reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 3.00 - LICENSURE REQUIREMENTS AND PROCEDURES › Section 3.08 - License Renewal

Current through Register 1525, July 5, 2024
(1)
Renewal Requirement
.
(a) Each licensed perfusionist shall renew
			 his or her license to practice every two years on or before September
			 1st of the odd-numbered calendar year. A licensed
			 perfusionist who fails to renew his or her license before the expiration date
			 shall not be authorized to practice until he or she renews his or her license.
			 A licensee who engages in practice after the expiration date and prior to
			 renewal may be subject to disciplinary action by the Board.
(b) A licensed perfusionist who meets the
			 renewal eligibility requirements in 267 CMR 3.08(c) may apply to renew his or
			 her license by submitting an application in the manner specified by the Board
			 together with payment of the license renewal fees prescribed by the Executive
			 Office of Administration and Finance pursuant to M.G.L. c. 7, § 3B, unless
			 waived in accordance with M.G.L. c. 112, § 1B.
(c)
Renewal Eligibility
			 Requirements
.
1. Completion of a
			 minimum of 30 hours of continuing education in courses, programs or activities
			 approved for continuing education credit by the American Board of
			 Cardiovascular Perfusion for each license renewal period.
2. Performance of perfusion services in at
			 least 80 cases for each licensure period which has elapsed since the date of
			 their last license renewal.
3.
			 Licensees shall maintain documentation of continuing education and perfusion
			 services performed for the preceding two license renewal cycles and shall
			 submit such documentation to the Board upon request.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 3.00 - LICENSURE REQUIREMENTS AND PROCEDURES › Section 3.11 - License Retirement

Current through Register 1525, July 5, 2024
(1) A licensee
			 who meets the eligibility requirements in 267 CMR 3.11(2) may submit a petition
			 to the Board to request that his or her license be placed on retired status. A
			 retired status is a nondisciplinary license status. The Board may decline to
			 review any petition for reinstatement or return to current status from any
			 licensee whose status has been changed to retired status.
(2) A licensee will be eligible to submit a
			 petition for retired status, if he or she:
(a)
			 Has a license that is not surrendered, suspended or revoked at the time of the
			 petition; and
(b) Demonstrates, to
			 the board's satisfaction, that he or she intends to permanently retire from
			 active practice in the Commonwealth and in all other jurisdictions.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 4.00 - Standards of Professional Practice and Conduct And Procedures › Section 4.01 - Scope of Practice for Full Licensees

Current through Register 1525, July 5, 2024
(1) A fully licensed perfusionist may perform
			 those functions and services which are necessary for the support, treatment,
			 measurement or supplementation of a patient's cardiovascular, circulatory or
			 respiratory systems or other organs, or any combination of those organs or
			 systems; or which ensure the safe management of that patient's physiological
			 functions through the monitoring and analysis of those bodily
			 systems.
(2) The functions and
			 services which may properly be performed by a fully licensed perfusionist
			 include, but are not necessarily limited to, the following:
(a) use of extracorporeal circulation and
			 associated therapeutic and/or diagnostic technologies;
(b) use of long-term cardiopulmonary support
			 techniques, including extracorporeal carbon dioxide removal and extracorporeal
			 membrane oxygenation and associated therapeutic and/or diagnostic
			 technologies;
(c) use or
			 performance of counterpulsation;
(d) use or performance of ventricular
			 assistance;
(e) use or performance
			 of autotransfusion;
(f) use or
			 performance of blood conservation techniques;
(g) use or performance of myocardial
			 preservation and/or organ preservation techniques in connection with the
			 performance of procedures involving cardiopulmonary bypass;
(h) use or performance of extracorporeal life
			 support services or techniques;
(i)
			 use or performance of isolated limb perfusion services;
(j) use or performance of techniques
			 involving blood management, advanced life support and other related
			 functions;
(k) administration of
			 pharmacological and therapeutic agents through the extracorporeal circuit or
			 through an intravenous line pursuant to an order from a duly licensed
			 physician;
(l) administration of
			 anesthetic agents through the extracorporeal circuit or through an intravenous
			 line pursuant to an order from, and under the direct supervision of, an
			 anesthesiologist;
(m) use or
			 performance of physiologic monitoring;
(n) use or performance of central hypothermia
			 or hyperthermia;
(o) use or
			 performance of hemoconcentration, hemodilution or hemofiltration;
(p) performance of anticoagulation
			 monitoring;
(q) peformance of blood
			 gas and blood chemistry monitoring and/or analysis;
(r) performance of hematologic monitoring
			 and/or analysis; and
(s) the
			 observation of signs and symptoms related to perfusion services, the
			 determination of whether such signs or symptoms exhibit abnormal
			 characteristics, and the implementation of appropriate reporting of the
			 same;
(t) the implementation of
			 perfusion protocols, initiation of emergency procedures or implementation of
			 changes in such emergency procedures in connection with any of the functions or
			 services described in 267 CMR 4.01(2)(a) through (j); and
(u) participation in clinical research
			 protocols.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 4.00 - Standards of Professional Practice and Conduct And Procedures › Section 4.02 - Scope of Practice for Provisionally Licensed Perfusionists

