reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 3.00 - Procedures for Application, Examination, Registration, and Renewal › Section 3.02 - Eligibility Requirements for Initial Registration by Examination

Current through Register 1525, July 5, 2024
(1) Eligibility for
			 initial registration by examination shall be determined by the Board after
			 review and verification of information contained in the application.
(2) To be eligible for initial registration
			 by examination, an applicant shall:
(a) Submit
			 written proof satisfactory to the Board that he or she is at least 21 years of
			 age;
(b) Submit satisfactory
			 written proof, from individuals having direct knowledge of the applicant's
			 qualifications and suitability to become an architect, that he or she is of
			 good moral character;
(c) Submit
			 written proof satisfactory to the Board that he or she holds a professional
			 degree in architecture from a degree program that has been accredited by NAAB
			 or CACB, or has otherwise satisfied educational requirements approved by the
			 Board;
For purposes of 231 CMR 3.02(2)(c), an NAAB accredited degree
				is a professional degree in architecture earned in a degree program accredited
				by the National Architectural Accrediting Board not later than two years after
				termination of enrollment. A CACB-accredited degree is a professional degree in
				architecture earned in a degree program accredited by the Canadian
				Architectural Certification Board not later than two years after termination of
				enrollment.
(d) Submit
			 written proof satisfactory to the Board that he or she has successfully
			 completed the Intern Development Program (IDP); and
(e) Submit written proof satisfactory to the
			 Board that he or she has successfully passed the A.R.E. in accordance with the
			 standards approved by the Board.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 3.00 - Procedures for Application, Examination, Registration, and Renewal › Section 3.03 - Examination Procedures

Current through Register 1525, July 5, 2024
(1)
			 The examination for applicants who are eligible for admission and registration
			 shall be the current Architectural Registration Examination (A.R.E.), as
			 prepared and graded by the National Council of Architectural Registration
			 Boards (NCARB) and as accepted and administered on behalf of the
			 Board.
(2) Applicants shall take
			 the examination subject to the following conditions:
(a) Grading of the examination shall be in
			 accordance with the national grading procedures and passing score standards
			 which are established by NCARB, and which are approved by the Board;
(b) No information pertaining to the subject
			 matter of the examination shall be given to any applicant in advance except as
			 specifically authorized by NCARB;
(c) Transfer credits for divisions of the
			 examination passed prior to the currently-administered Architectural
			 Registration Examination shall be in accordance with policies established by
			 the Board, which may be those which are recommended by NCARB. Information as to
			 transfer credits shall be provided, when appropriate, to applicants as a
			 supplement to the application forms;
(d) An applicant may take the A.R.E., or any
			 portion thereof, at any NCARB-approved test center, whether located in or
			 outside of Massachusetts; and
(e)
			 An applicant who has met the education requirements as set forth in
			 231
			 CMR 3.02(2)(c), and has
			 enrolled in the NCARB Intern Development Program by establishing an NCARB
			 Record, shall be eligible for admission to the A.R.E.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 3.00 - Procedures for Application, Examination, Registration, and Renewal › Section 3.05 - Renewal of Registration

