reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 6.00 - Disciplinary Action › Section 6.03 - General Provisions

Current through Register 1525, July 5, 2024
(1) The Board may, by majority vote after a hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00:
Standard Adjudicatory Rules of Practice and Procedure
take disciplinary action against any individual who holds a license issued by the Board. Grounds for such disciplinary action shall include, but shall not be limited to:
(a) engaging in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of material facts, the provision of false or forged evidence, or bribery in connection with any application for any license which may be issued by the Board or in connection with any application for reinstatement of a license issued by the Board;
(b) violation of any provision of 262 CMR or any provision of M.G.L. c. 112, §§ 61 through 65A or 163 through 172A;
(c) engaging in practice which is fraudulent or beyond the authorized scope of practice for the license issued by the Board;
(d) incompetence, negligence, or malpractice, where such incompetence, negligence, or malpractice results in injury to a client or creates an unreasonable risk that a client may be harmed;
(e) permitting, aiding or abetting an unlicensed person to perform activities requiring a license;
(f) continuing to practice while the Licensee's license is lapsed, suspended, or revoked;
(g) suspension, revocation, or restriction of the Licensee's license to practice any other licensed profession by a competent authority in any state, federal, or foreign jurisdiction;
(h) failure to cooperate with the Board in any investigation of the Board or its agent or otherwise interfering with the actions of the Board or its agent in such an investigation, whether or not the Licensee is the subject of the investigation;
(i) failure to comply with an order issued by the Board or a consent agreement entered into with Board;
(j) misrepresentation or fraud in any aspect of the conduct of the business or practice of the Licensee's profession;
(k) advertising that is fraudulent, false, deceptive or misleading;
(l) failure to comply with the continuing education requirements under 262 CMR 7.00:
Continuing Education
.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 7.00 - Continuing Education › Section 7.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
The purpose of continuing education is to maintain high standards for the practice of mental health counseling, marriage and family therapy, rehabilitation counseling, educational psychology, and applied behavior analysis by requiring licensees to participate in on-going educational activities. Through these activities, licensees increase their competence and enhance their knowledge.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 7.00 - Continuing Education › Section 7.02 - Definitions

Current through Register 1525, July 5, 2024
Board
. The Board of Registration of Allied Mental Health and Human Services Professions established under M.G.L. c. 13, § 88.
Board-recognized Entities
. Entities that the Board has designated as appropriate to approve sponsors of continuing education activities. Entities may define continuing education content areas appropriate for the specific license. Designated entities may define procedures for the sponsors to follow in the delivery of continuing education activities.
Contact Hour
. The unit of measurement for an organized learning experience lasting 50 consecutive minutes.
Entity-approved Sponsors
. Continuing education providers that have been approved by Board-Recognized Entities to sponsor continuing education activities. Sponsors may include, but are not limited to, colleges and universities, professional institutes, other workshop providers, and other professional training organizations.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 7.00 - Continuing Education › Section 7.03 - Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) All licensees are required, as a condition of license renewal, to complete a minimum of 30 Contact Hours of continuing education activities per licensure/renewal period (every two years). These Contact Hours must be obtained from Board-recognized Entities.
(2) Pursuant to M.G.L. c. 112, § 264, applicants and licensees shall participate in domestic violence and sexual violence training as a condition for licensure, renewal, revival or reinstatement of licensure.
(a) The Board, in consultation with the Department of Public Health, will identify programs or courses of study that meet the standards required by this provision and provide its licensees with a list of such programs or courses.
(b) An applicant for renewal, revival or reinstatement of licensure, who has previously completed a program or course approved by the Board shall not be required to participate in a subsequent program or course of domestic violence and sexual violence training except where the Board, in its discretion, requires completion of such a program or course as a condition of renewal, revival, or reinstatement of licensure.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 7.00 - Continuing Education › Section 7.04 - Verification of Continuing Education Activities

Current through Register 1525, July 5, 2024
(1) Effective for each licensure/renewal period commencing January 1996, each licensee will be required to submit a statement on the license renewal form provided by the Board attesting to satisfaction of the continuing education requirements of 262 CMR 7.00.
(2) For each contact hour earned by participation in continuing education activities offered by Entity-approved Sponsors, the licensee must provide documentation of the following information upon request of the Board:
(a) the title of the program;
(b) the number of program hours completed;
(c) the name of the Entity-approved Sponsors of the program;
(d) the name of the Board-recognized Entities approving the programs;
(e) the date of the program; and
(f) official verification of attendance at such program.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 8.00 - Ethical Codes And Standards Of Conduct › Section 8.01 - Ethical Codes

