reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.03 - Establishment of and Participation in Qualified Patient Care Assessment Program

Current through Register 1525, July 5, 2024
(1) A Qualified
			 Patient Care Assessment Program shall be described in a written plan, shall be
			 reviewed and updated at least annually by the governing body of the health care
			 facility, and shall be submitted to the Board when adopted or amended. The plan
			 shall include, at a minimum, procedures for compliance with
			 243 CMR 3.00, including:
(a) governing body responsibility for the
			 program including, but not limited to, patient care assessment related
			 committees established pursuant to governing body authorization;
(b) risk identification and analysis
			 including, but not limited to, internal incident reporting/auditing and
			 incident reporting to the Board;
(c) loss prevention and risk reduction
			 activities including, but not limited to, policies/procedures regarding
			 medication errors, credentialing, identification of and counseling impaired
			 health care providers and the establishment of guidelines and standards for
			 clinical specialties;
(d) patient
			 communications and documentation activities including, but not limited to,
			 informed consent policies, maintenance of medical records, and the processing
			 of patient complaints; and
(e)
			 policies governing the responsibilities of the Patient Care Assessment
			 Coordinator and Committee.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.04 - Confidentiality of Records and Information

Current through Register 1525, July 5, 2024
(1) To promote free and full compliance with
			 the reporting requirements set forth below, which will enhance the protection
			 of the public, information and records both generated pursuant to
			 243 CMR 3.00 and which relate
			 to the functions of a "Medical Peer Review Committee" (as defined by M.G.L. c.
			 111, § 1), are hereby deemed confidential and, to the extent allowable
			 under M.G.L. c. 111, § 204, not subject to subpoena, discovery or
			 introduction into evidence.
(2) To
			 protect the confidentiality of information and records both generated pursuant
			 to
			 243 CMR 3.00 and which also
			 relate to the functions of a
Medical Peer Review
			 Committee
(as defined by M.G.L. c. 111, § 1) and to assure
			 that this information and these records are not subject to subpoena, discovery
			 or introduction into evidence, the Patient Care Assessment Coordinator may
			 designate such information and records as "proceedings, reports and records of
			 a medical peer review committee," within the meaning of M.G.L. c. 111, §
			 204(a).
(3) Information and records
			 so designated by the Patient Care Assessment Coordinator pursuant to 243 CMR
			 3.04(2) may be maintained or utilized by the Board of Registration in Medicine,
			 including but not limited to its Data Repository and its Disciplinary Unit, in
			 its investigations or its other proceedings. Such information and records
			 maintained or utilized by the Board shall remain confidential and not subject
			 to subpoena, discovery or introduction into evidence, consistent with M.G.L. c.
			 111, § 204. However, such information and records may not remain
			 confidential if disclosed in an adjudicatory proceeding, but the information
			 and records shall be otherwise subject to any protections provided by M.G.L. c.
			 111, § 204.
(4) The provisions
			 in 243 CMR 3.04 shall not apply to "proceedings, reports and records of a
			 medical peer review committee," within the meaning of M.G.L. c. 111, §
			 204(a), if such proceedings, reports or records are obtained from a source
			 independent of a Medical Peer Review Committee.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.05 - Qualified Patient Care Assessment Program - Credentialing

Current through Register 1525, July 5, 2024
(1) No health care facility in the
			 Commonwealth shall appoint, hire, associate with for the purpose of providing
			 patient care, or grant privileges to a licensee, unless the health care
			 facility first completes the credentialing requirements set forth below. The
			 health care facility must repeat these credentialing requirements at least
			 every two years. These credentialing requirements are modified as follows:
(a) The credentialing requirements may be
			 performed during the time period in which the health care facility grants
			 temporary appointment or privileges for up to 120 days in any one year period
			 to a licensee seeking initial staff membership, provided the health care
			 facility maintains on file a completed application for staff membership and
			 written and timely evidence of a valid Massachusetts license, malpractice
			 insurance, a current DEA certificate of registration for licensees who will be
			 prescribing controlled substances, and appropriate references; and provided
			 further that the health care facility pursues in good faith the credentialing
			 of each licensee holding such temporary appointment or privileges.
(b) The credentialing requirements do not
			 apply when the health care facility grants temporary appointment or privileges
			 for up to 30 days in any one year period to a licensee who is not seeking staff
			 membership, provided the health care facility maintains on file written and
			 timely evidence of a valid Massachusetts license, malpractice insurance, a
			 current DEA certificate of registration for licensees who will be prescribing
			 controlled substances, and letters of recommendation or references as deemed
			 appropriate by the health care facility.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.06 - Qualified Patient Care Assessment Program - Structure

