s immediately after their name.
(3) Physical therapist assistants shall use the initials PTA immediately after their name.
(4) Physical Therapy Assistant Students shall use the initials PTA/s immediately after their name.
(5) Physical therapist or physical therapist assistant applicants practicing under the direction of a licensee pursuant to M.G.L. c. 112, § 23C shall use the initials PT/c or PTA/c immediately after their name.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 5.00 - Physical Therapists › Section 5.05 - Code of Ethics, Guide for Professional Conduct and Standards of Practice for Physical Therapy

Current through Register 1525, July 5, 2024
(1) The following documents in their most recently approved form are adopted as the ethical standards of practice.
(a)
Code of Ethics for the Physical Therapist
. The American Physical Therapy Association (APTA) Code of Ethics delineates the ethical obligations of all physical therapists.
(b)
Standards of Ethical Conduct for the Physical Therapist Assistant
. The APTA Standards of Ethical Conduct delineate the ethical obligations of all physical therapist assistants.
(c)
Guide for Professional Conduct
. The APTA Guide for Professional Conduct provides a framework by which physical therapists may determine the propriety of their conduct and is intended to guide the professional development of Physical Therapy Students.
(d)
Guide for Conduct of the Physical Therapist Assistant
. The APTA Guide for Conduct of the Physical Therapist Assistant provides a framework by which physical therapist assistants may determine the propriety of their conduct and is intended to guide the professional development of Physical Therapy Assistant Students.
(e)
Standards of Practice for Physical Therapy and Criteria for Standards of Practice for Physical Therapy
. The APTA Standards for Practice and Criteria for Standards of Practice provide a foundation for assessment of physical therapist practice.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 6.00 - Physical Therapy Facilities › Section 6.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
259 CMR 6.00 establishes the standards for applying for and operating a licensed Physical Therapy Facility pursuant to M.G.L. c. 112 § 23M1/2. The purpose of 259 CMR 6.00 is to prevent insurance fraud and protect the health, safety, and welfare of the public by promoting minimum standards for Physical Therapy Facilities throughout the Commonwealth.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 6.00 - Physical Therapy Facilities › Section 6.02 - Facility Standards

Current through Register 1525, July 5, 2024
(1) Delivery of Physical Therapy. Physical Therapy may only be delivered at a place, office, clinic, or establishment holding a current, valid Physical Therapy Facility license issued by the Board or in practices or facilities that are exempted under 259 CMR 6.02(3).
(2) License Required. Each Physical Therapy Facility within the Commonwealth shall be licensed by the Board before providing Physical Therapy and shall annually renew its license using an application provided by the Board.
The Board will consider the following in determining whether two or more places, offices, clinics or establishments (establishments) delivering Physical Therapy Treatment at the same address constitute one or more Physical Therapy Facilities:
1. The business structure of each establishment, including but not limited to overlap in areas of financing, management, or ownership;
2. The resources shared by the establishments, including but not limited to office space, staff, record storage and maintenance facilities; and
3. The overall impression created by advertising, signage, stationery, and office layouts.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 6.00 - Physical Therapy Facilities › Section 6.03 - Duties of the PT Compliance Officer

Current through Register 1525, July 5, 2024
(1) The PT Compliance Officer must be of good moral character.
(2) The PT Compliance Officer is responsible for the Physical Therapy Facility's compliance with the laws of the Commonwealth and 259 CMR 1.00 through 6.00.
(3) The PT Compliance Officer shall cooperate with inspections or investigations conducted by the Board or its agents.
(4) Upon the request of the Board or its agents, the PT Compliance Officer shall provide immediate access to and, if requested, copies of Patient and Business Records.
(5) The PT Compliance Officer must notify the Board within five business days of ceasing to serve as a PT Compliance Officer for any Physical Therapy Facility.
(6) The PT Compliance Officer must notify the Board of any known disciplinary actions or criminal convictions against any person having more than ten percent ownership interest, company officers, principals, employees, the PT Compliance Officer, or any person that renders healthcare services through the Physical Therapy Facility. Such notice must be made to the Board within five business days of such conviction or disciplinary action, or if relevant to a new hire, within five business days of start date.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 6.00 - Physical Therapy Facilities › Section 6.04 - Application

Current through Register 1525, July 5, 2024
(1) Application for a Physical Therapy Facility License may be made by a sole proprietorship, partnership, corporation, limited liability company, or limited liability partnership.
(2) An applicant for a Physical Therapy Facility License shall:
(a) submit to the Board an application as prescribed by the Board;
(b) pay the required nonrefundable fees; and
(c) arrange for the premises to be inspected and approved by the Board.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 6.00 - Physical Therapy Facilities › Section 6.05 - Renewal/Reinstatement