Current through Register 1525, July 5, 2024
The Board of Allied Mental Health and Human Services Professions adopts as its official guides the ethical codes and standards of conduct listed in 262 CMR 8.01(1) through (6), except as such codes deviate in any way from the provisions of 262 CMR or M.G.L. c. 112, §§ 163 through 172:
(1) For Licensed Mental Health Counselors:
(a)
American Counseling Association Code of Ethics
; and
(b)
American Mental Health Counselors Association Code of Ethics
;
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 8.00 - Ethical Codes And Standards Of Conduct › Section 8.03 - Standards of Conduct Applicable to Licensed Mental Health Counselors

Current through Register 1525, July 5, 2024
(1) Licensed Mental Health Counselor treatment records shall include, but not be limited to, at a minimum:
(a) a signed informed consent document;
(b) an intake summary;
(c) an assessment or diagnosis;
(d) a treatment plan;
(e) dates and progress notes for each treatment session;
(f) communications with collateral entities;
(g) communications with clients relating to treatment, including electronic communications; and
(h) a termination summary.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 8.00 - Ethical Codes And Standards Of Conduct › Section 8.04 - Standards of Conduct Applicable to Licensed Applied Behavior Analysts and Licensed Assistant Applied Behavior Analysts

Current through Register 1525, July 5, 2024
(1) Licensed applied behavior analysts and licensed assistant applied behavior analysts may engage only in evidence-based practice. For purposes of 262 CMR 8.04,
Evidence-based Practice
shall mean the integration of best peer-reviewed research evidence with clinical expertise and patient characteristics.
(2) Licensed applied behavior analysts and licensed assistant applied behavior analysts may provide behavioral diagnostic, therapeutic, teaching, research, supervisory, consultative, or other behavior analytic service delivery only in the context of a defined remunerated professional role. Provided, however, that 262 CMR 8.04 shall not prohibit the provision of
pro-bono
services when performed in the context of a defined professional role.
(3) Licensed applied behavior analysts and licensed assistant applied behavior analysts shall not abandon clients but may terminate a professional relationship when it becomes reasonably clear that the client no longer needs the service, is not benefiting, or is being harmed by continued service. Licensed applied behavior analysts and assistant applied behavior analysts may terminate a professional relationship with a client where a conflict arises which the licensee cannot resolve or where the client or responsible payer(s) fails to pay for services or determines services are no longer eligible for coverage.
(4) Prior to termination for whatever reason, except where precluded by the client's conduct or where the client or responsible payer(s) fails to pay for services or determines services are no longer eligible for coverage, licensed applied behavior analysts and licensed assistant applied behavior analysts shall provide clients with 30 days written notice of the termination, discuss the client's views and needs, provide appropriate pre-termination services, suggest alternative service providers as appropriate, or take other reasonable steps to facilitate transfer of responsibility to another provider if the client needs one immediately. Licensed applied behavior analysts and licensed assistant applied behavior analysts shall document all steps taken during termination.
(5)
Supervision Requirements
.
(a) Licensed assistant applied behavior analysts shall:
1. when engaged in the practice of applied behavior analysis, receive a minimum of one hour per month of individual face-to-face supervision in the treatment setting from a licensed applied behavior analyst, or a physician or psychologist approved by the Board in accordance with M.G.L. c. 112, § 163;
2. prior to providing treatment, obtain approval from a licensed applied behavior analyst, or a physician or psychologist approved by the Board in accordance with M.G.L. c. 112, § 163, for all treatment plans; and
3. on a form acceptable to the Board, maintain documentation of their supervision.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 9.00 - License Renewal Procedures › Section 9.01 - Procedures For Renewal of a Lapsed/Expired License

Current through Register 1525, July 5, 2024
(1) A license which has lapsed for one renewal cycle or less may be reinstated upon:
(a) payment of the back license fee, a late fee and the current license fee;
(b) presentation of evidence satisfactory to the Board of having completed all required continuing professional education credits, as provided in 262 CMR 7.00; and
(c) completion of any other Board requirements.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 10.00 - Requirements For Licensure As An Applied Behavior Analyst And Assistant Applied Behavior Analyst › Section 10.01 - Preface

Current through Register 1525, July 5, 2024
To qualify for licensure as an applied behavior analyst or assistant applied behavior analyst, pursuant to the requirements of M.G.L. c. 112, § 165, an applicant must provide evidence satisfactory to the Board that the education and experience requirements under 262 CMR 10.00 have been met by the applicant.
All licensed applied behavior analysts and licensed assistant applied behavior analysts are charged with having knowledge of 262 CMR and are required to practice applied behavior analysis in accordance with its provisions.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 10.00 - Requirements For Licensure As An Applied Behavior Analyst And Assistant Applied Behavior Analyst › Section 10.03 - Applied Behavior Analyst Application and Licensure