Current through Register 1525, July 5, 2024
(1) An
			 individual's certificate of registration as an architect shall expire on August
			 31 of each calendar year. However, if an architect dies, his or her
			 registration shall expire on the date of his or her death, and no further use
			 of his or her professional stamp or seal shall be made after that
			 date.
(2) Every registered
			 architect shall apply for renewal of his or her certificate of registration on
			 or before August 31st of each calendar year. Said
			 application shall be accompanied by payment of the registration renewal fee
			 prescribed by the Executive Office of Administration and Finance pursuant to
			 M.G.L. c. 7, § 3B, and the applicant shall attest, under the pains and
			 penalties of perjury, that he or she is in compliance with the continuing
			 education requirements of
			 231 CMR
			 3.06.
(3) If a registered architect allows his/her
			 registration to expire, but attempts to renew it within 60 days after the date
			 of its expiration, said registrant may obtain renewal of his or her
			 registration by submitting the renewal application to the Board, together with
			 the required evidence of continuing education as required by
			 231 CMR
			 3.06, the appropriate fee for registration
			 renewal and any late fee as may be established by the Executive Office of
			 Administration and Finance pursuant to M.G.L. c. 7, § 3B.
(4) If a registered architect allows his or
			 her registration to expire and does not attempt to renew it within 60 days
			 after the date of its expiration, the registrant shall, if thereafter seeking
			 registration, be treated as though he or she were applying for initial
			 registration and may be required to take and pass the examination for initial
			 registration and pay all applicable fees.
(5) The Board may suspend, revoke, or refuse
			 to renew the registration of an architect who fails to comply with the
			 continuing education requirements of
			 231 CMR
			 3.06.
(6) A registered architect must provide the
			 following as a condition of renewal:
(a) A
			 certification to the Board that he or she has disclosed any criminal
			 convictions or other adverse actions as required by
			 231 CMR
			 4.01(4):
Compliance
			 With Laws;
(b) A
			 certification to the Board that he or she understands that an Architect Officer
			 must execute all architectural contracts and exercise professional and
			 supervisory control over all architectural services provided by Business
			 Enterprises;
(c) The name and
			 contact information for every Business Enterprise with which he or she
			 practices;
(d) An email address;
			 and
(e) Such other information as
			 the Board may require.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 3.00 - Procedures for Application, Examination, Registration, and Renewal › Section 3.06 - Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1)
General
			 Requirement
. Every registered architect shall complete a minimum
			 of 12 continuing education hours each calendar year in continuing education
			 courses, programs or activities which meet the applicable requirements of 231
			 CMR 3.06(3) through (6) as a condition for renewal of his or her
			 registration.
(2)
Exemption from Requirement
. A registered architect may
			 be exempted from the continuing education requirements of 231 CMR 3.06(1) if:
(a) He or she submits written proof
			 satisfactory to the Board that he or she was unable to complete the continuing
			 education required by 231 CMR 3.06(1) because he or she was called to active
			 duty in the armed forces of the United States for a substantial period of
			 time;
(b) He or she submits written
			 proof satisfactory to the Board that he or she was ill or disabled for a
			 substantial period of time and that the functional limitations imposed by that
			 illness or disability prevented him or her from practicing and thus could not
			 complete the continuing education required by 231 CMR 3.06(1);
(c) He or she submits written proof
			 satisfactory to the Board that he or she was unable to complete the continuing
			 education required by 231 CMR 3.06(1) because of an unforeseen emergency,
			 extreme hardship or other similar circumstances deemed sufficient by the
			 Board;
(d) He or she has been
			 issued a certificate of registration by the Board as an Architect Emeritus and
			 meets the requirements of M.G.L. c. 112, § 60N; or
(e) He or she submits written proof
			 satisfactory to the Board that:
1. He or she
			 is duly registered as an architect by a duly constituted architectural
			 registration board in another state, province or territory of the United States
			 or Canada in which continuing education is required for renewal of his or her
			 registration;
2. He or she has
			 completed the continuing education required for the most recent period of
			 renewal of his or her registration by the laws or regulations of the
			 architectural registration board in that state, province or territory;
			 and
3. The continuing education
			 requirements of the architectural registration board in that state, province or
			 territory are, in the opinion of the Board, substantially equivalent to the
			 requirements of 231 CMR 3.06.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 4.00 - Rules Of Professional Conduct › Section 4.01 - Rules of Professional Conduct

Current through Register 1525, July 5, 2024
An architect shall conform to the rules set forth in
				231
				CMR 4.00 and with the laws governing the practice of
				architecture. Departure therefrom by act or omission shall be deemed to
				constitute misconduct warranting disciplinary action by the Board. Such
				disciplinary actions shall be reported to NCARB for publication to other
				jurisdictions.
(1)
Competence.
(a) In
			 practicing architecture, an architect shall act with reasonable care and
			 competence, and shall apply the technical knowledge and skill which is
			 ordinarily applied by architects of good standing, practicing in the same
			 locality.
(b) In designing a
			 project, an architect shall take into account all applicable state and
			 municipal building laws and regulations. While an architect may rely on the
			 advice of other professionals (
e.g.
, attorneys, engineers, and
			 other qualified persons) as to the intent and meaning of such regulations, once
			 having obtained such advice, an architect shall not knowingly design a project
			 in violation of such laws and regulations.
(c) An architect shall undertake to perform
			 professional services only when he or she, together with those whom the
			 architect may engage as consultants, are qualified by education, training, and
			 examination in the specific technical areas involved.
(d) No person shall be permitted to practice
			 architecture if, in the Board's judgment, such person's professional competence
			 is substantially impaired by physical or mental disabilities.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 4.00 - Rules Of Professional Conduct › Section 4.02 - Design and Use of Architect's Seal