Current through Register 1525, July 5, 2024
An individual who holds a provisional license to practice
				perfusion issued by the Board pursuant to
				267 CMR
				3.06:
Provisional Licensure
may perform any or all of the functions and/or services enumerated in
				267 CMR
				4.01, as long as:
(1) He or she performs all such functions
			 and/or services in accordance with all applicable requirements of
			 267 CMR
			 4.01; and
(2) He or she performs all such functions
			 and/or services under the supervision and direction of a perfusionist who holds
			 a full license to practice perfusion issued by the Board and who provides the
			 level of supervision required by
			 267 CMR
			 3.06(7).
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 4.00 - Standards of Professional Practice and Conduct And Procedures › Section 4.03 - Scope of Practice for Students in Perfusion Training Programs

Current through Register 1525, July 5, 2024
A student who is duly enrolled in a perfusion education program
				may perform any or all of the functions and/or services enumerated in
				267 CMR
				4.01, as long as:
(1) The perfusion education program in which
			 the student is enrolled meets the educational standards established by the
			 Accreditation Committee for Perfusion Education and which has been approved by
			 the Commission on Accreditation of Allied Health Education Programs or its
			 successor, or which has otherwise been approved by the Board;
(2) The student is performing all such
			 perfusion services as an integral part of his or her course of study in that
			 perfusion education program;
(3)
			 The student performs all such perfusion services under the direct supervision
			 of a perfusionist who has been duly licensed by the Board pursuant to
			 267 CMR
			 3.04:
Application for Full
			 Licensure
or 3.05:
Application for Full Licensure by
			 Reciprocity
;
(4) The
			 licensed perfusionist who is providing supervision to the student pursuant to
			 267 CMR
			 3.02(5)(c)  has been
			 specifically assigned to provide such supervision to that student, and is on
			 duty and immediately available in the same room in which the student is
			 performing or providing the perfusion services;
(5) The student is designated and identified
			 by a title which clearly indicates his or her status as a student or trainee;
			 and
(6) All applicable requirements
			 of
			 267 CMR
			 4.01 are otherwise met.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 5.00 - Complaint Procedures and Disciplinary Action › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
267 CMR 5.00 authorizes Board
				staff to conduct investigations and initiate formal docketed complaints on
				behalf of the Board. It also establishes the grounds for discipline and the
				actions that may be taken in resolution of such complaints, by the Board and on
				behalf of the Board, in accordance with M.G.L. c. 30A and
				801 CMR 1.01:
Formal Rules
. It also establishes the standards and procedures
				for summary suspensions.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 5.00 - Complaint Procedures and Disciplinary Action › Section 5.02 - Investigations, Formal Docketed Complaints and Licensee's Responsibility to Respond Prior to the Issuance of an Order to Show Cause

Current through Register 1525, July 5, 2024
(1)
Investigations
			 Generally
. Any person or organization may submit information, in
			 any form, alleging misconduct by a licensee to the offices of the Board. The
			 Board may direct or authorize one or more of following actions to be taken on
			 its behalf:
(a) Review all information
			 received alleging or indicating acts or omissions by a licensee and identify
			 whether such acts or omissions, if true constitute grounds for Board action
			 pursuant to
			 267 CMR
			 5.03;
(b) Request the licensee, who is alleged to
			 have engaged in the alleged acts or omissions, submit a written response to the
			 allegations and any documents or other evidence in the licensee's possession
			 and control that may be relevant to the allegations;
(c) Gather additional information as
			 necessary to determine if the alleged acts or omissions are supported by
			 evidence; and
(d) Initiate a
			 formal, docketed complaint against a licensee based on evidence that the
			 licensee has engaged in specific acts or omissions constituting grounds for
			 Board action.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 5.00 - Complaint Procedures and Disciplinary Action › Section 5.04 - Board Actions on Formal, Docketed Complaints