Current through Register 1525, July 5, 2024
(1)
Application
.
(a) Application for licensure must be made in the manner prescribed by the Board and/or on forms furnished by the Board.
(b) No application shall be reviewed by the Board unless said application is made on forms which are furnished by the Board, and unless said application is completely and properly filled out in the manner prescribed by the Board, signed under the penalties of perjury, and accompanied by the prescribed application fee and such other information that the Board may require.
Code of Massachusetts Regulations › 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS › Title 262 CMR 10.00 - Requirements For Licensure As An Applied Behavior Analyst And Assistant Applied Behavior Analyst › Section 10.04 - Assistant Applied Behavior Analyst Application and Licensure

Current through Register 1525, July 5, 2024
(1)
Application
.
(a) Application for licensure shall be made in the manner prescribed by the Board and/or on forms approved by the Board.
(b) No application shall be reviewed by the Board unless said application is made on forms which are approved by the Board, and unless said application is completely and properly filled out in the manner prescribed by the Board, signed under the penalties of perjury, and accompanied by the prescribed application fee and such other information that the Board may require.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 2.00 - Purpose, Authority And Definitions › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
263 CMR 2.00 governs the
				licensure and practice of Physician Assistants in Massachusetts by establishing
				the scope of practice and standards of conduct, the eligibility requirements
				and administrative procedures for the issuance of licenses to qualified
				applicants and the renewal of such licenses for all physician assistants
				licensed by the Board of Registration of Physician
				Assistants.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 2.00 - Purpose, Authority And Definitions › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
AMA
. American Medical
				Association.
ARC-PA
. Accreditation Review
				Commission on Education for the Physician Assistant
Approved Program
. A program for the
				education and training of physician assistants that has been accredited by
				ARC-PA, or such other accrediting agency as may qualify a graduate to sit for
				the NCCPA certifying examination and has been recognized by the Board.
Board
. The Massachusetts Board of
				Registration of Physician Assistants.
Collaborating Organizations
. The
				American Academy of Family Physicians, the American Academy of Pediatrics, the
				American College of Physicians, the American College of Surgeons, the American
				Academy of Physician Assistants, and the American Association of Physician
				Assistant Programs, and such other organizations as may be identified by the
				AMA as collaborating in the adoption of the
Essentials and Guidelines
				of an Accredited Educational Program for the Physician Assistant
or
				the
Essentials of an Accredited Educational Program for the Surgeon's
				Assistant
.
Health Care Facility
. A hospital, or
				clinic subject to licensing under M.G.L. c. 111, § 51; a long term care
				facility, including an infirmary maintained in a town, a convalescent or
				nursing home, a rest home, or a charitable home for the aged subject to
				licensing under M.G.L. c. 111, § 71; any public medical institution,
				including state hospitals and institutions for persons with developmental
				disabilities, and alcoholism detoxification facilities; any professional
				corporation organized under M.G.L. c. 156A to provide medical services; and any
				health maintenance organization legally operating in the Commonwealth.
License
. A license issued by the Board
				of Registration of Physician Assistants to an individual physician assistant,
				certifying that he or she has met the educational and examination requirements
				established by the Board and is duly qualified to practice as a physician
				assistant in the Commonwealth of Massachusetts.
MassHealth
. The Medical assistance
				program known as MassHealth administered by the Executive Office of Health and
				Human Services pursuant to M.G.L. c. 118E and Title XIX of the Social Security
				Act.
NCCPA
. National Commission on
				Certification of Physician Assistants.
Physician Assistant
. A person who
				meets the requirements for full or temporary licensure as set forth in M.G.L.
				c. 112, § 9I and
				263 CMR 3.00:
Licensure of Individual Physician Assistants
, and who may
				provide medical services appropriate to his or her training, experience and
				skills under the supervision of a physician licensed by the Massachusetts Board
				of Registration in Medicine.
Person
. An individual, corporation,
				society or partnership as defined in M.G.L. c. 4, § 7.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 2.00 - Purpose, Authority And Definitions › Section 2.03 - Advisory Rulings

Current through Register 1525, July 5, 2024
(1) Under the
			 provisions of M.G.L. c. 30A, § 8, the Board may, upon the request of any
			 interested person or government agency, make an advisory ruling with respect to
			 the applicability to any person or state of facts of any provision of
			 263 CMR 2.00 or the applicable
			 statutes under which
			 263 CMR 2.00 was
			 adopted.
(2) Any interested person
			 or government agency desiring an advisory ruling under 263 CMR 2.03(1) shall
			 direct his or her request in writing to the Board of Registration of Physician
			 Assistants. Each such request shall be entitled
Request for Advisory
			 Ruling
, and shall set forth, clearly and succinctly, the following:
			 name and address of the person making the request; his interest in the matter;
			 person and state of facts with respect to which ruling is requested; and the
			 statutory provision or the section of
			 263 CMR 2.00 involved. The
			 person or government agency making such request may also include therein his,
			 her or its views and opinions as to the proper ruling.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 2.00 - Purpose, Authority And Definitions › Section 2.04 - Severability