Current through Register 1525, July 5, 2024
(1)
			 Each person registered to practice architecture in the Commonwealth shall
			 procure and use a rubber seal the design, arrangement, size and working of
			 which shall conform exactly with the figure below except for insertion of the
			 registrants own name, his registration number and the name of the city or town
			 from which he is registered, and excepting further that the seal of an
			 out-of-state registrant shall also show the name of his state, province or
			 territory.
Click to view
			 image
(2) The
			 architect's official seal of registration is intended for his personal use in
			 connection with plans, specifications and other instruments of architectural
			 service prepared under his responsible control for which he will be
			 responsible, and is not transferable.
(3) An architect shall use the official seal
			 entrusted to him as
prima facie
evidence that the plans and
			 other instruments of his service upon which it appears were produced by him, or
			 under his responsible control. He shall not permit or suffer his official seal
			 to be affixed to any plans, specifications or drawings not prepared by him or
			 under his responsible control, except as permitted by
			 231 CMR
			 4.01(5).
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 4.00 - Rules Of Professional Conduct › Section 4.03 - Restricted and Prohibited Uses of Professional Titles

Current through Register 1525, July 5, 2024
(1) Neither the title "Architect" or any
			 modification of said title shall be affixed or otherwise used in conjunction
			 with any surname, word or business title when such use would imply that an
			 individual, associate, partner or corporate officer is an architect when, in
			 fact, such individual, associate, partner, or corporate officer is not a
			 registered architect. An individual shall not be deemed to have violated 231
			 CMR 4.03 if he or she uses the title "Intern-architect", as long as he or she
			 is enrolled, active and in good standing in, the NCARB Intern-architect
			 Development Program (IDP).
(2)
(a) Any person engaging in the practice of
			 architecture in the Commonwealth under any business title other than the real
			 name or real names of a registered architect or registered architects, whether
			 individually, or as an association, partnership, or corporation, shall file in
			 the office of the Board a certificate stating the full name and residence of
			 each person engaging in such practice, the place, including street and number,
			 where, and title under which it is conducted. A person who has filed such a
			 certificate shall, upon his discontinuing, retiring or withdrawing from such
			 practice, or in the case of a change of residence of such person or of the
			 location where the practice is conducted, file in the office of the Board a
			 notarized statement under oath that he has discontinued, retired or withdrawn
			 from such practice or of such change of his residence or the location of such
			 practice. In the case of the death of such person, such statement may be filed
			 by the executor or administrator of his estate.
(b) The Board shall keep a suitable index of
			 all certificates so filed with it, setting forth the pertinent facts, including
			 a reference to any statement of discontinuance, retirement or withdrawal from,
			 or the change of location of such practice, or the change of residence of such
			 person.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 4.00 - Rules Of Professional Conduct › Section 4.04 - Practice in Corporations, Partnerships, Limited Liability Companies and Limited Liability Partnerships

Current through Register 1525, July 5, 2024
(1)
Definitions
. As used in 231 CMR 4.04, the following
			 terms shall have the following meanings unless the context otherwise requires:
Corporation
- means any business or
				professional corporation established and organized under M.G.L. c. 156, M.G.L.
				c. 156A or M.G.L. c. 156B, or any "foreign corporation", as defined in M.G.L.
				c. 181, § 1.
Licensee
- means a person duly
				licensed as an architect by the Board to engage in the practice of
				architecture.
Limited Liability Company or LLC
-
				means any "limited liability company" or "foreign limited liability company",
				as defined in M.G.L. c. 156C, § 2, which performs or offers to perform
				architectural services in Massachusetts.
Limited Liability Partnership or LLP
-
				means any "registered limited liability partnership" or "foreign registered
				limited liability partnership", as defined in M.G.L. c. 108A, § 2, which
				performs or offers to perform architectural services in Massachusetts.
Partnership
- means any partnership
				organized and/or established under the laws of Massachusetts or any other
				jurisdiction, other than a limited liability partnership as defined in 231 CMR
				4.04.
Practice of Architecture
- means the
				"practice of architecture" as defined in M.G.L. c. 112, § 60A.
(2)
Practice of
			 Architecture by Corporations
. A corporation may enter into
			 agreements to perform, or hold itself out as able to perform, any of the
			 services involved in the practice of architecture only if that corporation
			 meets all of the following conditions:
(a) At
			 least one officer of the corporation, whose status as an officer is established
			 by the articles of organization or by-laws of that corporation, is duly
			 registered as an architect in Massachusetts;
(b) All contracts or agreements by that
			 corporation to perform architectural services in Massachusetts are executed on
			 behalf of that corporation by the officer of the corporation who is duly
			 registered as an architect in Massachusetts; and
(c) All architectural services performed by
			 that corporation are performed either by the officer of the corporation who is
			 duly registered as an architect in Massachusetts, or by other individuals who
			 perform such work under the responsible control of the officer of the
			 corporation who is duly registered as an architect in Massachusetts.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 4.00 - Rules Of Professional Conduct › Section 4.05 - Grounds for Disciplinary Action