Current through Register 1525, July 5, 2024
(1)
Dismissal
.
(a) The Board may direct or authorize the
			 dismissal of a docketed complaint for the following reasons:
1. The Board lacks jurisdiction;
2. There is insufficient evidence to support
			 a finding that the licensee engaged in acts or omissions that constitute
			 grounds for Board action; or
3.
			 There may be sufficient evidence to support a finding that the licensee engaged
			 in acts or omissions constituting grounds for Board action; however the Board
			 concludes even if the allegations are true, the alleged acts or omissions in
			 the specific circumstances presented, do not warrant action against the
			 license.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 5.00 - Complaint Procedures and Disciplinary Action › Section 5.05 - Summary Suspension

Current through Register 1525, July 5, 2024
(1)
Purpose
. 267 CMR 5.05 establishes parameters for the
			 summary suspension of a license, in advance of a hearing, by either the full
			 Board or the Board Chair acting on the Board's behalf, in order to prevent an
			 immediate and serious threat to the public health, safety or welfare presented
			 by a licensee's practice. 267 CMR 5.05 also establishes requirements for a
			 post-suspension hearing within seven business days.
(2)
Authorization for Order of
			 Summary Suspension
.
(a)
Request
. The Executive Director may present a request
			 for an Order of Summary Suspension to the Board or, if the next scheduled
			 meeting of the Board will not be held for more than 48 hours, to the Board
			 Chair. The Board Chair may either defer to the full Board or act on the Board's
			 behalf. All members of the Board shall receive a copy of the request for an
			 Order of Summary Suspension presented to the Board Chair. The request for an
			 Order of Summary Suspension must be supported by affidavits, or documentary
			 evidence.
(b)
Immediate
			 and Serious Threat
. If, upon review of the information presented
			 in the request for an Order of Summary Suspension, the Board, or Board Chair,
			 determines the licensee's continued practice presents an immediate and serious
			 threat to the public health, safety or welfare, and summary suspension is
			 necessary to prevent that threat, the Board, or the Board Chair, acting on the
			 Board's behalf, may authorize the Executive Director to issue an order
			 summarily suspending the license of a licensee.
(c)
Serious Threat
.
			 If, upon review of the information presented in the request for an Order of
			 Summary Suspension, the Board, or Board Chair, determines the licensee's
			 continued practice presents a serious threat to the public health, safety or
			 welfare, and summary suspension is necessary to prevent that threat, the Board,
			 or the Board Chair acting on the Board's behalf, may authorize the Executive
			 Director to issue an order commanding the licensee to file opposing affidavits
			 or other evidence within three business days. If upon review of all the
			 evidence submitted to the Board, the Board or Board Chair again determines that
			 licensee's continued practice presents a serious threat to the public health,
			 safety or welfare, and summary suspension is necessary to prevent that threat,
			 the Board, or the Board Chair acting on the Board's behalf, may authorize the
			 Executive Director to issue an order summarily suspending the license of a
			 licensee.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 5.00 - Complaint Procedures and Disciplinary Action › Section 5.06 - Additional Provisions Applicable to Investigations, Complaints and Board Actions

Current through Register 1525, July 5, 2024
(1)
Advisory Letters
. An advisory letter is not a formal
			 Board action against a license and makes no determination or finding on whether
			 the licensee engaged in alleged acts or omissions. It constitutes a public
			 record of notice to the licensee:
(a)
			 identifying the reason for closure of an investigation or dismissal of a
			 complaint;
(b) identifying any
			 applicable statute(s), regulation(s), rules, advisories or policies that are
			 relevant to the alleged acts or omissions that form the subject matter of an
			 investigation or complaint; and
(c)
			 including a reminder of the general requirement to comply with the identified
			 provisions.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 2.00 - DEFINITIONS › Section 2.01 - Definitions

Current through Register 1525, July 5, 2024
As used in 268 CMR, the following definitions shall apply:
Board
: The Board of Registration of Dietitians/Nutritionists established pursuant to M.G.L. c. 13, § 11D.
Contact Unit
: The unit of measurement for an organized learning experience lasting no less than 50 consecutive minutes.
Division
: The Division of Professional Licensure.
Field of Dietetics and Nutrition
: The integration and application of scientific principles of food, nutrition, biochemistry, physiology, food management, behavioral and social sciences to achieve and maintain the health of people. The field includes assessing the nutritional needs of individuals and groups of individuals based upon appropriate biochemical, anthropometric, physical, demographic, clinical, and dietary data to determine nutrient needs including enteral and parenteral nutrition; developing, evaluating and monitoring nutrition care plans that establish priorities, goals and objectives for meeting nutrient needs for individuals and groups; and advising and assisting individuals or groups of individuals on appropriate nutritional intake as part of preventive or restorative health care. Dietetics and nutrition also includes integrating information from the nutrition assessment with information on food and other sources of nutrient and meal preparation consistent with cultural background and socioeconomic status.
Licensed Dietitian/Nutritionist
("LDN"): A person licensed under M.G.L. c.112, §§ 201 through 210.
Licensee
: A person holding a license issued pursuant to M.G.L. c.112, §§ 201 through 210.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 3.00 - Procedure For Licensure › Section 3.01 - Application and Licensing