Current through Register 1525, July 5, 2024
(1) The health care facility shall establish
			 a medical peer review committee, within the meaning of M.G.L. c. 111, § 1,
			 with responsibility for patient care assessment at the governing body level, to
			 be known as the Patient Care Assessment Committee.
(a) The governing body shall assure the
			 adequacy of resources and support systems for the Patient Care Assessment
			 Committee functions. In
lieu
of establishing a single Patient
			 Care Assessment Committee, the governing body may elect to establish or
			 maintain separate board level medical peer review committees to carry out the
			 Patient Care Assessment Committee functions required by
			 243 CMR 3.00. A governing
			 board level committee shall include at least one member of the governing
			 body.
(b) The health care facility
			 may have any other peer review committees as it deems appropriate.
(c) The Patient Care Assessment Committee or
			 the committees carrying out patient care assessment committee functions may:
1. be comprised of persons not only from the
			 medical staff; and
2. consistent
			 with the definition of
Medical Peer Review Committee
under M.G.L. c. 111, § 1, carry out all or some of the following
			 functions: the evaluation or improvement of the quality of health care rendered
			 by providers of health care services, the determination whether health care
			 services were performed in compliance with the applicable standards of care,
			 determination whether the cost of health care services rendered was considered
			 reasonable by the providers of health services in the area, the determination
			 of whether a health care provider's actions call into question such health care
			 provider's fitness to provide health care services, or the evaluation and
			 assistance of health care providers impaired or allegedly impaired by reason of
			 alcohol, drugs, physical disability, mental instability or otherwise.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.08 - Qualified Patient Care Assessment Program - Major Incident Reporting to the Board of Registration in Medicine

Current through Register 1525, July 5, 2024
(1)
Introduction
. The requirement that health care
			 facilities establish reporting and screening criteria for adverse events, as
			 well as internal procedures for the review and analysis of incidents, is
			 intended to promote quality assurance and peer review at each facility. In
			 addition, to allow the Board to meet its own statutory responsibility for the
			 oversight of quality assurance programs, each health care facility must report
Major Incidents
as defined in 243 CMR 3.08(2)(a)
			 through (d) to the Board.
(2) The
			 following types of
Major Incidents
must be reported by
			 the health care facility to the Board:
(a)
			 Maternal deaths that are related to delivery.
(b) Death in the course of, or resulting
			 from, elective ambulatory procedures.
(c) Any invasive diagnostic procedure or
			 surgical intervention performed on the wrong organ, extremity or body
			 part.
(d) All deaths or major or
			 permanent impairments of bodily functions other than those reported in 243 CMR
			 3.08(2)(a) through (c) that are not ordinarily expected as a result of the
			 patient's condition on presentation.
The first three types of major incidents are specific outcomes
				that should be reported without regard to the underlying circumstances. The
				fourth type of major incident represents severe adverse outcomes that fall
				outside the realm of ordinarily expectable results, taking into account the
				nature of the underlying disease process and the recognized risks and benefits
				of appropriate medical responses to it. An event may be of this last type
				solely by virtue of its rarity as a natural outcome of the disease or
				intervention. Identification of an event as any one of the four types of major
				incidents, rare or not, does not necessarily indicate either that the outcome
				was preventable or that it resulted from substandard medical practice.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.09 - Qualified Patient Care Assessment Program - Impaired Health Care Providers

Current through Register 1525, July 5, 2024
(1) The health care
			 facility and medical staff bylaws must authorize a procedure for ongoing review
			 and counseling of health care providers impaired by drugs or alcohol, or the
			 health care facility must arrange for and monitor participation in other
			 established review and counseling programs. The health care facility and
			 medical staff bylaws must also authorize a procedure to ensure compliance with
			 M.G.L. c. 112, § 5F, with specific regard to reporting impaired licensees
			 to the Board.
(2) The Patient Care
			 Assessment Coordinator must be kept apprised of any review and monitoring
			 pursuant to 243 CMR 3.09(1).
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.10 - Qualified Patient Care Assessment Program - Specified Requirements in the Practice of Medicine