Current through Register 1525, July 5, 2024
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 architect who holds a
				certificate of registration issued pursuant to M.G.L. c. 112, §§ 60A
				through 60O and
				231 CMR 3.00. 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 a
			 certificate of registration;
(b)
			 Engaging in cheating on the A.R.E., engaging in any conduct which is prohibited
			 by the rules governing the administration of the A.R.E., or engaging in any
			 conduct which otherwise compromises the integrity or security of all or any
			 portion of the A.R.E.;
(c) Engaging
			 in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of
			 material facts, the pro vision of false or forged evidence, or bribery in
			 connection with his or her practice of architecture or performance of
			 architectural services;
(d)
			 Violating any provision of any state or federal law or regulation relating to
			 the practice of architecture, including but not limited to any provision of
			 M.G.L. c. 112, § 60G or any provision of
			 231 CMR
			 4.01 through
			 231
			 CMR 4.04;
(e) Engaging in gross misconduct in the
			 practice of his or her profession as an architect;
(f) Practicing with gross incompetence or
			 gross negligence on a particular occasion, or engaging in a pattern of repeated
			 negligent practice;
(g) Knowingly
			 permitting, allowing or aiding or abetting the placement of his or her
			 professional seal or signature on any plans, specifications, drawings or other
			 technical submissions which have not been prepared in accordance with the
			 requirements of
			 231 CMR
			 4.01(5);
(h) Practicing while his or her ability to
			 practice is impaired by alcohol, drugs, physical disability or mental
			 illness;
(i) Knowingly permitting,
			 or aiding or abetting, an unlicensed person to perform architectural services
			 which require a license for purposes of fraud, deception or personal
			 gain;
(j) Having been convicted of
			 any criminal offense which reasonably calls into question his or her fitness or
			 ability to practice as an architect; or
(k) Engaging in any conduct which results in
			 suspension, revocation or other loss of his or her NCARB registration.
For purposes of 231 CMR 4.05, the term "disciplinary action"
				shall include, but shall not be limited to: denial, revocation or suspension of
				a certificate of registration; refusal to renew a certificate of registration;
				issuance of a letter of censure; issuance of a formal written reprimand; or
				placement of a registered architect on probation.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 2.00 - Definitions and Individual Registration Requirements › Section 2.02 - Requirements for Individual Registration by Examination

Current through Register 1525, July 5, 2024
The Board shall grant a certificate of registration as a chiropractor to any person who submits all of the following:
(1) a properly completed application for registration on the form provided by the Board for that purpose;
(2) written proof satisfactory to the Board that the applicant is 18 years of age or older and that the applicant is of good moral character;
(3) an official transcript, or other written proof satisfactory to the Board, verifying that the applicant has completed at least two years (60 credit hours) of instruction in a curriculum leading to a baccalaureate degree in liberal arts or science at a college or university accredited by the United States Department of Education;
(4) an official transcript, or other written proof satisfactory to the Board, verifying that the applicant has graduated from a school or college of Chiropractic accredited by the Council on Chiropractic Education, or an equivalent accrediting body as determined by the Board;
(5) an official transcript from the National Board of Chiropractic Examiners (NBCE) verifying that the applicant has received a passing grade on Parts I, II, III and IV, as well as the special Physiotherapy (supportive procedures and therapies) section, of the national board examination administered by NBCE;
(6) satisfactory written proof that the applicant has received a passing grade on the Massachusetts jurisprudence examination administered by the Board or its designee; and
(7) payment of all application, examination, and registration fees established by the Executive Office of Administration and Finance pursuant to M.G.L. c. 7, § 3B.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 2.00 - Definitions and Individual Registration Requirements › Section 2.03 - Requirements for Individual Registration by Reciprocity

Current through Register 1525, July 5, 2024
(1) Any person who is registered or licensed as a chiropractor under the laws of any other state or territory of the United States, and who applies for registration as a chiropractor in the Commonwealth of Massachusetts after December 31, 1997, shall be granted a certificate of registration by the Board if he or she submits all of the documentation required by 233 CMR 2.02(1) through (7).
(2) An applicant for registration by reciprocity may submit, in
lieu
of the NBCE national board examination transcript required by 233 CMR 2.02(5), a certified written statement from the licensing or registration authority of the state in which he or she is licensed verifying that his or her license in that state is current and in good standing, and that he or she has practiced pursuant to that license for at least three years. Such an applicant shall be approved for registration by reciprocity only if the requirements for licensure in that state which were in effect on the date he or she obtained that license were substantially equivalent to the requirements for registration in Massachusetts which were in effect on that same date.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 2.00 - Definitions and Individual Registration Requirements › Section 2.04 - Good Moral Character Requirement