Current through Register 1525, July 5, 2024
(1)
Application
.
(a) Application for licensure must be made in the manner prescribed by the Board and/or on forms furnished by the Board. Applicants may purchase from the State Bookstore a copy of M.G. L. c. 112, §§ 201 through 210 regarding dietitian/nutritionist and the regulations of the Board (268 CMR). Licensees are required to be familiar with 268 CMR.
(b) No application shall be acted upon by the Board unless said application is made on forms which are furnished by the Board, and unless said application is completely and properly filed out in the manner prescribed by the Board, signed under the penalties of perjury, and accompanied by such other information that the Board may require.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 3.00 - Procedure For Licensure › Section 3.02 - Procedures for Renewal of a License and Renewal of a Lapsed/Expired License

Current through Register 1525, July 5, 2024
(1)
Requirements for Renewal of a License
.
(a) With the exception of the original license issued by the Board, each licensee must renew their license every two years. Said original license shall be valid from the date of issue for a minimum period of 24 months and shall expire on the birthday of the licensee next following the end of such period. Each subsequent license renewal date shall be on the second anniversary of that birth date. Individuals with a birth date of February 29th shall have an expiration date of March 1st.
(b) A Licensee must submit to the Board, or its agent, a completed written or electronic renewal application form prescribed by the Board and shall pay the required renewal fee as established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B, not less than 30 days prior to the expiration date of the license.
(c) As a condition for renewal, each licensee must certify, under the pains and penalties of perjury, that he or she has completed the continuing education requirements of at least 30 hours every two years for licensed dietitian/nutritionists pursuant to M.G.L. c.112, § 207 and 268 CMR 4.00
et seq
. The Board, at its discretion, may conduct random surveys for compliance of this section and reserves the right to require any licensee to submit written documentation satisfactory to the Board of his or her completion of all or any part of such continuing education requirements.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 3.00 - Procedure For Licensure › Section 3.03 - Procedures for Reinstatement of a License that has been Revoked, Suspended, Surrendered or Placed on Probation

Current through Register 1525, July 5, 2024
Procedures for the reinstatement of a license after discipline shall be determined by guidelines established by the Board or, in specific matters, by consent agreement or decision and order of the Board.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 3.00 - Procedure For Licensure › Section 3.04 - Communication with the Board

Current through Register 1525, July 5, 2024
(1)
Official Mailing Address
. Each licensee, pursuant to M.G.L. c. 112, § 210, shall provide the Board with a current and principal business or home address which will suffice as the legal address for the receiving of official process and notification from the Board. Licensees failure to provide an official address may result in default judgement or independent disciplinary action for such failure.
(2)
Change of Address
. Licensee, pursuant to M.G.L. c 112, § 210, shall immediately give written notification to the Board of any change of legal address.
(3)
Responding to the Board
. Licensee shall, unless otherwise directed, respond within 30 days to a written communication from the Board, or its designee, and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about the licensee's conduct or professional practice. The 30 day period commences on the date the Board sends the communication by registered or certified mail return receipt requested to the licensee's last known address.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 3.00 - Procedure For Licensure › Section 3.05 - Licensee Fee

Current through Register 1525, July 5, 2024
License and other applicable fees are established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B. There is no provision for proration of fees for those applying between renewal dates.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 3.00 - Procedure For Licensure › Section 3.06 - Late Filing Fee

Current through Register 1525, July 5, 2024
Renewal forms and fees postmarked after the due date will be subject to a late filing fee as established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 4.00 - Continuing Education › Section 4.01 - Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) Licensed Dietitians/Nutritionists are required, as a condition of license renewal, pursuant to M.G.L. c.112, § 207, and 268 CMR 3.02(1)(c), to complete a minimum of 30 units of continuing education activities every two years.
(2) A unit of continuing education shall be a minimum of 50 minutes of organized learning experience and must address the Field of Dietetics and Nutrition. The Board, in its discretion, may approve other programs of continued professional competence that contribute to a licensee's professional growth.
(3) Board approved continuing education activities shall include, but are not limited to, the following:
(a) Successful completion of an educational program, course, seminar, or workshop, sponsored by an approved organization, as described in 268 CMR 4.03(2).
(b) Authorship of published books, chapters of published books, articles in refereed journals, research projects, and/or other such publications approved by the Board related to the science or practice of nutrition. A maximum of three units may be credited for each book chapter, article or project.
(c) Instruction or presentation of an academic course, workshop, poster session, or seminar for the first time. Credit for two units of continuing education will be given for each unit taught or presented.
(d) Successful completion of an academic course related to contemporary nutritional practice and offered by an educational institution or program recognized by the United States Department of Education. Each semester hour shall equate to 15 continuing education units; trimester hours shall equate to 12 units; quarter hours shall equate to ten units.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 4.00 - Continuing Education › Section 4.02 - Verification/Approval of Licensee's Continuing Education Activities