Current through Register 1525, July 5, 2024
The provisions of 263 CMR are severable. If any provision of
				263 CMR is declared unconstitutional or invalid by a court of competent
				jurisdiction, the validity of the remaining portions shall not be
				affected.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
263 CMR 3.00 governs the
				licensure of Physician Assistants in Massachusetts by establishing the
				eligibility requirements and administrative procedures for the issuance of
				licenses to qualified applicants and the renewal of such
				licenses.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.02 - Requirements for Full Licensure

Current through Register 1525, July 5, 2024
Any person who wishes to commence practice as a physician
				assistant shall apply for, and obtain, a certificate of registration as a
				physician assistant from the Board prior to commencing such practice.
(1) To qualify for a initial licensure as a
			 physician assistant, an applicant must:
(a) Be
			 18 years of age or older;
(b) Be of
			 good moral character;
(c) Possess a
			 baccalaureate degree or higher from an educational institution on the list of
			 accredited colleges of the United States Office of Education, or any like
			 institution approved by the Board;
(d) Have graduated from a physician assistant
			 training program that was an Approved Program on the date of
			 graduation;
(e) Have passed the
			 certifying examination of the NCCPA; and
(f) Have completed training required pursuant
			 to M.G.L. c. 94C, § 18(e).
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.03 - Full License Application

Current through Register 1525, July 5, 2024
(1) An application for a license as a
			 physician assistant shall be made on a form provided by the Board. The
			 application form shall be filled out completely and shall be accompanied by the
			 following:
(a) An authorization signed by the
			 applicant, which authorizes the NCCPA to release such information as the Board
			 may deem necessary to verify that the applicant has passed the NCCPA certifying
			 examination;
(b) An official
			 transcript, or other official documentation satisfactory to the Board,
			 verifying that the applicant has graduated from a physician assistant training
			 program that was an Approved Program on the date of graduation;
(c) An official transcript, or other official
			 documentation satisfactory to the Board, verifying that the applicant meets the
			 educational requirements specified in
			 263 CMR
			 3.02;
(d) Documentation satisfactory to the Board
			 demonstrating completion of training required pursuant to M.G.L. c. 94C, §
			 18(e);
(e) Any and all additional
			 documentation which may be requested in writing by the Board; and
(f) A valid form of payment made payable to
			 the Commonwealth of Massachusetts for the amount of any application and license
			 fees, as determined by the Executive Office of Administration and Finance
			 pursuant to M.G.L. c. 7, § 3B, unless waived in accordance with M.G.L. c.
			 112, § 1B.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.04 - Temporary License

Current through Register 1525, July 5, 2024
(1) Any
			 individual who graduates from an accredited educational institution, as defined
			 in
			 263 CMR
			 3.02, and who has completed a physician
			 assistant training program that was an Approved Program on the date of
			 graduation, but who has not yet passed the NCCPA certifying examination, may
			 obtain a temporary license if:
(a) He or she
			 graduated from an Approved Program not more than two years prior to the date of
			 his or her application for a temporary license;
(b) He or she submits proof satisfactory to
			 the Board that he or she meets all of the requirements for licensure as a
			 physician assistant set forth in
			 263 CMR
			 3.02 except for passage of the certifying
			 examination; and
(c) He or she
			 certifies in writing, under the pains and penalties of perjury, that he or she
			 will register for and take the next available NCCPA certifying
			 examination.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.05 - License Renewal

Current through Register 1525, July 5, 2024
(1) Each
			 physician assistant shall renew his or her license to practice on or before
			 March 1st of every odd-numbered calendar year. A
			 licensed physician assistant who fails to renew his or her license before the
			 expiration date shall not be authorized to practice until he or she renews his
			 or her license. Such licensee may be subject to disciplinary action by the
			 Board.
(2) An application for
			 license renewal shall be made on a form provided by the Board. The application
			 form shall be filled out completely and shall be accompanied by a valid form of
			 payment made payable to the Commonwealth of Massachusetts for the amount of any
			 application and license fees, as determined by the Executive Office of
			 Administration and Finance pursuant to M.G.L. c. 7, § 3B, unless waived in
			 accordance with M.G.L.c. 112 § 1B.
(3) A licensed physician assistant must
			 complete a minimum of 100 hours of continuing education (CE) for each license
			 renewal period. The continuing education must include:
(a) at least four hours on the topic of
			 pharmacology or pharmacokinetics;
(b) at least 40 hours in courses or programs
			 which meet the criteria for Category I courses or programs established by the
			 AMA or the American Academy of Physician Assistants (AAPA); and
(c) training required pursuant to M.G.L. c.
			 94C, § 18(e).
Each licensed physician assistant shall submit proof of CE to
				the Board upon request.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.06 - Lapse of License