Current through Register 1525, July 5, 2024
(1) A Physical Therapy Facility shall renew its license annually on or before the anniversary of the date of issue by submitting:
(a) a Physical Therapy Facility renewal form as prescribed by the Board;
(b) complete information as required on the form, including changes in information since the original application or last renewal; and
(c) the nonrefundable renewal fee.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 6.00 - Physical Therapy Facilities › Section 6.06 - Inspections

Current through Register 1525, July 5, 2024
The Board or its agent may inspect any Physical Therapy Facility at any time during regular business hours, and without prior notice, for the purpose of verifying that the Physical Therapy Facility, and its agents or employees are in compliance with all applicable requirements of M.G.L.c.112 §§ 61 through 65, M.G.L.c.112 §§ 23A through 23Q, and 259 CMR 6.00, and all other applicable federal, state and local laws or regulations.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 6.00 - Physical Therapy Facilities › Section 6.07 - Grounds for Disciplinary Action

Current through Register 1525, July 5, 2024
(1) The Board may, through the processes set out in M.G.L. c. 30A, M.G.L. c. 112 §§ 61 through 65, and 801 CMR 1.00 et seq., take disciplinary action against any Physical Therapy Facility. Grounds for disciplinary action shall include, but shall not be limited to:
(a) Violation of any provision of 259 CMR 6.00 et seq.;
(b) Unlicensed practice at the Physical Therapy Facility or arranged through the Physical Therapy Facility. Unlicensed practice includes practice by an individual who:
1. Has never held a license to render care within the discipline in which he or she is acting;
2. Has let his or her license to practice lapse, Expire, or become inactive;
3. Has had her or his license to practice suspended or revoked; or
4. Has voluntarily surrendered his or her license.
(c) Where a person having more than ten percent ownership interest, company officer, principal, PT Compliance Officer, or any employee of the Physical Therapy Facility:
1. Violates or permits the violation of any of the Grounds for Disciplinary Action under 259 CMR;
2. Interferes with or obstructs the Board or its agent in the performance of the Board's duties;
3. Is sanctioned for violations of state or federal laws regarding insurance fraud; or
4. Solicits, facilitates, or otherwise permits illicit behavior.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 7.00 - Continuing Competence › Section 7.02 - Verification/Approval of Registrant's Continuing Competence Activities

Current through Register 1525, July 5, 2024
(1) At the time of license renewal, each physical therapy and occupational therapy professional is required to submit to the Board a signed statement on a form provided by the Board attesting under the pains and penalty of perjury to satisfaction of the continuing competence requirements.
(2) For each continuing competence point earned by participation in a continuing competence program or academic coursework, a physical therapy or occupational therapy professional must be able to provide documentation of the following:
(a) the title of the program or course, course outline/objectives and faculty with qualifications;
(b) the number of hours spent in the program or course;
(c) the date(s) and location that the program or course was given; and
(d) the name of the Board-recognized entity that reviewed and approved the program or course. Board recognized entities include, but are not limited to, APTA, FSBPT, AOTA and such other entities identified in 259 CMR 7.03(2).
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 7.00 - Continuing Competence › Section 7.03 - Verification/Approval of Provider Continuing Competence Programs and Activities

Current through Register 1525, July 5, 2024
(1) For a program or activity to be eligible for approval for continuing competence points, the program or activity content shall directly relate to the practice of occupational therapy or physical therapy in the Commonwealth and the educational objectives shall exceed a basic level of knowledge as it relates to physical therapy or occupational therapy professional practice.
(2) Programs or activities meeting the requirements of 259 CMR 7.03(1) and endorsed or sponsored by the following organizations shall be deemed approved for continuing competence points:
(a) The activity or program is presented or conducted by a graduate or undergraduate physical therapy or occupational therapy school, program or department accredited by the Accreditation Council for Occupational Therapy Education or the Commission on Accreditation in Physical Therapy Education;
(b) The activity or program has been reviewed and approved for continuing competence credit by the Federation of State Boards of Physical Therapy, the American Physical Therapy Association, the American Occupational Therapy Association, Inc., the Board of Certification, Inc., or a state, regional or professional society or association in the field of physical or occupational therapy;
(c) The activity or program has been approved for continuing competence credit by a governmental agency in any other state, province, territory or political subdivision of the United States or Canada which is responsible for the licensure, certification or registration of physical therapists or occupational therapists; or
(d) The activity or program has been reviewed and approved by a local, state or federal governmental health agency, health institution or an accredited community or teaching hospital.
The Board may approve other organizations sponsoring or endorsing continuing competence programs or activities by way of policy published on the Board's website.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 7.00 - Continuing Competence › Section 7.04 - Waivers of Continuing Competence Requirements