Current through Register 1525, July 5, 2024
(1)
Informed Consent
. A Qualified Patient Care Assessment
			 Program must require licensees in the facility to adhere to the following
			 guidelines relevant to Informed Consent:
(a)
			 The health care facility must have written policies and procedures designed to
			 address the informed consent process. At a minimum, the policies should
			 address:
1. Medical procedures and treatments
			 for which informed consent is required and the content of the information
			 provided.
2. Designation of persons
			 responsible for obtaining informed consent from the patient.
3. The manner of documentation of consent,
			 consistent with
			 243 CMR 3.00.
4. Designation of appropriate persons, other
			 than the patient, from whom consent may be obtained, and the circumstances when
			 consent may be obtained from a person other than the patient.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.11 - Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1) In
			 addition, as part of its Qualified Patient Care Assessment Program, the health
			 care facility's bylaws shall authorize the establishment of the following
			 provisions:
(a) At least annually, every
			 health care provider as defined by M.G.L. c. 111, § 1, who is employed by
			 or has privileges at the health care facility, or provides patient care on
			 behalf of an HMO, shall receive written notice of the requirements and rights
			 in M.G.L. c. 112, § 5F.
(b)
			 Violation of any health care facility bylaw or regulation required as part of a
			 Qualified Patient Care Assessment Program may be grounds for summary suspension
			 of employment, practice, association for the purpose of providing patient care,
			 or privileges at the health care facility or on behalf of an HMO.
(c)
Patients'
			 Rights
. Prior to or within 24 hours following admission to a
			 health care facility, every patient (or the person from whom informed consent
			 must be obtained) shall receive written notice, in plain language, of the
			 rights established by M.G.L. c. 111, § 70E, except that if the patient is
			 a member of a health maintenance organization and the health care facility is
			 owned by or controlled by such organization, such notice shall be provided at
			 the time of enrollment in such organization and also upon admittance to said
			 facility. Such rights shall be conspicuously posted in the health care
			 facility. In addition, all such patients shall be informed that they may file
			 complaints with a designated office, person or committee established under
			 243
			 CMR 3.07(3)(f), and of the
			 existence of the Board, the Department of Public Health, and their addresses
			 and telephone numbers.
(d) The
			 health care facility shall require that the appropriate personnel respond
			 promptly and in no event in more than 30 days to a second health care
			 facility's "reasonable inquiry" under
			 243 CMR
			 3.05 regarding a health care provider's
			 application for employment, practice, association or privileges at the second
			 health care facility. The health care facility shall maintain personnel records
			 regarding its health care providers for a minimum of ten years.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.13 - Medical Care Quality/Reporting to the Board - Nursing Homes

Current through Register 1525, July 5, 2024
It is the policy of the Board under M.G.L. c. 111, §
				203(e) to monitor the quality of medical care and advice delivered by licensees
				in the nursing home setting and to require that certain information related to
				potential deficiencies in such care be reported periodically to the Board.
				Accordingly, notwithstanding anything in
				243 CMR 3.00 to the contrary
				the following (and any others specifically incorporated by reference, including
				the definitions set forth at
				243 CMR 3.02 ) apply
				to nursing homes in the Commonwealth that provide levels of care I, II or III
				(or any combination of them), and to certain physicians who practice medicine
				or hold administrative positions in such nursing homes. A licensee of the Board
				may accept employment, be an independent contractor or provide patient care at
				any such nursing home only if the nursing home meets or exceeds the following
				requirements.
(1)
Review
			 of Professional Competence: Medical Directors and Advisory
			 Physicians.
(a) A nursing home
			 shall not appoint a medical director or advisory physician (or any individual
			 performing a similar function) who is a licensee, unless the nursing home does
			 the following:
1. In the case of a licensee
			 who, at the time of such appointment and at the time of each required biennial
			 review thereafter, has staff privileges at a licensed or state-operated
			 hospital in the Commonwealth, the nursing home shall inquire, prior to the
			 appointment and at least biennially thereafter, of the status of the licensee's
			 staff privileges at the hospital in the Commonwealth where the licensee spends
			 the greatest proportion of his or her time (the
Primary
			 Hospital
), and the primary hospital shall submit to the nursing
			 home a written statement with regard to such status. Said statement shall
			 either:
a. note that the licensee's staff
			 privileges are in full force and effect; or
b. detail any modification in said privileges
			 during the past three years, including any disciplinary action involving the
			 licensee initiated or closed during the past three years
In the case of 243 CMR 3.13(1)(a)1.b., the nursing home shall
				assess the relevance of such modification and/or disciplinary action on the
				licensee's performance, judgment and clinical skills.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203 › Section 3.14 - Qualified Patient Care Assessment Program- Clinics

