Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 2.00 - Definitions and Individual Registration Requirements › Section 2.01 - Definitions

Current through Register 1525, July 5, 2024
For purposes of 233 CMR, the following terms shall have the following meanings:
Board
means the Massachusetts Board of Registration of Chiropractors.
Business Records
means any materials other than Patient Records kept in the ordinary course of a Chiropractic business.
Certificate of Registration
means a certificate issued by the Board to an individual who has met the requirements for registration as a chiropractor, as set forth in M.G.L. c. 112, §§ 89 through 97 and 233 CMR 2.00, authorizing that individual to engage in the practice of Chiropractic in the Commonwealth of Massachusetts.
Chiropractic
means "chiropractic", as defined in M.G.L. c. 112, § 89.
Chiropractic Facility
means a place, office, clinic or establishment in which Chiropractic Treatment is provided or in which Business Records or Patient Records related to Chiropractic Treatment are used or stored which has been licensed by the Board pursuant to M.G.L. c. 112, § 89.
Chiropractor, D.C., Doctor of Chiropractic
or
Chiropractic Physician
means a person who lawfully practices Chiropractic pursuant to a license issued by the Board under M.G.L. c. 112, §§ 89 through 97 and 233 CMR 2.00.
Chiropractor of Record
means the Chiropractor who has been designated by a Chiropractic Facility as the Chiropractor responsible for the operation of the Chiropractic Facility in compliance with the laws of the Commonwealth and 233 CMR.
Chiropractic Treatment
means providing Chiropractic care directly to patients or reviewing and evaluating care provided by other Chiropractors.
Compliance Plan
is a documented set of standards, procedures, and policies that addresses the administrative and clinical protocols of a Chiropractic Facility or of a Solo Practice.
Council on Chiropractic Education or C.C.E.
means the Council on Chiropractic Education, or any successor agency which is recognized by the United States Department of Education as the accrediting body for Chiropractic colleges and schools.
Employee Record
is a list of all individuals employed by a Chiropractic Facility, including the following information for each employee: name, address, social security number, date of birth, job title, and dates of employment at the Chiropractic Facility. For the purposes of 233 CMR 5.00:
Chiropractic Facilities
, an Employee Record is considered a Business Record.
Expired
means the date of validity has passed. A lapsed or inactive license is also expired.
Individual Registration Renewal Certificate
means a certificate issued annually by the Board to a registered Chiropractor upon payment of the license fee as provided in M.G.L. c. 112, § 96 and upon presentation of evidence satisfactory to the Board that he or she has completed the prescribed educational requirements for renewal.
Limited Liability Company
means any "limited liability company" or "foreign limited liability company" as defined by M.G.L. c. 156C, § 2.
Limited Liability Partnership
means any "registered limited liability partnership" or "foreign registered limited liability partnership", as defined in M.G.L. c. 108A, § 1.
NBCE
means the National Board of Chiropractic Examiners.
Operator
means the person who oversees the day to day operations of a Chiropractic business. The Operator may also be the Chiropractor of Record, but is not required to be the Chiropractor of Record.
Patient Record
means all recorded information regarding a patient's clinical history, examination findings, diagnosis, treatment, and consent as outlined in 233 CMR 4.05(1), including billing records associated with and documenting patient care.
Peer Review
means an evaluation by a Massachusetts licensed chiropractor other than the attending chiropractor, at the request of a third party, for the purpose of assessing necessity, appropriateness, quality, utilization or efficiency of chiropractic services and ethical performance of chiropractic care. Peer review includes the performance of independent chiropractic record reviews and independent chiropractic examinations.
Primary Chiropractic Procedure
means a chiropractic adjustment or manipulation, done either by hand or by instrumentation, which is applied directly to the body for the purpose of maintaining or improving health.
Regulation
means the whole or any part of every rule, regulation, standard or other requirement of general application adopted by the Board to implement or interpret M.G.L. c. 112, § 89 through 97. The term
Regulation
, however, shall not include, without limitation, the following:
(a) advisory rulings;
(b) rules relating to the internal management of the Board and not directly related to the rights or procedures available to the public; and
(c) decisions rendered by the Board in adjudicatory proceedings.
The term R
egulation
also shall not include, without limitation, advisory, policy or informational guidelines or pronouncements which are intended to clarify any ambiguities in the application of 233 CMR, or to educate members of the Chiropractic profession and/or the general public. Such advisory, policy or informational guidelines or pronouncements shall not in and of themselves have the force and effect of law.
Solo Practice
means a place, office, clinic or establishment in which Chiropractic Treatment is provided or in which Business Records or Patient Records related to Chiropractic Treatment are used or stored and which meets all of the following requirements:
(a) Only one licensed chiropractor holds an ownership interest in the business organization or entity that operates the place, office, clinic or establishment;
(b) The licensed chiropractor holds a 51% controlling ownership interest in the business organization or entity that operates the place, office, clinic or establishment;
(c) The licensed chiropractor directs and controls the operation of the business, has access to and control over all Business and Patient Records, and no other individual or entity has the right or ability to direct or control the business as set forth in 233 CMR 5.02(3):
Exceptions
;
(d) No other chiropractor is employed by, or provides chiropractic treatment on behalf of the business organization; and
(e) The licensed chiropractor does not share any of the following with another chiropractor: patients, file storage or access to patient records, revenue, advertising, signage, stationery, or phone number.
However the chiropractor who owns the chiropractic practice may contract with or otherwise employ one or more other chiropractors to provide substitute Chiropractic Treatment in the chiropractic owner's absence provided that the cumulative substitute coverage provided within a given registration period does not exceed 25 business days; or 60 business days in the cases of a documented disability of the chiropractor owner; or 90 business days for a documented maternity or paternity leave of the chiropractor owner. If the chiropractor owner needs additional coverage within any given registration period then provided in 233 CMR 2.01:
Solo Practice
, he or she must receive written pre-approval from the Board.
Supportive Procedures and Therapies
means those modes of care, as defined and set forth in 233 CMR 4.02:
Definition and Use of Supportive Procedures and Therapies
, which may be administered, dispensed or prescribed in addition to the primary Chiropractic procedure, including the use of braces, casting, supports, traction, thermal modalities, ultrasound, electrical modalities, hydrotherapy, myotherapy, dietary and nutritional advice, and rehabilitative exercise therapy, for the purpose of assisting a patient to achieve a timely and favorable clinical outcome.