Current through Register 1525, July 5, 2024
(1) If
			 a licensed physician assistant allows his or her license to lapse, but submits
			 an application for license renewal within two years after the expiration date
			 of his or her license, such license may be reinstated upon submission of:
(a) a completed application for license
			 renewal, as set forth in
			 263 CMR
			 3.05;
(b) payment of the renewal fee for all
			 renewal cycles since the date that the application expired and such late fee as
			 may be established by the Executive Office of Administration and Finance
			 pursuant to M.G.L. c. 7, § 3B, unless waived in accordance with M.G.L. c.
			 112, § 1B (the Valor Act); and
(c) an authorization signed by the applicant,
			 authorizing the NCCPA to provide the Board with such information as the Board
			 deems necessary to verify that the applicant is currently certified by the
			 NCCPA.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.07 - License Retirement

Current through Register 1525, July 5, 2024
(1) A licensee
			 who meets the eligibility requirements in 263 CMR 3.07(2) may submit a petition
			 to the Board to request that his or her license be placed on retired status. A
			 retired status is a nondisciplinary license status. The Board may review any
			 petition for reinstatement or return to current status from any licensee whose
			 status has been changed to retired status.
(2) A licensee will be eligible to submit a
			 petition for retired status, if her or she:
(a) Has a license that is not surrendered,
			 suspended or revoked at the time of the petition; and
(b) Demonstrates, to the Board's
			 satisfaction, that he or she intends to permanently retire from active practice
			 in the Commonwealth and in all other jurisdictions.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.08 - Domestic Violence and Sexual Violence Training

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 112, § 264,
			 applicants and licensees shall participate in domestic violence and sexual
			 violence training as a condition for licensure, renewal, or reinstatement of
			 licensure.
(2) The Board, in
			 consultation with the Department of Public Health, will identify programs or
			 courses of study that meet the standards required by 263 CMR 3.08 and provide
			 its licensees with a list of such programs or courses.
(3) An applicant for renewal, revival or
			 reinstatement of licensure who has previously completed a program or course
			 approved by the Board shall not be required to participate in a subsequent
			 program or course of domestic violence and sexual violence training except
			 where the Board, in its discretion, requires completion of such a program or
			 course as a condition of renewal, revival or reinstatement of
			 licensure.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 3.00 - Licensure of Individual Physician Assistants › Section 3.09 - Applicant and Licensee Reporting of Status Changes

Current through Register 1525, July 5, 2024
It is the responsibility of the applicant or registrant to
				notify the Board in writing of any of the following events within 30 days of
				their occurrence:
(1) Any change in
			 the address of the applicant or registrant;
(2) Any change in the identity of the
			 applicant or registrant's employer, or in the employment status of the
			 applicant or registrant;
(3) Any
			 change in the identity or address of the registered physician supervising the
			 practice of the applicant or registrant; or
(4) The permanent departure of the applicant
			 or registrant from the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 5.00 - Scope of Practice, Employment of Physician Assistants and Standards of Conduct › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				263 CMR 5.00 is to describe
				the settings in which a physician assistant may properly work, the types of
				clinical activities in which a physician assistant may engage, the level of
				skill expected of the physician assistant, the nature and extent of the
				supervision required of the supervising licensed physician, and the allocation
				of liability for the acts or omissions of a physician assistant. The provisions
				of
				263 CMR 5.00 shall not be
				construed as an implicit prohibition on any work setting, activity, or
				supervisory role which is not explicitly mentioned in
				263 CMR
				5.00.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 5.00 - Scope of Practice, Employment of Physician Assistants and Standards of Conduct › Section 5.02 - Permissible Work Settings

Current through Register 1525, July 5, 2024
A physician assistant may serve the patients of his or her
				supervising licensed physician in all types of clinical care settings,
				including, but not limited to: a patient's home, any physician's office,
				hospital, nursing home, extended care facility, state health or mental
				institution, clinic, health maintenance organization, industrial clinic, school
				or university health service, rural satellite clinic, or other health care
				facility licensed or otherwise operating legally within the
				Commonwealth.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 5.00 - Scope of Practice, Employment of Physician Assistants and Standards of Conduct › Section 5.03 - Scope of Services Which May Be Performed