Current through Register 1525, July 5, 2024
(1) An application for registration as a chiropractor, whether by examination pursuant to 233 CMR 2.02 or by reciprocity pursuant to 233 CMR 2.03, shall be accompanied by such written documentation as the Board may reasonably require in order to determine whether the applicant is of "good moral character".
(2) If the Board receives information about an applicant for registration which reasonably raises a question about whether that applicant is of "good moral character", the Board shall conduct a further inquiry into the relevant facts and circumstances before making a final decision on the application.
(a) Determinations about whether an applicant for registration possesses the "good moral character" required for registration shall be made on an individualized case-by-case basis.
(b) If the Board determines, in its discretion, that such steps are reasonably necessary, the Board may require the applicant to appear personally before the Board, and/or furnish additional written information to the extent permitted by applicable state or federal law.
(c) The burden of demonstrating that the applicant possesses the good moral character required for registration shall rest with the applicant.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 2.00 - Definitions and Individual Registration Requirements › Section 2.05 - Renewal of Individual Registration

Current through Register 1525, July 5, 2024
(1) A certificate of registration issued to a chiropractor by the Board pursuant to 233 CMR 2.02 or 233 CMR 2.03 shall be valid from the date of issue until March 31st of the next calendar year.
(2) On or before April 1st of each calendar year, each registered chiropractor shall apply for renewal of his or her registration on forms prescribed or furnished by the Board, and shall pay such fees for renewal of that registration as may be established by the Executive Office of Administration and Finance pursuant to M.G.L. c. 7, § 3B.
(3) As a condition for renewal of his or her registration, each registered chiropractor shall certify, under the pains and penalties of perjury, that he or she has completed at least 12 hours of continuing education in courses or programs approved by the Board, as required by 233 CMR 3.01:
Continuing Education Requirement
, or that he or she has obtained a waiver of this continuing education requirement pursuant to 233 CMR 3.02:
Waiver of Continuing Education Requirement
.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 2.00 - Definitions and Individual Registration Requirements › Section 2.06 - Inactive Status; Individual Reinstatement

Current through Register 1525, July 5, 2024
(1) Any registered chiropractor who fails to file his or her application for renewal of his or her registration on or before April 1st, or who otherwise fails to meet the requirements for renewal of his or her registration, shall be placed on inactive registration status by the Board. A registered chiropractor who is placed on inactive registration status by the Board shall not engage in the practice of Chiropractic in the Commonwealth of Massachusetts until such time as his or her registration is returned to active status.
(2) A chiropractor whose registration has been placed on inactive status for a period of five years or less may return to active status if:
(a) He or she pays all registration renewal and other fees due for the current registration period and up to two missed registration periods; and
(b) He or she submits written proof satisfactory to the Board that he or she has completed at least 12 hours of continuing education for each registration period which has elapsed since the date on which he or she was placed on inactive status.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 3.00 - Continuing Education Requirements › Section 3.01 - Continuing Education Requirement

Current through Register 1525, July 5, 2024
As a condition for renewal of his or her registration, each registered chiropractor shall complete at least 12 hours of continuing education during each one-year registration period in courses or programs approved by the Board pursuant to 233 CMR 3.03. Unless this requirement is waived by the Board pursuant to 233 CMR 3.02, failure by a registered chiropractor to complete such continuing education shall constitute sufficient grounds for disciplinary action by the Board.
A chiropractor is responsible for maintaining written proof satisfactory to the Board that he or she has completed the continuing education required for renewal for a period of no less than three years from the date the course was taken. 233 CMR 3.01 shall not be construed to decrease the continuing education documentation that must be submitted by individuals seeking reinstatement of an expired license under 233 CMR 2.06:
Inactive Status; Individual Reinstatement
.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 3.00 - Continuing Education Requirements › Section 3.02 - Waiver of Continuing Education Requirement

Current through Register 1525, July 5, 2024
The Board may waive the continuing education requirements of 233 CMR 3.01 for a registered chiropractor who submits written proof satisfactory to the Board that he or she was prevented from meeting that continuing education requirement because of illness or other unforeseeable emergency, extreme hardship, or other good and sufficient reason deemed adequate by the Board. A chiropractor seeking a waiver must submit the request for a waiver and receive written notice that the waiver has been granted by the Board prior to the time the licensee applies for license renewal.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 3.00 - Continuing Education Requirements › Section 3.03 - Approval of Continuing Education Courses