Current through Register 1525, July 5, 2024
(1)
Credentialing
.
			 With the exception of 243 CMR 3.14(1)(b), the provisions of
			 243 CMR
			 3.05 do not apply to clinics licensed
			 pursuant to M.G.L. c. 111, § 51; however, any such clinic shall not
			 appoint or hire, contract with, contract with any entity to obtain the services
			 of, associate with for the purposes of providing patient care, or grant
			 privileges to a licensee, unless the clinic first performs the following
			 evaluation of the licensee.
(a) The following
			 provisions apply with respect to a licensee who has been or within 90 days will
			 be credentialed or re-credentialed pursuant to
			 243 CMR
			 3.05 by a licensed or state hospital within
			 Massachusetts.
1. Prior to the date on which
			 a licensee commences to practice medicine on behalf of a clinic:
a. the clinic shall request and the
			 Massachusetts hospital where the licensee spends the greatest proportion of his
			 or her time (the
Primary Hospital
) shall provide to
			 the clinic written confirmation that the licensee has been credentialed by the
			 primary hospital pursuant to
			 243 CMR
			 3.05. The written confirmation shall be
			 provided to the clinic within 30 days after the later of: receipt of the
			 clinic's request or, subject to 243 CMR 3.14(1)(a), the date on which the
			 licensee is credentialed or re-credentialed pursuant to
			 243 CMR
			 3.05 by the primary hospital. The written
			 confirmation shall describe each of the following known to the primary
			 hospital:
i. pending or closed healthcare
			 facility or public agency disciplinary actions against the licensee;
ii. alterations in privileges resulting,
			 directly or indirectly, from concerns about the licensee's professional
			 performance, judgment or clinical skills; and
iii. any other concerns relating to the
			 licensee's professional performance, judgment, clinical skills, or mental or
			 physical status, and any impairment of the licensee related to chemical
			 dependency.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 4.00 - Disciplinary Proceedings For Acupuncturists › Section 4.01 - Scope and Construction of Rules

Current through Register 1525, July 5, 2024
(1)
Procedure
			 Governed
.
			 243 CMR 4.00 governs the
			 disposition of matters relating to the practice of acupuncture by any person
			 holding or having held a license issued by the Board of Registration in
			 Medicine's Committee on Acupuncture under M.G.L. c. 112, §§ 148
			 through 162, and the conduct of adjudicatory hearings by the Committee.
			 243 CMR 4.00 is based on the
			 principle of fundamental fairness to acupuncturists and patients and shall be
			 construed to secure a speedy and just disposition. The Board and Committee may
			 issue standing orders consistent with
			 243 CMR 4.00 and
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules
.
(2)
Definitions
. For the purposes of
			 243 CMR 4.00 and
			 5.00, the terms below have the
			 following meanings :
Adjudicatory Hearing
: a formal
				administrative hearing conducted pursuant to M.G.L. c. 30A.
Administrative Magistrate
: a Hearing
				Officer from the Division of Administrative Law Appeals, conducting an
				adjudicatory hearing on behalf of the Committee, pursuant to M.G.L. c. 30A and
				801 CMR 1.00.
Board
: the Board of Registration in
				Medicine, including, but not limited to, its Acupuncture Unit, Data Repository
				Unit, Enforcement Unit, Patient Care Assessment Unit, Legal Unit, Licensing
				Unit, and its agents and employees.
Committee
: the Committee on
				Acupuncture of the Board of Registration in Medicine, established under the
				provisions of M.G.L. c. 112, § 149.
Complaint
: a communication filed with
				the Board or Committee which charges an acupuncturist with misconduct.
Informal
: not subject to strict
				procedural or evidentiary rules.
Licensee
: a person holding or having
				held any type of license issued pursuant to M.G.L. c. 112, §§ 148
				through 162.
Party
: a respondent, a complaint
				counsel representing the Enforcement Unit, or an intervenor in an adjudicatory
				proceeding pursuant to
				801 CMR
				1.01(9).
Respondent
: the licensee named in a
				Statement of Allegations.
Statement of Allegations
: a paper
				served by the Committee upon a licensee ordering the licensee to appear before
				the Committee for an adjudicatory proceeding and to show cause why the licensee
				should not be disciplined; a "Statement of Allegations" is an "Order to Show
				Cause" within the meaning of
				801 CMR
				1.01(6)(d).
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 4.00 - Disciplinary Proceedings For Acupuncturists › Section 4.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Communications
. All written correspondence should be
			 addressed to and filed with the Board of Registration in Medicine, Committee on
			 Acupuncture, at its official mailing address, 200 Harvard Mill Square, Suite
			 330, Wakefield, Massachusetts 01880.
(2)
(a)
Service
. The Committee shall provide notice of its
			 actions in accordance with
			 801 CMR 1.01(4)(b) and
			 (5)(f), or otherwise with reasonable attempts
			 at in-hand service, unless the Respondent otherwise has actual notice of the
			 committee's action.
			 243 CMR 4.00 provides that the
			 Committee must notify parties, service maybe made by first class mail A notice
			 of appearance on behalf of a Respondent shall be deemed an agreement to accept
			 service of any document on behalf of the Respondent, including a Final Decision
			 and Order of the Committee. When an Administrative Magistrate has jurisdiction
			 over an adjudicatory proceeding, proper service by the Respondent includes
			 filing copies of all papers and exhibits with:
1. the Committee, care of the Director of the
			 Acupuncture Unit;
2. the
			 Administrative Magistrate assigned to the adjudicatory proceeding and
3. the Complaint Counsel assigned to the
			 adjudicatory proceeding. All papers served must be accompanied by a certificate
			 of service.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 4.00 - Disciplinary Proceedings For Acupuncturists › Section 4.03 - Disposition of Complaints