Current through Register 1525, July 5, 2024
(1) A physician assistant may, under the
			 supervision of a licensed physician, perform any and all services which are:
(a) Within the competence of the physician
			 assistant in question, as determined by the supervising physician's assessment
			 of his or her training and experience; and
(b) Within the scope of services for which
			 the supervising physician can provide adequate supervision to ensure that
			 accepted standards of medical practice are followed.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 5.00 - Scope of Practice, Employment of Physician Assistants and Standards of Conduct › Section 5.05 - Billing

Current through Register 1525, July 5, 2024
A physician assistant may not bill separately for services
				rendered. The services of the physician assistant are the services of his or
				her supervising physician, and shall be billed as such.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 5.00 - Scope of Practice, Employment of Physician Assistants and Standards of Conduct › Section 5.06 - Prescription Practices of a Physician Assistant

Current through Register 1525, July 5, 2024
(1) Any physician assistant who holds a full
			 license, issued by the Board pursuant to
			 263 CMR
			 3.02:
Requirements for Full
			 Licensure
, may issue written or oral prescriptions or medication
			 orders for a patient, provided that he or she does so in accordance with all
			 applicable state and federal laws and regulations including, but not limited
			 to, M.G.L. c. 112, § 9E; c. 94C, §§ 7, 9 and 20;
			 105 CMR 700.000:
Implementation of M.G.L. c. 94C
; and 263 CMR
			 5.06(1).
(2) A physician assistant
			 who holds a temporary license, issued by the Board pursuant to
			 263 CMR 3.04:
Temporary License
, may prepare a written or oral prescription
			 or medication order for a patient, provided that:
(a) Any such written prescription or
			 medication order is signed by his or her supervising physician, or by another
			 licensed physician who has been designated to assume temporary supervisory
			 responsibilities with respect to that physician assistant pursuant to
			 263 CMR
			 5.04(3)(g), prior to the
			 issuance of said prescription or medication order to the patient;
(b) Any such oral prescription or medication
			 order is approved, in writing, by his or her supervising physician, or by
			 another licensed physician who has been designated to assume temporary
			 supervisory responsibilities with respect to that physician assistant pursuant
			 to
			 263 CMR
			 5.04(3)(g), prior to the
			 issuance of that oral prescription or medication order; and
(c) All such oral or written prescriptions or
			 medication orders are issued in the name of the supervising physician, and are
			 otherwise issued in accordance with all applicable state and federal laws and
			 regulations, including but not limited to, M.G.L. c. 112, § 9E; c. 94C,
			 §§ 7, 9 and 20;
			 105 CMR 700.000:
Implementation of M.G.L. c. 94C
; and 263 CMR
			 5.06(2).
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 5.00 - Scope of Practice, Employment of Physician Assistants and Standards of Conduct › Section 5.07 - Physician Assistants Authorized to Operate Fluoroscopic X-ray Systems and to Perform Fluoroscopic Procedures

Current through Register 1525, July 5, 2024
(1)
Definitions Applicable to 263
			 CMR 5.07
.
(a)
Fluoroscopy
means a technique for generating x-ray
			 images and presenting them simultaneously and continuously as visible images.
Fluoroscopy
has the same meaning as the term
			 "radioscopy" in the standards of the International Electrotechnical
			 Commission.
(b)
Fluoroscopic Procedure
means a radiological imaging
			 study using fluoroscopic guidance.
(c)
Supervising
			 Physician
, for the purpose of 263 CMR 5.07, means a physician
			 holding an unrestricted full license in the Commonwealth who:
1. is board-certified in radiology or has
			 been trained in the subjects identified in
			 105 CMR
			 120.405(K):
Operator
			 Qualifications
;
2. signs
			 mutually developed and agreed upon fluoroscopic practice guidelines as required
			 under 263 CMR 5.07(4) and
			 243 CMR
			 2.08(6):
Physician
			 Assistants Authorized to Operate Fluoroscopic X-ray Systems
with each
			 physician assistant authorized to operate fluoroscopic x-ray systems whom such
			 physician supervises; and
3.
			 reviews the physician assistant's performance of fluoroscopic procedures at
			 least once every three months and provides ongoing direction to the physician
			 assistant regarding such procedures or, pursuant to 263 CMR 5.07(4)(d) and
			 243 CMR
			 2.08(6):
Physician
			 Assistants Authorized to Operate Fluoroscopic X-ray Systems
,
			 temporarily delegates such review and direction to another physician holding an
			 unrestricted full license in the Commonwealth who meets the requirements of
			 243 CMR
			 2.08(6)(a)2:
Supervising Physician
.
(d) Physician assistant authorized to operate
			 fluoroscopic x-ray systems means a physician assistant who has submitted
			 documentation to the facility where the physician assistant works demonstrating
			 that he or she meets the requirements set out in
			 105 CMR
			 120.405(K)(2):
Operator Qualifications
.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 5.00 - Scope of Practice, Employment of Physician Assistants and Standards of Conduct › Section 5.08 - Legal Responsibility for Actions of Physician Assistant