Current through Register 1525, July 5, 2024
(1) A continuing education course or program shall be approved for continuing education credit if it meets all of the following requirements:
(a) The course or program meets the standards established and recognized by the Board;
(b) The course or program is sponsored by a CCE-accredited chiropractic school or college; a state, regional or national professional society or association in the field of chiropractic; or an institution of higher learning accredited by the United States Department of Education;
(c) The subject matter of the course or program is devoted to matters of clinical proficiency, philosophy and ethics, Massachusetts jurisprudence, or the human and biological sciences; and
(d) The sponsoring party ensures that attendance is checked at least twice per session, and provides written certification of attendance, including number of hours attended, to the chiropractor and to the Board upon request.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.01 - Scope of Practice

Current through Register 1525, July 5, 2024
(1) A chiropractor who is duly registered with the Board may perform any and all procedures, functions and services which are included within the definition of "Chiropractic" as set forth in M.G.L. c. 112, § 89. Such procedures, functions and services include:
(a) Examining, evaluating, and diagnosing patients of all ages for the purpose of determining the presence or absence of illnesses, injuries, conditions or disorders including, but not limited to, the vertebral subluxation complex/segmental and somatic dysfunction;
(b) Ordering, performing and/or interpreting laboratory, radiological, electrodiagnostic or any other diagnostic studies for which the chiropractor has been appropriately trained by a college of Chiropractic which is accredited by the Council on Chiropractic Education, or its equivalent, as defined in 233 CMR 2.01:
Definitions
;
(c) Correcting subluxations/segmental and somatic dysfunction or treating illnesses, injuries, conditions or disorders through:
1. the administration of Chiropractic adjustments or manipulations, either by hand or by instrumentation, to the body for the purpose of restoring or maintaining health;
2. the administration, dispensing or prescribing of supportive procedures and therapies, as defined and set forth in 233 CMR 2.01:
Definitions
and 4.02; and
3. the performance of any other therapeutic procedure or service for which the chiropractor has been appropriately trained by a college of Chiropractic which is accredited by the Council on Chiropractic Education, or its equivalent, as defined in 233 CMR 2.01:
Definitions
; and
(d) Counseling and instructing patients of all ages regarding health matters for which the chiropractor has been appropriately trained by a college of Chiropractic which is accredited by the Council on Chiropractic Education, or its equivalent, as defined in 233 CMR 2.01:
Definitions
, including but not limited to the following: nutrition, supplementation, diet, exercise, activities of daily living, ergonomics, and good health habits. Counsel and instruction may be provided by a chiropractor concurrent with or independent from a Primary Chiropractic Procedure.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.02 - Definition and Use of Supportive Procedures and Therapies

Current through Register 1525, July 5, 2024
(1) For purposes of 233 CMR 4.00, the term "supportive procedures and therapies" means those modes of care which may be administered, dispensed or prescribed in addition to the primary Chiropractic procedure (
i.e.
, Chiropractic adjustments or techniques/manipulative techniques, as defined in M.G.L. c. 112, §§ 89, 94 and 97). Such supportive procedures and therapies include but are not limited to the use of braces, casting, supports, traction, thermal modalities, ultrasound, electrical modalities, hydrotherapy, myotherapy, dietary and nutritional advice and/or supplementation, and rehabilitative exercise therapy. The purpose of supportive procedures and therapies is to aid the chiropractor in assisting a patient to achieve a timely and favorable clinical outcome. A chiropractor shall not be required to apply supportive procedures and therapies in the practice of Chiropractic.
(2) All decisions made by a chiropractor regarding the use of supportive procedures and therapies shall be predicated upon a properly documented clinical rationale which is consistent with present educational and practice standards. The details of all supportive procedures or therapies provided shall be recorded when performed.
(3) The decision to use supportive procedures shall be based upon the clinical judgment of the chiropractor. Supportive procedures shall be used as a supplement to the primary Chiropractic procedure. However, if a chiropractor, in the reasonable exercise of his or her professional judgment, decides that a primary Chiropractic procedure is not prudent under the circumstances, he or she may properly apply any of the above supportive procedures or therapies for a reasonable time, if their use is clinically indicated and properly documented.
(4) No supportive procedure shall be administered unless a duly licensed chiropractor is on the premises.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.03 - Limits on Delegation of Patient Care Functions