Current through Register 1525, July 5, 2024
(1) The licensee shall maintain adequate documentation of continuing education activities, which shall include, but not be limited to, the following:
(a) For each continuing education unit earned by participation in a continuing education program, a licensee must be able to provide documentation of the following:
1. the title of the program or course;
2. the number of hours spent in the program or course;
3. the name of the Board-recognized entity or the academic institution that sponsored the program or course; and
4. the date(s) and location that the program or course was given.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 4.00 - Continuing Education › Section 4.03 - Verification/Approval of Provider Continuing Education Programs and Activities

Current through Register 1525, July 5, 2024
(1) For a program to be eligible for approval for continuing education hours, it shall contribute to the growth of an applicant in professional competence in nutritional practice.
(2) Course work meeting the requirements of 268 CMR 4.03(1) and endorsed or sponsored by the following organization shall be deemed approved for continuing education hours:
(a) The Commission on Dietetic Registration;
(b) Boards of Licensure of other states;
(c) Courses offered by governmental agencies;
(d) Academic courses or continuing education programs offered by accredited academic institutions offering degrees related to professional practice; and
(e) Organization so designated by the Board.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 4.00 - Continuing Education › Section 4.04 - Waivers of Continuing Education Requirements

Current through Register 1525, July 5, 2024
The Board may, at its discretion, fully waive or extend the deadline of the continuing education requirements for any licensee who, for reasons of health, disability, out of state military service, or undue hardship, cannot meet the requirements. Licensees shall submit such requests to the Board in writing.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 5.00 - Professional Standards And Ethical Codes › Section 5.01 - Appropriate Standards of Practice and Activities

Current through Register 1525, July 5, 2024
(1) Food and Nutrition:
In the area of food service, food safety, nutrient composition of foods, nutrition and supporting sciences, examples of appropriate standards and activities include, but are not limited to, the following:
(a) Evaluating, interpreting, and applying the science of food, food components, nutrients, vitamins, and nutraceuticals to nutrition care plans;
(b) Understanding the nutrient composition of foods and food components as it is applied to human nutrition in individuals and populations;
(c) Understanding and applying the current principles of food safety as they apply to individuals, groups and communities.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 5.00 - Professional Standards And Ethical Codes › Section 5.03 - Professional Relationship with Clients

Current through Register 1525, July 5, 2024
(1) Licensees shall make known to prospective clients the important aspects of the professional relationship, including fees and arrangement for payment, which might affect the client's decision to enter into the relationship. Licensee's fees must be commensurate with services rendered . Under no circumstances shall a licensee charge for services not rendered.
(2) Licensees must guard against conflicts of professional interest. They shall not engage in commercial activities that conflict with responsibility to clients or to colleagues. Licensees shall not receive or give a commission or rebate or any other form of remuneration for the referral of clients for professional service. Licensees shall not accept fees, gifts, or other forms of gratuities for recommending a particular product or use of a particular referral source.
(3) When a referral relationship exists, licensees shall provide ongoing communication with the licensed referring practitioner regarding changes in plans of care, treatment programs, and termination of services. Licensees shall take reasonable action to inform a client's physician and any appropriate allied health care provider in cases where a client's nutritional status indicates a change in medical status.
(4) Licensees shall disclose to clients any interest in commercial enterprises that the licensee promotes for the purpose of personal gain or profit.
(5) Licensees shall be alert to situations that might cause a conflict of interest or have the appearance of a conflict, and provide full disclosure when a real or potential conflict of interest arises.
(6) Licensees shall provide professional services in a manner that is sensitive to cultural differences and does not discriminate against others on the basis of race, ethnicity, creed, religion, disability, gender, age, sexual orientation, or national origin.
(7) A licensee shall not engage in, solicit, or otherwise attempt to engage in any form of sexual relationship or activity with a client.
(8) Licensees shall not violate any provision of any federal or state statute relating to confidentiality of client communication and/or records. Unless required by law, the licensee shall not reveal to any unauthorized person any confidential information obtained from the individual that the licensee serves professionally without the client's expressed written permission.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 5.00 - Professional Standards And Ethical Codes › Section 5.04 - Client Records; Employed or Private Practitioner