Current through Register 1525, July 5, 2024
(1) Where a
			 physician assistant is employed by a physician or group of physicians, the
			 employing physician or physicians shall remain legally responsible for the acts
			 or omissions of said physician assistant at all times, including those
			 occasions where said physician assistant, under the direction and supervision
			 of said employing physician or physicians, aids in the care and treatment of
			 patients in a health care facility.
(2) Where a physician assistant is employed
			 by a health care facility, the employing health care facility shall be legally
			 responsible for the acts or omissions of said physician assistant at all times.
			 Physician assistants who are employed by health care facilities shall
			 nevertheless be supervised by licensed physicians, as required by
			 263 CMR
			 5.04. Physician assistants employed by health
			 care facilities shall not be utilized as the sole medical personnel in charge
			 of emergency services, outpatient services, or any other clinical service where
			 a licensed physician is not regularly available.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 6.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
263 CMR 6.00 authorizes Board
				staff to conduct investigations and initiate formal docketed complaints on
				behalf of the Board. It also establishes the grounds for discipline and the
				actions that may be taken in resolution of such complaints, by the Board and on
				behalf of the Board, in accordance with M.G.L. c. 30A and
				801 CMR 1.01:
Formal Rules
. It also establishes the standards and procedures
				for summary suspensions. Pursuant to M.G.L. c. 112 § 9H, the Board shall
				keep confidential any complaint, report, record or other information received
				by the Board in connection with an investigation conducted by the Board until
				it issues an Order to Show Cause or takes final action on a complaint. This
				confidentiality does not apply to individuals who are the target of the
				complaint or investigation.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 6.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS › Section 6.02 - Investigations, Formal Docketed Complaints and Licensee's Responsibility to Respond Prior to the Issuance of an Order to Show Cause

Current through Register 1525, July 5, 2024
(1)
Investigations
			 Generally
. Any person or organization may submit information, in
			 any form, alleging misconduct by a licensee to the offices of the Board. The
			 Board may direct or authorize one or more of following actions to be taken on
			 its behalf:
(a) Review all information
			 received alleging or indicating acts or omissions by a licensee and identify
			 whether such acts or omissions, if true, constitute grounds for Board action
			 pursuant to
			 263 CMR
			 6.03;
(b) Request the licensee who is alleged to
			 have engaged in the alleged acts or omissions submit a written response to the
			 allegations and any documents or other evidence in the licensee's possession
			 and control that may be relevant to the allegations;
(c) Gather additional information as
			 necessary to determine if the alleged acts or omissions are supported by
			 evidence; and
(d) Initiate a
			 formal, docketed complaint against a licensee based on evidence that the
			 licensee has engaged in specific acts or omissions constituting grounds for
			 Board action.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 6.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS › Section 6.04 - Board Actions on Formal, Docketed Complaints

Current through Register 1525, July 5, 2024
(1)
Dismissal
.
(a) The Board may direct or authorize the
			 dismissal of a docketed complaint for the following reasons:
1. The Board lacks jurisdiction;
2. There is insufficient evidence to support
			 a finding that the licensee engaged in acts or omissions constituting grounds
			 for Board action; or
3. There may
			 be sufficient evidence to support a finding that the licensee engaged in acts
			 or omissions that constitute grounds for Board action; however the Board
			 concludes even if the allegations are true, the alleged acts or omissions in
			 the specific circumstances presented, do not warrant action against the
			 license.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 6.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS › Section 6.05 - Summary Suspension