Current through Register 1525, July 5, 2024
(1) A licensed chiropractor shall be responsible for all patient care provided by him or her, or by any of his or her agents or employees, and shall be responsible for any and all acts or omissions of such agents or employees.
(2) A licensed chiropractor shall not delegate any clinical function for which licensure, registration or certification is required under any other applicable provision of state law or regulations to any person who does not possess the appropriate license, registration or certification required by said law or regulation.
(3) A licensed chiropractor shall not delegate any of the following clinical functions to any person who is not duly registered to practice Chiropractic in the Commonwealth of Massachusetts:
(a) Performing any primary Chiropractic procedure as defined in 233 CMR 2.01:
Definitions
;
(b) Initiating or altering any treatment plan or regimen without prior evaluation and approval by a licensed chiropractor;
(c) Modifying a specific treatment procedure without the prior approval of the licensed chiropractor;
(d) Interpreting clinical data or rendering opinions about such data; or
(e) Rendering opinions about a patient's current status or prognosis.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.04 - Insurance Requirements for Limited Liability Companies and Limited Liability Partnerships

Current through Register 1525, July 5, 2024
(1) A limited liability company or limited liability partnership which provides or offers to provide Chiropractic Treatment in Massachusetts shall maintain in good standing professional liability insurance which meets the following minimum standards:
(a) The insurance shall cover negligence, wrongful acts, and errors and omissions;
(b) The insurance shall insure the limited liability company and its members, as required by M.G.L. c. 156C, § 65, or the limited liability partnership and its partners as required by M.G.L. c. 108A, § 45(8)(a);
(c) The insurance shall provide, for each registered chiropractor who is a member, partner or employee of the limited liability company or limited liability partnership, coverage in an amount of at least $500,000 for each claim with an aggregate top limit of liability for all claims during any one year of at least $1,000,000; and
(d) The insurance required by 233 CMR 4.04(1) may provide that it does not apply to any dishonest, fraudulent, criminal or malicious act or omission of the insured limited liability company or limited liability partnership or any partner, member or employee thereof resulting in:
1. Bodily injury to, or sickness, disease or death of, any person; or
2. Injury to or destruction of any tangible property, including the loss of use thereof.
(e) Such insurance policies may contain reasonable provisions with respect to policy periods, territory, claims, conditions and other usual matters.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.05 - Chiropractic Record-keeping

Current through Register 1525, July 5, 2024
(1) A chiropractor shall establish and maintain a separate, adequate and accurate written clinical record for each patient in his or her care. The record shall be kept in chronological order and record entries shall be made contemporaneously. Each such entry shall be signed by, or shall otherwise adequately identify, the registered chiropractor who is treating the patient to whom the record pertains. Such records shall be legible and self-explanatory. Such records shall include, at a minimum, documentation of the following:
(a) The patient's case history;
(b) Findings of all examinations performed;
(c) Findings of special studies, including but not limited to x-ray studies taken or reviewed;
(d) Clinical impression
(e) Treatment plan;
(f) Informed consent which acknowledges that:
1. the patient has been part of an informed consent process;
2. the patient received sufficient information about the diagnostic or therapeutic procedures which the chiropractor proposes to use;
3. the material risks have been disclosed to the patient, including a description of those risks; and
4. the patient, after assessment, has accepted (or rejected) the procedure or care, understanding the material risks to that procedure.
(g) Progress notes for each patient encounter (Subjective and Objective Assessment and Plan format, Data Assessment and Plan format, or similar work chart notes); and
(h) Details of supportive procedures or therapies, when administered, dispensed or prescribed.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.07 - Negligent or Incompetent Practice

Current through Register 1525, July 5, 2024
Negligent practice or incompetent practice shall constitute grounds for disciplinary action by the Board, regardless of the absence of injury or regardless of the degree of injury to the patient. Negligent or incompetent practice includes, but shall not be limited to:
(1) Grossly negligent practice, reckless practice, grossly incompetent practice, or intentional misapplication of practice on a particular occasion; or
(2) Negligent or incompetent practice on more than one occasion.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.08 - Overutilization of Practice

Current through Register 1525, July 5, 2024
(1) Overutilization of practice shall constitute "gross misconduct in the practice of the profession", within the meaning of M.G.L. c. 112, § 61, and "unprofessional conduct", within the meaning of M.G.L. c. 112, § 93, and shall constitute grounds for disciplinary action by the Board. Overutilization of practice is practice excessive in quality or amount to the needs of the patient. It may be determined from such sources as the patient's history, the patient's subjective and objective presentation, and reasonable clinical judgment as well as other relevant information.
(2) Any chiropractor who provides excessive treatment or issues excessive bills to a patient for the purpose of enabling the patient to incur medical treatment expenses in excess of the tort threshold established pursuant to M.G.L. c. 231, § 6D, shall be subject to disciplinary action by the Board. Such excessive treatment or excessive billing shall constitute "deceit" and "gross misconduct in the practice of the profession", within the meaning of M.G.L. c. 112, § 61, and "unprofessional conduct", within the meaning of M.G.L. c. 112, § 93. Such excessive treatment or excessive billing may also constitute a violation of 233 CMR 4.09, 4.10 or 4.11, and nothing in 233 CMR 4.08(2) shall be deemed to alter or modify any other provisions of 233 CMR 4.00.
(3) For purposes of 233 CMR 4.08, "excessive treatment" shall include, but shall not be limited to:
(a) Treatment which exceeds, in quality or amount, the documented and clinically reasonable Chiropractic needs of the patient;
(b) Treatment which is unrelated to the diagnosed, or reasonably suspected, injury or condition incurred by the patient; or
(c) Treatment which is provided solely for the purpose of enabling the patient to incur medical treatment expenses in excess of the tort threshold established by M.G.L. c. 231, § 6D.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.09 - Improper Charges