Current through Register 1525, July 5, 2024
(1)
Initiation
. Any person, organization, or member of the
			 Committee may make a complaint to the Committee which charges a licensee with
			 misconduct. A complaint may be filed in any form. The Committee, in its
			 discretion, may investigate anonymous complaints.
(2)
Complaint
			 Subcommittee
. The Committee may establish a subcommittee known as
			 the Complaint Subcommittee to review complaints charging a licensee with
			 misconduct. If the Subcommittee or a Board or Committee Investigator determines
			 that a communication does not relate to any of the matters set forth in 243 CMR
			 4.03(5), the Subcommittee or the investigator may refer the communication to
			 the proper authority or regulatory agency.
(3)
Investigation.
(a) A Board or Committee Investigator shall
			 conduct such preliminary investigation, including a request for an answer from
			 the licensee, as is necessary to allow the Complaint Subcommittee to determine
			 whether a complaint is frivolous or lacking in either legal merit or factual
			 basis. If, after a preliminary investigation of an anonymous complaint, the
			 investigator determines that the anonymous complaint is frivolous or lacking in
			 either legal merit or factual basis, the anonymous complaint shall not be
			 docketed, shall be filed in a general correspondence file, and shall remain
			 confidential.
(b) After receipt and
			 review of a complaint, if the Complaint Subcommittee determines that the
			 complaint is frivolous or lacking in either legal merit or factual basis, it
			 may close the complaint. The Subcommittee shall notify the person who made the
			 communication of its determination and the reasons for it. As to other
			 complaints, the Subcommittee shall conduct, or cause to be conducted, any
			 reasonable inquiry or investigation it deems necessary to determine the truth
			 and validity of the allegations set forth in the complaint.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 4.00 - Disciplinary Proceedings For Acupuncturists › Section 4.04 - Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1)
Rules for Conducting Hearings
. After the Committee
			 issues a Statement of Allegations, the Committee shall conduct all hearings in
			 accordance with
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 4.00 - Disciplinary Proceedings For Acupuncturists › Section 4.05 - Final Decision and Order, and Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1)
In
			 General
. Every Final Decision and Order of the Committee requires
			 the concurrence of at least four members, or of a majority of the Committee if
			 it has more than one vacancy. If the Hearing Officer is a member of the
			 Committee, his/her vote counts in the event the Committee is not otherwise able
			 to reach a final decision.
(2)
Sanctions
. In disposition of disciplinary charges
			 brought by the Committee, the Committee may revoke, suspend, or cancel the
			 license, or reprimand or censure the acupuncturist, or require a course of
			 education or training or otherwise discipline or limit the practice of the
			 acupuncturist. A reprimand is a severe censure. The Committee may also
			 condition the stay or other cessation of a sanction upon reasonable conditions
			 consistent with the public health, safety and welfare. A Probation Agreement
			 may be required by the Committee as a condition of the stay of an indefinite
			 suspension. Failure to comply with the terms of a Probation Agreement may
			 result in the immediate suspension of the acupuncturist's license to practice
			 acupuncture.
(3)
Nature
			 and Effect, Generally
. Any order of the Committee which imposes a
			 sanction as a result of a disciplinary action is effective immediately, unless
			 the Committee orders otherwise.
(a)
Suspension
. A licensee whose license is suspended for
			 a period of time is automatically reinstated upon expiration of the suspension
			 period.
(b)
Revocation
. The cancellation or revocation of a
			 license is effective for at least five years, unless the Committee orders
			 otherwise. Reinstatement thereafter may be granted or denied in the Committee's
			 discretion. A cancellation or revocation is lifted only through a petition for
			 reinstatement.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.02 - Licensure Provisions

Current through Register 1525, July 5, 2024
(1)
Types of Licenses
. Two types of licenses are issued by
			 the Committee: full licenses and temporary licenses. A full licensee may
			 practice acupuncture in Massachusetts in accordance with M.G.L. c. 112,
			 §§ 148 through 162 and
			 243 CMR 4.00 and
			 5.00.
(2)
Temporary
			 License
. A temporary licensee shall only practice acupuncture on
			 an individual or patient in the course of:
(a) supervising interns in a Committee
			 approved internship program; or
(b)
			 demonstrating acupuncture techniques as part of an acupuncture educational
			 seminar or program; or
(c)
			 participating in a postgraduate clinical training program; or
(d) participating in a continuing education
			 course that includes the insertion of needles; and
(e) when a temporary licensee is
			 participating in a postgraduate clinical training program or a continuing
			 acupuncture education program, he/she must be supervised by an active full
			 licensee. The supervisor must be approved by the Committee or its licensing
			 subcommittee prior to the issuance of the temporary license.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.03 - Educational Requirements for Full Licensure