Current through Register 1525, July 5, 2024
(1)
Purpose
. 263 CMR 6.05 establishes parameters for the
			 summary suspension of a license, in advance of a hearing, by either the full
			 Board or the Board Chair acting on the Board's behalf, in order to prevent an
			 immediate and serious threat to the public health, safety or welfare presented
			 by a licensee's practice. 263 CMR 6.05 also establishes requirements for a
			 post-suspension hearing within seven business days.
(2)
Authorization for Order of
			 Summary Suspension
.
(a)
Request
. The Executive Director may present a request
			 for an Order of Summary Suspension to the Board or, if the next scheduled
			 meeting of the Board will not be held for more than 48 hours, to the Board
			 Chair. The Board Chair may either defer to the full Board or act on the Board's
			 behalf. All members of the Board shall receive a copy of the request for an
			 Order of Summary Suspension presented to the Board Chair. The request for an
			 Order of Summary Suspension must be supported by affidavits, or documentary
			 evidence.
(b)
Immediate
			 and Serious Threat
. If, upon review of the information presented
			 in the request for an Order of Summary Suspension, the Board, or Board Chair,
			 determines, on the basis of information presented in the request, the
			 licensee's continued practice presents an immediate and serious threat to the
			 public health, safety or welfare, and summary suspension is necessary to
			 prevent that threat, the Board, or the Board Chair, acting on the Board's
			 behalf, may authorize the Executive Director to issue an order summarily
			 suspending the license of a licensee.
(c)
Serious Threat
.
			 If, upon review of the information presented in the request for an Order of
			 Summary Suspension, the Board, or Board Chair, determines the licensee's
			 continued practice presents a serious threat to the public health, safety or
			 welfare, and summary suspension is necessary to prevent that threat, the Board,
			 or the Board Chair acting on the Board's behalf, may authorize the Executive
			 Director to issue an order commanding the licensee to file opposing affidavits
			 or other evidence within three business days. If upon review of all the
			 evidence submitted to the Board, the Board or Board Chair again determines the
			 licensee's continued practice presents a serious threat to the public health,
			 safety or welfare, and summary suspension is necessary to prevent that threat,
			 the Board, or the Board Chair acting on the Board's behalf, may authorize the
			 Executive Director to issue an order summarily suspending the license of a
			 licensee.
Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 6.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS › Section 6.06 - Additional Provisions Applicable to Investigations, Complaints and Board Actions

Current through Register 1525, July 5, 2024
(1)
Advisory Letters
. An advisory letter is not a formal
			 Board action against a license and makes no determination or finding on whether
			 the licensee engaged in the alleged acts or omissions. It constitutes a public
			 record of notice to the licensee:
(a)
			 identifying the reason for closure of an investigation or dismissal of a
			 complaint;
(b) identifying any
			 applicable statute(s), regulation(s), rules, advisories or policies that are
			 relevant to the alleged acts or omissions that form the subject matter of an
			 investigation or complaint; and
(c)
			 including a reminder of the general requirement to comply with the identified
			 provisions.
Code of Massachusetts Regulations › 264 CMR - BOARD OF REGISTRATION OF REAL ESTATE APPRAISERS › Title 264 CMR 2.00 - General Provisions › Section 2.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
The purpose of
				264 CMR
				1.00 through
				12.00 is to clarify and
				implement M.G.L. c. 112, §§ 173 through 195 and to establish
				professional standards for the licensing and certification of real estate
				appraisers to promote and protect the public interest.
The provisions of 264 CMR are severable, and should any
				provision be declared invalid, such invalidity shall not affect other
				provisions or applications of 264 CMR.
All licensees and certificate holders are charged with having
				knowledge of the existence of 264 CMR and the USPAP and shall be deemed to be
				familiar with the provisions thereof and are required to render appraisal
				services in accordance with each.
Code of Massachusetts Regulations › 264 CMR - BOARD OF REGISTRATION OF REAL ESTATE APPRAISERS › Title 264 CMR 3.00 - Application, Examination and Registration Procedures › Section 3.01 - Application Procedures

Current through Register 1525, July 5, 2024
(1)
Application Filing
. A person desiring to become a
			 Licensee shall file an application in a format prescribed by the Board. The
			 application shall be accompanied by a nonrefundable application fee and
			 supporting documentation. Applicants must certify, under pains and penalties of
			 perjury, that information provided in an application is truthful and
			 accurate.
(2)
Application Form
. The application form shall require
			 the applicant to provide all or any portion of the following information:
(a) a list of previous residences;
(b) an employment history;
(c) information pertaining to the applicant's
			 character and reputation;
(d)
			 information pertaining to the applicant's real estate appraisal
			 education;
(e) information
			 pertaining to the applicant's real estate appraisal experience; and
(f) such other information as the Board may
			 require to determine the applicant's eligibility for licensure or
			 certification.
Code of Massachusetts Regulations › 264 CMR - BOARD OF REGISTRATION OF REAL ESTATE APPRAISERS › Title 264 CMR 3.00 - Application, Examination and Registration Procedures › Section 3.02 - Examination Procedures

Current through Register 1525, July 5, 2024
(1)
Examinations
.
(a) The
			 Board or its agents shall administer licensing and certification
			 examinations.
(b)
Jurisprudence Examination
. The Board may require a
			 jurisprudence examination.