Current through Register 1525, July 5, 2024
(1) Improper charges shall constitute a form of "deceit" and "gross misconduct in the practice of the profession", within the meaning of M.G.L. c. 112, § 61, and a form of "unprofessional conduct" within the meaning of M.G.L. c. 112, § 93.
(2) Charges for all services provided by a chiropractor shall be based on currently accepted and clinically appropriate procedure codes, including but not limited to Current Procedural Terminology (CPT) codes, or equivalent codes, and the relative value units ascribed to such codes.
(3) Without limiting the definition of improper charges, the following charges shall be considered improper charges:
(a) Charges for overutilization of practice, as defined in 233 CMR 4.08;
(b) Charges for adjustment/manipulation which are not based on currently accepted procedure codes;
(c) Charges which are based on a level of coding which is not consistent with the patient's clinical history, the subjective and objective clinical findings concerning the patient which were made at the time of the visit, the complexity of the clinical decision-making involved in the diagnosis and/or treatment of the patient, or the nature of the care provided to that patient;
(d) Charges for treatments, procedures or services which were not rendered, were not fully rendered, or were not rendered as represented by the charging chiropractor;
(e) Charges for any treatment, procedure or service which is provided to a patient on a particular office visit occurring on a particular day, if the charging chiropractor has advertised or proposed that any of his or her professional services will be provided free on that same day; or
(f) Charges billed to any third party payor for any service advertised as "free".
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.10 - Misrepresentation or Deceit

Current through Register 1525, July 5, 2024
Without limiting the definition of misrepresentation or deceit each of the following claims if made by a chiropractor directly or by implication, shall constitute a form of misrepresentation and deceit:
(1) Claims that a chiropractor's professional qualifications differ from his or her actual qualification;
(2) Untrue claims that a chiropractor is affiliated with any institution, organization, or individual in a designated capacity;
(3) The use of any title other than "chiropractor", "doctor of chiropractic", "chiropractic physician", or "D.C.", to identify a chiropractor as a person lawfully entitled to practice Chiropractic in the Commonwealth;
(4) Performing, providing, or offering to perform or provide, any treatment, procedure or service which is beyond the proper scope of Chiropractic practice, as defined by M.G.L. c. 112, § 89 and 233 CMR 4.00;
(5) Claims or representations that a particular treatment, procedure or service, or any combination of treatments, procedures or services, is guaranteed to result in a particular clinical outcome; or
(6) A chiropractor who only practices in a Solo Practice may not create the appearance as practicing in partnership with another Chiropractor.
Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.11 - False Health Care Claims Prohibited

Current through Register 1525, July 5, 2024
(1) The Board may take disciplinary action against a registered chiropractor, or a chiropractic facility pursuant to 233 CMR 4.06, if the registered chiropractor or any agent, servant or employee of the registered chiropractor or of the chiropractic facility makes any false statement or misrepresentation of material fact in connection with any application or claim for payment of any health care benefit.
(2) For purposes of 233 CMR 4.06 and 4.11, "making a false statement or misrepresentation of material fact in connection with any application or claim for payment of any health care benefit" includes, but is not limited to, any of the following:
(a) Making or causing to be made any false statement or misrepresentation of a material fact in any application for payment of a health care benefit;
(b) Presenting, or causing the presentation of, any application for a health care benefit which contains any false statement or misrepresentation of a material fact;
(c) Making, or causing the making of, any false statement or misrepresentation of a material fact for use in determining a patient's entitlement to any health care benefit, including whether particular goods or services were medically necessary in accordance with accepted standards of Chiropractic practice; or
(d) Concealing, or failing to disclose, the occurrence of an event which affects a patient's initial or continued right to any health care benefit for the purpose of enabling the patient to fraudulently secure that health care benefit either in a greater amount than is due or when no such benefit is due.