Current through Register 1525, July 5, 2024
(1) A Licensed Dietitian/Nutritionist, employed by a medical facility, educational institution, public or private corporation, shall adhere to all applicable federal, state and local laws or regulations pertaining to record keeping by such facilities, institutions or corporations.
A Licensed Dietitian/Nutritionist engaged by a facility, institution or corporation as enumerated in 268 CMR 5.04(1) as an independent contractor shall adhere to the record keeping standards enumerated in 268 CMR 5.04(2), (3) and (4).
(2) A Licensee engaged in private practice, shall maintain a complete and accurate record for each client which meets the standards of usual and customary practice and which is adequate to enable the licensee to provide proper care and treatment of the client. Licensee shall maintain a client's record for a minimum of five years from the date of the client's last professional encounter with the licensee.
(3) Except as otherwise provided by law, a licensee engaged in private practice, shall permit inspection of records maintained for a client by such client or the authorized representative of the client, and upon request, and within a reasonable period of time, shall make a copy of such client's records available to such client or representative.
(4) A Licensee engaged in private practice, may charge a reasonable fee for the expense of providing the client's records to the client or authorized representative; however, the licensee may not require prior payment of the charges for prior professional services rendered to the client as a condition for making the records available.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 6.00 - Discipline › Section 6.01 - Investigation of Complaints

Current through Register 1525, July 5, 2024
(1) The Board, or its agent, shall investigate any and all complaints which allege that a licensed dietitian/nutritionist certified by the Board has violated any provision of M.G.L. c. 112, §§ 201 through 210, any rule or regulation of the Board, or any other state or federal law or regulation pertaining to the professional conduct or activities of the licensee; or has otherwise engaged in improper, unethical or illegal conduct.
(2) No person who files a complaint, reports or provides information to the Board in connection with the investigation of a complaint, or otherwise assists the Board in discharging its duties and functions, shall be held liable in any cause of action arising out of these activities, as long as the person making the complaint or providing such information or assistance does so in good faith and without malice.
(3) All complaints, reports, records, documents or other information received or kept by the Board in connection with any investigation conducted by the Board, or its agent, pursuant to 268 CMR 6.01(1) shall remain confidential until such time as the Board has disposed of the matter by dismissing the complaint, issuing an Order to Show Cause, or taking other final action on said complaint.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 6.00 - Discipline › Section 6.02 - 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 licensed dietitian/nutritionist certified by the Board pursuant to M.G. L. c. 112, §§ 201 through 210 and 268 CMR 6.00. Grounds for such disciplinary action shall include, but not be limited to:
(1) 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 licensure issued by the Board;
(2) Violating any provisions of the laws of the Commonwealth relating to the authorized practice as a licensed dietitian/nutritionist or any rule or regulation promulgated by the Board thereunder;
(3) Engaging in gross misconduct in the practice of his or her profession as a licensed dietitian/nutritionist;
(4) Engaging in practice which is fraudulent or beyond the authorized scope of practice for a licensed dietitian/nutritionist;
(5) Practicing with gross incompetence or gross negligence on a particular occasion, or with negligence on repeated occasions;
(6) Practicing while his or her ability to practice is impaired by alcohol, drugs, physical disability or mental illness;
(7) Being habitually intoxicated by, or engaging in the current, unlawful use of, alcohol, narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects;
(8) Knowingly permitting, or aiding or abetting, an unlicensed person to perform activities which require a license for purposes of fraud, deception or personal gain, excluding activities which are permissible under any provision of the laws of the Commonwealth relating to the training of dietitian/nutritionist in authorized health care institutions and facilities;
(9) Having been convicted, or having submitted to the facts, of any criminal offense which reasonably calls into question his or her moral character, fitness or ability to practice as a licensed dietitian/nutritionist; or
(10) Violating any provision of M.G.L. c. 112, §§ 210 through 210 or any rule or regulation promulgated by the Board thereunder.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 6.00 - Discipline › Section 6.03 - Summary Suspension

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 112, § 202(9), the Board may summarily suspend the license of licensees who pose an immediate danger to the public provided a hearing is afforded to the licensee, pursuant to M.G.L. c. 30A, within seven days of the Board's action to determine whether such summary action was warranted.
Code of Massachusetts Regulations › 268 CMR - BOARD OF REGISTRATION OF DIETITIANS/NUTRITIONISTS › Title 268 CMR 6.00 - Discipline › Section 6.04 - Discipline