Current through Register 1525, July 5, 2024
(1)
Undergraduate
			 Education.
(a) An applicant for
			 full licensure shall successfully complete two full academic years (a minimum
			 total of 60 semester accredited hours or 90 quarter accredited hours, or the
			 equivalent) of undergraduate education at:
1.
			 an accredited college or university;
2. an institution approved by the
			 Massachusetts Department of Education; or
3. a foreign university or college that the
			 Committee deems equivalent to an accredited college or university.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.04 - Committee Approval of Acupuncture Schools and Clinical Programs

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 112, § 152, to be eligible for
				licensure, an applicant must graduate from a committee approved course of
				academic training in acupuncture and complete a committee approved acupuncture
				internship.
(1)
Committee
			 Approval of Acupuncture Schools.
(a) The Committee may approve an acupuncture
			 school, if the school:
1. is accredited by
			 ACAOM, or by a federally approved accrediting agency that the Committee deems
			 an appropriate agency for accrediting graduate schools in acupuncture;
			 or
2. has candidacy status with
			 ACAOM, or with a federally approved accrediting agency that the Committee deems
			 an appropriate agency for granting candidacy status to graduate schools in
			 acupuncture.
3. An acupuncture
			 school must be a Committee approved school on the date the applicant graduates
			 (
i.e
. the school must have ACAOM accreditation or candidacy
			 status). Upon request, the Committee may waive this requirement for good
			 cause.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.05 - Application Provisions

Current through Register 1525, July 5, 2024
(1)
Contents of the Application Form for a Full License
.
			 The Committee's application form for a full license will request the following
			 information:
(a) the applicant's name; date
			 and place of birth; and home address, mailing address and principal business
			 address;
(b) the applicant's social
			 security number;
(c) a photograph
			 of the applicant adequate for positive identification;
(d) a written statement asserting that the
			 applicant is of good moral character. This statement must be executed by
			 someone who is unrelated to the applicant and who has known the applicant well
			 and for a minimum of three years, preferably an acupuncturist licensed to
			 practice in Massachusetts;
(e) a
			 statement of the applicant's involvement in civil litigation related to the
			 practice of acupuncture, and any criminal litigation;
(f) a statement of any disciplinary action
			 taken against the applicant;
(g) a
			 statement of the other jurisdictions in which the applicant is or has been
			 licensed to practice acupuncture, including license numbers and issue
			 dates;
(h) a statement of the
			 results of any acupuncture licensure examination the applicant has
			 taken;
(i) a statement of the
			 applicant's physical and mental health, including an explanation of any
			 dysfunction impairing him as a student or practitioner of
			 acupuncture;
(j) a description of
			 the applicant's clinical acupuncture training and experience;
(k) a description of the applicant's
			 acupuncture work experience and, where applicable, supporting
			 documentation;
(l) an official
			 transcript sent directly from the applicant's undergraduate college or
			 university;
(m) an official
			 transcript sent directly from the applicant's acupuncture school;
(n) where applicable, proof of sufficiency in
			 the English language or the applicant's signed agreement to use an interpreter,
			 and the interpreter's credentials, name and address. The interpreter shall be
			 approved by the Committee.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.06 - Fees

Current through Register 1525, July 5, 2024
(1)
Payment of Fees
. All examination fees must be in the
			 form of a United States certified heck or money order, made payable to the
			 Commonwealth of Massachusetts in the amount required by the secretary of
			 administration and finance under M.G.L. c. 7, § 3B. Other fees may be paid
			 with a personal check.
(2)
Forfeiture of Fees.
(a) If an applicant submits an application,
			 the Committee processes it, and the applicant withdraws the application, the
			 applicant forfeits the application and examination fees.
(b) If an applicant is denied permission to
			 take the licensure examination, his/her fee will be returned minus the
			 application fee.
(c) If an
			 applicant submits an application which is deemed lapsed, the applicant forfeits
			 the application and examination fees.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.07 - Renewal Provisions