Current through Register 1525, July 5, 2024
(1) The Board may waive the continuing competence requirement for any physical therapy or occupational therapy professional who, for reasons of health, disability, out of state military service, or undue hardship, cannot meet the requirements.
(2) An application for a waiver, containing all supporting documentation, shall be submitted to the Board on a form provided by the Board at least 45 days before the end of the licensee's renewal cycle.
(3) Waivers of continuing competence requirements shall be effective for no more than one renewal period.
(4) After expiration of a waiver, a physical therapy or occupational therapy professional may apply for a waiver for up to an additional renewal period.
(5) If a temporary waiver is granted, the physical therapy or occupational therapy professional shall comply with all continuing competence requirements for all subsequent renewal periods, after such time that the waiver expires unless a subsequent waiver is granted.
Code of Massachusetts Regulations › 259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS › Title 259 CMR 7.00 - Continuing Competence › Section 7.05 - Appeals on Continuing Competence Matters

Current through Register 1525, July 5, 2024
Any individual who wishes to appeal the decision of the Board regarding continuing competence matters must submit a letter of appeal to the Board within 21 days of the receipt of the Board's decision. The person making the appeal must supply the Board with any requested additional data and may be asked to appear before the Board. The Board reserves the right, upon request of a physical therapy or occupational therapy professional, to allow the physical therapy or occupational therapy professional to practice physical therapy or occupational therapy during the Board's appeals process.
Code of Massachusetts Regulations › 260 CMR - BOARD OF REGISTRATION IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Title 260 CMR 1.00 - Standards, Complaint and Grievance Procedure › Section 1.02 - Misrepresentation and Unlicensed Practice

Current through Register 1525, July 5, 2024
(1) No person may represent oneself or one's services by using the words audiologist, Audiology assistant, audiometric technician, or Audiology or any similar titles or descriptions unless one has been duly licensed as an Audiologist or an Audiology Assistant. Use of such terms must properly reflect the Licensee's scope of practice as set out in regulatory definitions in 260 CMR 1.01 or scope of practice as defined in 260 CMR 10.03:
Code of Ethics
.
(2) No person may represent oneself, or one's services by using the words Speech-language Pathologist, speech-language pathology assistant, speech pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, aphasiologist, voice pathologist, voice therapist, language therapist, logopedist, communication disorders, or any similar titles or descriptions unless one has been duly licensed as a Speech-language Pathologist or as a Speech-language Pathology Assistant. Use of such terms must properly reflect the Licensee's scope of practice as set out in regulatory definitions in 260 CMR 1.01 or scope of practice as defined in 260 CMR 10.03:
Code of Ethics
.
(3) No person shall engage in the practice of Audiology unless he or she is duly licensed by the Board.
(4) No person shall engage in the practice of Speech-language Pathology unless he or she is duly licensed by the Board.
(5) The student who has not completed his or her professional preparation must not provide Speech-language Pathology or Audiology services except in a supervised clinical practicum situation as part of his or her training. The student must not accept remuneration for services. The receipt of stipends for undergraduate or graduate study shall not be construed to violate 260 CMR 1.02(5).
Code of Massachusetts Regulations › 260 CMR - BOARD OF REGISTRATION IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Title 260 CMR 1.00 - Standards, Complaint and Grievance Procedure › Section 1.04 - Requirement to Respond to the Board

Current through Register 1525, July 5, 2024
(1) A licensee shall respond within 30 days to a written communication from the Board or its designee and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about the licensee's professional conduct.
(2) A licensee shall cooperate with any reasonable request from a Division agent or employee acting on behalf of the Board.
Code of Massachusetts Regulations › 260 CMR - BOARD OF REGISTRATION IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Title 260 CMR 1.00 - Standards, Complaint and Grievance Procedure › Section 1.05 - Adjudicatory Hearing

Current through Register 1525, July 5, 2024
Whenever the Board determines that a complaint warrants an adjudicatory hearing, all adjudicatory proceedings before the Board are governed by M.G.L. c. 30A, M.G.L. c. 112, § 62, and 801 CMR 1.00:
Standard Adjudicatory Rules of Practice and Procedure
as promulgated by the Executive Office of Administration and Finance.
Code of Massachusetts Regulations › 260 CMR - BOARD OF REGISTRATION IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Title 260 CMR 1.00 - Standards, Complaint and Grievance Procedure › Section 1.06 - Disposition and Sanctions

Current through Register 1525, July 5, 2024
The Board may, by a majority vote and upon determination made after a hearing pursuant to M.G.L. c. 30A, find that a licensee has violated the provisions of M.G.L. c. 112, §§ 138 through 147 or M.G.L. c. 112, § 61, 260 CMR, and impose sanctions, fines and penalties as set out in M.G.L. c.112, § 138 through 147, and M.G.L. c. 112, §§ 61 through 65F.