Current through Register 1525, July 5, 2024
The Board, pursuant to M.G.L. c. 112, § 205, may take disciplinary action against any applicant or licensee which may include any or all of the following actions:
(1) denial, suspension, revocation or cancellation of, or refusal to renew such license;
(2) placement of such a license on probation;
(3) reprimanding or censuring the holder of such license;
(4) assessing upon the licensee a fine not to exceed $ 5,000 for each violation;
(5) requiring the licensee to perform, for each violation, up to 100 hours of community service in a manner and time to be determined by the Board;
(6) requiring the licensee to complete additional education and training as a condition of retention or reinstatement of such license, or requiring an applicant for such license to complete additional education and training as a condition for future consideration of such application;
(7) requiring the licensee to practice under appropriate supervision for a period of time as determined by the Board as a condition of retention or reinstatement of such license, or requiring an applicant for such license to practice under appropriate supervision for a period of time as determined by the Board as a condition for future consideration of that application;
(8) requiring the licensee to participate in an alcohol or drug rehabilitation program or undergo drug testing, or both, as a condition of retention or reinstatement of such license, or requiring an applicant for such license to participate in an alcohol or drug rehabilitation program or undergo drug testing, or both, as a condition for future consideration of such application; and
(9) requiring the licensee to make restitution of not more than $50,000, where appropriate.
Nothing in 268 CMR 6.04 shall be deemed a limitation on the Board's authority to impose such sanctions by consent agreement as are deemed reasonable and appropriate by the Board in the exercise of its duties and responsibilities.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 2.00 - Definitions › Section 2.01 - Definitions

Current through Register 1525, July 5, 2024
As used in 269 CMR, the following definitions shall
				apply:
Board
. The Board of Registration of
				Massage Therapy as established by M.G.L. c. 13, § 98.
Division
. The Division of Professional
				Licensure.
Licensed Massage School
. A facility
				which is licensed by the Board after meeting minimum standards for training and
				curriculum, as determined in accordance with M.G.L. c. 13, §§ 228
				through 236.
Licensed Massage Therapy
				Establishment
: A place, office, clinic or facility licensed by the
				Board to offer Massage services.
Licensee
. A person or entity holding a
				license issued pursuant to M.G.L. c. 112, §§ 227 through 235.
Massage
: The systematic treatment of
				the soft tissues of the body by use of pressure, friction, stroking,
				percussion, kneading, vibration by manual or mechanical means, range of motion
				for purposes of demonstrating muscle excursion or muscle flexibility and
				nonspecific stretching. Massage therapy may include the use of oil, ice, hot
				and cold packs, tub, shower, steam, dry heat or cabinet baths, in which the
				primary intent is to enhance or restore the health and well-being of the
				client. Massage therapy shall not include diagnoses of illness or disease, the
				prescribing of drugs or medicines, high-velocity, low amplitude thrust applied
				to the joint, electrical stimulation, application of ultrasound, exercise,
				spinal or other joint manipulations or any services or procedures for which a
				license to practice medicine, chiropractic, occupational therapy, physical
				therapy or podiatry is required by law. Massage Therapy also shall not include
				the practice of a person who uses touch, words or directed movement to deepen
				awareness of the patterns of movement in the body, or the affectation of the
				human energy system or acupoints or Qimeridians of the human body while engaged
				within the scope of practice of a profession with established standards and
				ethics, including, but not limited to, the Feldenkrais Method, Reflexology, The
				Trager Approach, Ayurvedic Therapies, Rolf Structural Integration, Polarity or
				Polarity Therapy, Polarity Therapy Bodywork, Asian Bodywork Therapy that does
				not constitute Massage as defined in M.G.L. c. 135, Acupressure, Jin Shin Do,
				Qi Gong, Tui Na, Shiatsu, Body-mind Centering and Reiki. For purposes of 269
				CMR
et seq.
, the use of the term "Massage" shall also mean the
				term "Massage therapy".
Massage Therapist or Massage
				Practitioner
. A person licensed by the Board who instructs or
				administers Massage or Massage therapy for compensation. For purposes of
				269 CMR
				2.00, the use of the term "Massage Therapist" shall
				also mean the term "Massage Practitioner".
Unrelated
. A person who is not a
				family member by blood or by a legally recognized
				relationship.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 3.00 - Individual Licensure › Section 3.01 - Application and Licensing