Current through Register 1525, July 5, 2024
(1)
Requirements for Renewal of a Full License.
(a) Pursuant to M.G.L. c. 112, § 156, a
			 full licensee must renew his/her license every two years. The renewal date is
			 the licensee's birthday. The first renewal date is in the second year following
			 the year in which the full license was granted, unless that date is within 15
			 months of the date the license was originally granted, in which case the first
			 renewal date is in the third year following the year in which the license was
			 granted.
(b) The following are the
			 requirements for renewal of a full license:
1. A licensee must submit to the Committee a
			 completed renewal application form and the proper fee prior to the renewal
			 date;
2. A licensee must fulfill
			 the continuing acupuncture education requirement as defined in
			 243 CMR
			 5.10, or obtain a waiver or extension from
			 the Committee pursuant to
			 243 CMR
			 5.10(4).
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.08 - Safe Practice Provisions

Current through Register 1525, July 5, 2024
(1)
In General
. 243
			 CMR 5.08 contains the Committee's requirements for acupuncturists, acupuncture
			 interns, and acupuncture assistants concerning the safe practice of
			 acupuncture. The Committee may, at its discretion, issue additional
			 requirements or guidelines that shall be observed by acupuncturists, interns
			 and assistants.
(2)
Sterilization.
(a)
			 All nondisposable needles, acupuncture equipment that comes into contact with
			 the patient's blood or body fluids, or penetrates the skin, and equipment used
			 to handle or store needles or other acupuncture equipment that comes into
			 contact with the patient's blood or body fluids, or penetrates the skin shall
			 be sterilized after each use. All equipment to be sterilized shall be
			 thoroughly cleaned before sterilization with a disinfectant or cleansing
			 solution. Disposable needles do not need to be sterilized after each use but
			 must be properly discarded after each use.
(b) Sterilization equipment shall be used and
			 maintained strictly in accordance with the guidelines of the manufacturer of
			 the equipment. Use of one of the following methods of sterilization is
			 required:
1. autoclaving with pressurized
			 steam;
2. dry heat sterilization;
			 or
3. ethylene oxide gas
			 sterilization.
(c) The
			 following methods of sterilization are unacceptable: boiling acupuncture
			 equipment, soaking acupuncture equipment in alcohol or other antiseptic
			 solution, or using a glass bead sterilizer.
(d) Sterilization equipment shall be
			 monitored regularly in accordance with the manufacturer's guidelines to
			 determine whether the equipment is functioning properly.
(e) Sterilized acupuncture equipment shall be
			 clearly marked to distinguish it from unsterilized equipment. Sealed packages
			 containing sterilized equipment shall be marked with an expiration date. Any
			 equipment that is not used on the day the equipment was removed from a
			 sterilization package shall be resterilized before use.
(f) All nondisposable needles shall be
			 sterilized before disposal. After sterilization the needles shall be placed in
			 a rigid, puncture-proof sealed container for disposal. Disposal containers
			 shall be labeled as such, and shall carry the warning "CONTAMINATED
			 CONTENTS--USE PRECAUTIONS." Disposal containers shall be wiped with a suitable
			 disinfectant if blood or other bodily fluids are spilled on the outside.
			 Disposal containers shall be discarded appropriately.
(g) The parts of a patient's body to be
			 treated shall be swabbed with alcohol or an antiseptic agent prior to needle
			 insertion or any procedure which breaks the skin.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.09 - Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1)
Advertising and Professional Notices
(a)
Public Interest
.
			 A full licensee may advertise for patients by means that are in the public
			 interest. Advertising that is not in the public interest includes the
			 following:
1. advertising that is false,
			 deceptive, or misleading;
2.
			 advertising that has the effect of intimidating or exerting undue
			 pressure;
3. advertising that
			 guarantees a cure;
4. advertising
			 that makes claims of professional superiority that an acupuncturist cannot
			 substantiate.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.10 - Mandatory Continuing Acupuncture Education

Current through Register 1525, July 5, 2024
(1)
Condition of
			 Renewal
. A full licensee is required to complete 30 hours of
			 continuing acupuncture education per renewal period as a condition of renewal
			 of his/her license. The renewal period is each two year period that begins on
			 the date that a license is issued or renewed by the Committee and ends on the
			 following renewal date. At the time of renewal, each licensee will be required
			 to submit a signed, notarized statement, on a form provided by the Committee,
			 attesting to completion of the continuing education requirements set forth in
			 243 CMR 5.10. Failure to comply with the continuing education requirements of
			 243 CMR 5.10 will result in the non-renewal of the license.
(a)
Herbal Therapy
			 Distinction
. A licensee seeking Committee approval to employ
			 herbal therapy as part of his/her acupuncture practice must complete 30 hours
			 of continuing education per renewal cycle, and at least ten hours of those 30
			 hours shall be directly related to Herbology. Pursuant to 243 CMR 5.10, the
			 licensee must also have at least 15 hours of continuing education credits
			 directly related to acupuncture, and at least five hours directly or indirectly
			 related to acupuncture or herbology.
(b) For licensees certified by the Committee
			 to employ herbs in the practice of acupuncture, failure to comply with the
			 continuing education requirement of 243 CMR 5.10(1)(a) regarding the study of
			 herbal medicine will result in the non-renewal of the certification to employ
			 herbology as a part of the license's acupuncture practice. An applicant failing
			 to meet the herbology continuing education requirements may still have his/her
			 license to practice acupuncture renewed, provided the licensee has otherwise
			 complied with all other applicable provisions of
			 243 CMR 5.07
			 and 243 CMR 5.10. However, the license issued will no longer contain an
			 herbology distinction.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 3.00 - Registered Nurse And Licensed Practical Nurse › Section 3.01 - Designation - Registered Nurse

