Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 5.00 - The Practice Of Acupuncture › Section 5.01 - Introductory Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 243
			 CMR 5.00 is the judgment of the Board of Registration
			 in Medicine and its Committee on Acupuncture concerning the practice of
			 acupuncture. Its purpose is to prescribe substantive standards governing the
			 practice of acupuncture which will promote the public health, safety and
			 welfare, and inform acupuncturists of the Board's and Committee's expectations
			 and requirements. The Board and Committee presume that every acupuncturist in
			 the Commonwealth has notice of
			 243
			 CMR 5.00 and will practice acupuncture in accordance
			 with it.
(2)
Definitions
. For the purposes of
			 243 CMR 4.00 and
			 5.00, the terms below have the
			 following meanings :
AACRAO
: the American Association of
				Collegiate Registrars and Admissions Officers.
ACAOM
: the Accreditation Commission
				for Acupuncture and Oriental Medicine.
Acupuncture Assistant
: a person who is
				employed by a licensed acupuncturist and registered with the Committee pursuant
				to
				243 CMR
				5.09(5).
Acupuncture Regulations
: the
				regulations contained in
				243 CMR 4.00 and
				5.00.
Acupuncture School
: any legally
				chartered school which grants diplomas, certificates or graduate degrees in
				acupuncture, or any department or program within a college or university that
				grants diplomas, certificates or graduate degrees in acupuncture.
Acupuncture Statutes
: M.G.L. c. 112,
				§§ 148 through 162.
Acupuncture Student
: a student
				enrolled in a legally chartered acupuncture school.
Acupuncturist
: a person licensed under
				the provisions of M.G.L. c. 112, §§ 149 through 162, to practice
				acupuncture.
Acupuncture Intern
: an acupuncture
				student engaged in practical training including needle insertion on human
				subjects in an acupuncture internship program approved by the committee.
CCAOM
: the Council of Colleges of
				Acupuncture and Oriental Medicine.
CNT Course
: the Clean Needle Technique
				Course administered by the CCAOM.
Continuing Acupuncture Education
: a
				formal course or program relevant to the study or practice of acupuncture that
				directly contributes to the professional competence of the license.
Disciplinary Action
: an action
				adversely affecting an acupunc turist which simultaneously meets the
				descriptions in 243 CMR 5.01(2)(a), (b) and (c), and which is limited as
				described in 243 CMR 5.01(2)(d) and (e):
(a) An action of an entity, including, but
			 not limited to, a governmental authority, a health care facility, an employer,
			 or a professional acupuncture association (international, national or
			 local).
(b) An action that is:
1. formal or informal; and
2. oral or written.
(c) Any of the following actions or their
			 substantial equivalents, whether voluntary or involuntary:
1. Revocation of a right or
			 privilege.
2. Suspension of a right
			 or privilege.
3. Censure.
4. Written reprimand or admonition.
5. Restriction of a right or
			 privilege.
6. Non-renewal of a
			 right or privilege.
7.
			 Fine.
8. A required performance of
			 public service.
9. A course of
			 education, training, counseling, or monitoring, only if such course arose out
			 of the filing of a complaint or the filing of any other formal charges
			 reflecting upon the licensee's competence to practice acupuncture.
10. Denial of a right or privilege.
11. Resignation.
12. Leave of absence.
13. Withdrawal of an application.
14. Termination or non-renewal of a contract
			 with an acupuncturist.
(d)243 CMR 5.01(2)(c)10. through 14. are
			 "disciplinary actions" only if they relate directly or indirectly to:
1. the licensee's competence to practice
			 acupuncture; or
2. a complaint or
			 allegation regarding any violation of law or regulation (including, but not
			 limited to, the regulations of the Board and Committee) or bylaws of a health
			 care facility, substance abuse outpatient service program, group practice, or
			 professional acupuncture association, whether or not the complaint or
			 allegation specifically cites violation of a specific law, regulation, or
			 bylaw.
(e) If based upon
			 a failure to complete acupuncture records in a timely fashion or failure to
			 perform minor administrative functions, a first or second written reprimand or
			 admonition, or a first or second suspension or restriction of a right or
			 privilege (if less than ten working days in any month), is not a "disciplinary
			 action" for the purposes of mandatory reporting to the Committee.
Internship Program
: a clinical program
				in acupuncture which provides clinical training.
License
:an acupuncture license that
				the Committee issues to a person pursuant to the requirements of M.G.L. c. 112,
				§§ 148 through 162 and the acupuncture regulations, which authorizes
				the person to practice acupuncture.
Licensure Examination
: the examination
				required by the Committee pursuant to M.G.L. c. 112, § 154. As of January
				1, 2009, this examination will be the NCCAOM examination.
NCCAOM
: the National Certification
				Commission for Acupuncture and Oriental Medicine.
The Practice of Acupuncture
: the
				practice of medicine based upon traditional oriental medical theories;
				primarily the insertion of metal needles through the skin at certain points on
				the body, with or without the use of herbs, with or without the application of
				electric current, and with or without the application of heat to the needles,
				skin, or both, in an attempt to relieve pain or improve bodily function.
				Electroacupuncture, whether utilizing electrodes on the surface of the skin or
				current applied to inserted needles, and laser acupuncture are considered the
				practice of acupuncture.
(a)
			 Acupuncture shall include, but not be limited to:
1. Auricular, hand, nose, face, foot and/or
			 scalp acupuncture therapy;
2.
			 Stimulation to acupuncture points and channels by use of any of the following:
a. Needles, moxibustion, cupping, thermal
			 methods, magnets, gwua-sha, scraping techniques, acupatches, herbal poultices,
			 ion cord linking acupuncture devices with wires, hot and cold packs, TDP
			 (electromagnetic wave therapy) and lasers.
b. Manual stimulation, including stimulation
			 by an instrument or mechanical device that does not pierce the skin, massage,
			 acupressure, reflexology, shiatsu and tuina.
c. Electrical stimulation including
			 electro-acupuncture, percutaneous and transcutaneous electrical nerve
			 stimulation.
(b) Acupuncture diagnostic technique shall
			 include but not be limited to the use of observation, listening, smelling,
			 inquiring, palpation, pulses, tongue, physiognomy, five element
			 correspondences, ryodoraku, akabani, German electro-acupuncture, Kirlian
			 photography and thermography.
(c)
			 The needles used in acupuncture shall be solid filiform instruments which shall
			 include but not be limited to: dermal needles, plum blossom needles,
			 pressneedles, prismatic needles and disposal lancets. The use of staples in the
			 practice of acupuncture shall be prohibited.
(d) Adjunctive therapies shall include but
			 not be limited to:
1. oriental nutritional
			 counseling, herbology, and the recommendation of nonprescription substances
			 which meet the Food and Drug Administration labeling requirements as dietary
			 supplements to promote health.
2.
			 recommendation of breathing techniques and therapeutic exercises; and
3. lifestyle, behavioral, supportive,
			 educational and stress counseling.
TOEFL
: Test of English as a Foreign
				Language, administered by the Educational Testing Service.
TOEIC
: Test of English for
				International Communication, administered by the Educational Testing
				Service.
TSE
: Test of Spoken English,
				administered by the Educational Testing Service.