Current through Register 1525, July 5, 2024
(1)
Application
.
(a)
			 Application for licensure must be made in the manner prescribed by the
			 Board.
(b) No application shall be
			 acted upon by the Board unless said application is made on forms which are
			 furnished by the Board, and unless said application is completely and properly
			 filled out in the manner prescribed by the Board, attested to under the pains
			 and penalties of perjury, and accompanied by such other information that the
			 Board may require.
(c) Incomplete
			 applications will be held open for 180 calendar days.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 3.00 - Individual Licensure › Section 3.02 - Procedures for Renewal of a License and Renewal of a Lapsed/Expired License

Current through Register 1525, July 5, 2024
(1)
Requirements for Renewal of a License
.
(a) Licensees must renew their licenses every
			 year. Each license originally issued to a Licensee shall be valid for a minimum
			 of 12 months and shall expire on the 28th day of the
			 Licensee's birth month. Each subsequent renewal shall be on the anniversary of
			 that date.
(b) A Licensee must
			 submit to the Board, or its agent, a completed written or electronic renewal
			 application and the required fees prior to the expiration date of the license;
			 and
(c) A Licensee must furnish the
			 Board with satisfactory proof that he or she has not been convicted in any
			 jurisdiction of a sexually-related crime or a crime of moral turpitude since
			 the original application for licensure; and
(d) A Licensee must furnish the Board with
			 satisfactory proof that he or she has adequate individual professional
			 liability insurance consistent with
			 269 CMR
			 3.01(2)(g); and
(e) A Licensee must fulfill and document the
			 satisfactory completion of continuing education requirements.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 3.00 - Individual Licensure › Section 3.03 - Procedures for Reinstatement of a License That Has Been Revoked, Suspended, Surrendered, or Placed on Probation

Current through Register 1525, July 5, 2024
Reinstatement of a License/Removal of
				Probation
. The procedures for reinstatement of a license after
				that license has been revoked, suspended, surrendered, or placed on probation
				shall be determined by the guidelines established by the Board or, in specific
				matters, by consent agreement, or by decision and order of the Board. In all
				cases, unless there is specific language to the contrary in the documentation
				of the action taken, the individual shall be required to petition the Board, in
				writing, for a change in license status. At the discretion of the Board, a
				personal appearance may be required. Said petitions and appearances will
				ordinarily be considered at a regularly scheduled Board meeting, at least 60
				days prior to the appropriate anniversary of the disciplinary
				action.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 3.00 - Individual Licensure › Section 3.04 - Good Moral Character Requirement

Current through Register 1525, July 5, 2024
(1) An application for licensure as a Massage
			 Therapist or Massage Practitioner 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) Conduct which reasonably raises a
			 question about whether an applicant possesses the "good moral character"
			 required for registration includes, but is not limited to, any of the
			 following:
(a) Conviction of any criminal
			 offense, other than a routine traffic violation. The term "conviction" means
			 any of the following:
1. A final judgment
			 entered after a jury verdict of guilty or a judicial finding of guilty;
			 or
2. A plea of guilty;
			 or
3. A plea of
nolo
			 contendere
(no contest); or
4. Any other plea or finding which is treated
			 by the court as a plea or finding of guilty;
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 3.00 - Individual Licensure › Section 3.05 - Communication with the Board; Notification of Change of Name or Address

Current through Register 1525, July 5, 2024
(1)
Official Mailing Address
. The mailing address supplied
			 to the Board by the Licensee will suffice as the legal address for the receipt
			 of official process or notification from the Board. Failure to supply the Board
			 with an official address for the receipt of legal process or other Board
			 notifications may result in a default judgment or independent disciplinary
			 action taken as a result of this failure.
(2)
Change of Name or
			 Address
. The Licensee shall notify the Board of any change in name
			 or address. Such notification shall be in writing or electronically and shall
			 be submitted within 30 calendar days of the change in name or
			 address.
(3)
Responding
			 to the Board
. A Licensee shall respond within 30 calendar days,
			 unless otherwise indicated, to a written communication from the Board, or its
			 designee, and shall make available to the Board any relevant and authorized
			 records with respect to an inquiry or complaint about the Licensee's
			 professional conduct. The 30-calendar day period commences on the date the
			 Board sends the communication by regular mail to the Licensee's last known
			 address.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 3.00 - Individual Licensure › Section 3.06 - License Fee

Current through Register 1525, July 5, 2024
License fees are set by the Secretary of Administration and
				Finance of the Commonwealth of Massachusetts, consistent with M.G.L. c. 7,
				§ 3B.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 3.00 - Individual Licensure › Section 3.07 - Late Filing Fee

Current through Register 1525, July 5, 2024
Renewal forms and fees received after the due date will be
				subject to a late filing fee set by the Secretary of Administration and
				Finance, consistent with M.G.L. c. 7, § 3B.