Current through Register 1525, July 5, 2024
Registered Nurse is the designation given to an individual who
				is licensed to practice professional nursing, holds ultimate responsibility for
				direct and indirect nursing care, is a graduate of a Board approved school for
				professional nursing, and is currently licensed as a Registered Nurse pursuant
				to M.G.L. c. 112. Included in such responsibility is providing nursing care,
				health maintenance, teaching, counseling, planning and restoration for optimal
				functioning and comfort, of those they serve.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 3.00 - Registered Nurse And Licensed Practical Nurse › Section 3.02 - Responsibilities and Function - Registered Nurse

Current through Register 1525, July 5, 2024
(1) A registered nurse shall bear full and
			 ultimate responsibility for the quality of nursing care he or she provides to
			 individuals and groups. Included in such responsibility is health maintenance,
			 teaching, counseling, collaborative planning and restoration of optimal
			 functioning and comfort or for the dignified death of those they serve. A
			 registered nurse, within the parameters of his or her generic and continuing
			 education and experience, may delegate nursing activities to unlicensed persons
			 in accordance with
			 244
			 CMR 3.05:
(2) A registered nurse shall act, within his
			 or her generic and continuing education and experience to:
(a) systematically assess health status of
			 individuals and groups and record the related health data;
(b) analyze and interpret said recorded data;
			 and make informed judgments there from as to the specific problems and elements
			 of nursing care mandated by a particular situation;
(c) plan and implement nursing intervention
			 which includes all appropriate elements of nursing care, prescribed medical or
			 other therapeutic regimens mandated by the particular situation, scientific
			 principles, recent advancements and current knowledge in the field;
(d) provide and coordinate health teaching
			 required by individuals, families and groups so as to maintain the optimal
			 possible level of health;
(e)
			 evaluate outcomes of nursing intervention, and initiate change when
			 appropriate;
(f) collaborate,
			 communicate and cooperate as appropriate with other health care providers to
			 ensure quality and continuity of care; and
(g) serve as patient advocate, within the
			 limits of the law.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 3.00 - Registered Nurse And Licensed Practical Nurse › Section 3.03 - Designation - Practical Nurse

Current through Register 1525, July 5, 2024
Licensed practical nurse is the designation given to an individual who is a graduate of a Board approved practical nursing program, and who is currently licensed as a practical nurse pursuant to M.G.L. c. 112. The licensed practical nurse functions within the framework specified by the nursing statutes and regulations of the Commonwealth.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 3.00 - Registered Nurse And Licensed Practical Nurse › Section 3.04 - Responsibilities and Functions - Practical Nurse

Current through Register 1525, July 5, 2024
(1) A licensed practical nurse bears full
			 responsibility for the quality of health care she or he provides to patients or
			 health care consumers. A licensed practical nurse within the parameters of his
			 or her generic and continuing education and experience, may delegate nursing
			 activities to unlicensed persons in accordance with
			 244
			 CMR 3.05.
(2) A licensed practical nurse participates
			 in direct and indirect nursing care, health maintenance, teaching, counseling,
			 collaborative planning and rehabilitation, to the extent of his or her generic
			 and continuing education and experience in order to:
(a) assess an individual's basic health
			 status, records and related health data;
(b) participate in analyzing and interpreting
			 said recorded data, and making informed judgments as to the specific elements
			 of nursing care mandated by a particular situation;
(c) participate in planning and implementing
			 nursing intervention, including appropriate health care components in nursing
			 care plans that take account of the most recent advancements and current
			 knowledge in the field;
(d)
			 incorporate the prescribed medical regimen into the nursing plan of
			 care;
(e) participate in the health
			 teaching required by the individual and family so as to maintain an optimal
			 level of health care;
(f) when
			 appropriate, evaluate outcomes of basic nursing intervention and initiate or
			 encourage change in plans of care; and
(g) collaborate, cooperate and communicate
			 with other health care providers to ensure quality and continuity of
			 care.