reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 2.00 - General Provisions › Section 2.06 - Board of Certification of Health Officers

Current through Register 1525, July 5, 2024
(1)
Organization
. For the purpose of 241 CMR 2.00, the Board of Certification of Health Officers shall be known as "the Board". The Board shall hold its annual meeting in the month of December at such time and place as it shall determine and shall organize and vote to elect a Chairman, a Vice-Chairman, and a Secretary who shall hold their respective offices until the next annual meeting.
(2)
Meetings
. The Chairman shall call meetings at such times as he deems advisable or necessary. The Vice-Chairman shall exercise the functions and perform the duties of the Chairman in his absence.
Upon request in writing of not less than three Board members, the Chairman or Vice-Chairman shall call a special meeting of the Board within a period of two weeks.
Notices of all meetings shall be sent to members one week prior to the date of the meeting. Such notice shall contain the hour, date and place of meeting. When necessity so dictates, such members may be called by phone, but in all instances written notices shall be sent.
(3)
Establishment of a Quorum
. At least five members must be present in order to constitute a quorum. In order that any motion may be carried, there shall be a majority vote.
(4)
Special Committees
. The Chairman may appoint any member or members of the Board to act as a special committee in order to carry out directives as assigned.
(5)
Vacancies
. In the event that a vacancy occurs on the Board, the Chairman or, in his absence the Vice-Chairman, shall notify the Director of the Division of Professional Licensure and the Executive Office of Consumer Affairs of such vacancy.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 3.00 - Certification As A Health Officer › Section 3.01 - Certification as a Health Officer

Current through Register 1525, July 5, 2024
No person shall be certified a Health Officer unless he shall have passed an examination conducted by the Board pursuant to 241 CMR 3.04. The Board shall issue a certificate to any individual who meets the required educational qualifications and passes a written examination. Said certification shall expire at the end of the calendar year and may be renewed on or before January 15th of the following year upon demonstration of completion of continuing education requirements as set forth in 241 CMR 3.00.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 3.00 - Certification As A Health Officer › Section 3.02 - Application for Examination

Current through Register 1525, July 5, 2024
(1)
Filing Procedure
. A health officer or other person desiring to be certified shall file an application with the Board at least 60 days preceding the date of a scheduled examination on an application form provided by the Board. Applications filed after the dead-line for a scheduled examination, or prior to the official scheduling of an examination, will be reviewed for the next examination. The application shall include, but not be limited to, demographic information, education, experience, transcripts, identifying photograph, and other documentary evidence as requested.
(2)
Documentary Evidence
. Official transcripts must be submitted to verify that the required educational qualifications have been met. Documentation may also be required to verify required experience.
(3)
Review of Applications
. The Board shall review applications and supporting documentation and determine the eligibility of the applicant for examination. All applicants designated as eligible by the Board shall be notified no less than 30 days before the scheduled examination date. An applicant designated ineligible by the Board shall receive an explanation in writing of why he was determined ineligible to take the examination.
(4)
Application Fee
. All applications shall be accompanied by a non-refundable fee, the amount of which is determined by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 3.00 - Certification As A Health Officer › Section 3.03 - Minimum Standards and Educational Qualifications for Admission to Examination

Current through Register 1525, July 5, 2024
Applicants shall meet one of the following qualifications from an accredited institution:
(1) Degree in Medicine: holder of a license to practice medicine in Massachusetts and one year of experience in a position requiring administrative responsibility for public health programs.
(2) Degree of Master of Public Health or its equivalent as defined by the Board and completion of one year of experience in a position requiring administrative responsibility for public health programs.
(3) A baccalaureate degree, recognized by the Board, signifying the completion of an undergraduate program, including or supplemented by a minimum of 30 semester hours (or their equivalent) in public health disciplines. The 30 hours (or equivalent) must be in at least two of the following disciplines: the biologic, environmental, sanitary or related sciences; public health emergency preparedness; health promotion and disease prevention; occupational health; public health and environmental law; infectious disease and surveillance, public health/human services management and administration, and one year of experience in a position requiring administrative responsibility for public health programs, as accepted by the Board.
(4) A baccalaureate degree, recognized by the Board, signifying the completion of an undergraduate program and successful completion of a public health self-study curriculum as defined by the Board; and two years of experience in a position requiring administrative responsibility for public health programs.
(5) Military experience that includes at least two years of training or work relating to public health emergency preparedness; health promotion and disease prevention; occupational health; public health and environmental law; infectious disease and surveillance; or public health/human services management and administration may be accepted in
lieu
of a baccalaureate degree at the Board's discretion.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 3.00 - Certification As A Health Officer › Section 3.04 - Examination

Current through Register 1525, July 5, 2024
(1)
Scheduling
. Examinations shall be held at least once a year.
(2)
Examination Format/Content
(a) Topics covered in the written multiple choice examination shall include: policies, practices and responsibilities of federal, state, local and voluntary public health programs, as well as general administrative and management procedures.
(b) Examinations shall be conducted in the English language.
(c) Time allowed for the examination shall be set forth in the instructions to examinees.
(d) The following examination rules shall be in effect, and violation of any rule shall be considered grounds for disqualification of the applicant:
1. Examinees will not be permitted the use of books or memoranda during examination.
2. The copying of questions or the making of notes relative thereto is prohibited during examination.
3. No one shall be permitted to remove copies of the examination from the examination room before or after the examination.
4. Examinees shall not leave the examination room for any reason unless accompanied by one or more proctors until they have returned to the person conducting the examination all examination papers and any other material relating thereto.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 3.00 - Certification As A Health Officer › Section 3.05 - Lapse of Certification

Current through Register 1525, July 5, 2024
(1) If a Certified Health Officer allows his or her certification to lapse, and submits an application for renewal within three years from the date of its expiration, said person may obtain renewal of his or her certification by submitting the renewal application, together with the required evidence of continuing education for the current renewal period and each missed renewal period, the appropriate fee for the current renewal period and missed renewal periods, and any late fee, as may be established by the Secretary of Administration and Finance, to the Board.
(2) If a Certified Health Officer allows his or her certification to lapse and does not submit an application for renewal within three years from the date of its expiration, he or she shall be treated as though he or she was applying for initial registration and shall be required to take and pass the examination for initial registration and pay all applicable fees.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 4.00 - Continuing Education Requirement › Section 4.01 - Establishment of Continuing Education Requirement

Current through Register 1525, July 5, 2024
(1) As a condition for license renewal, all Certified Health Officers shall have completed no less than 12 contact hours of continuing education during the one year period between certificate renewals. Effective January 1, 2018, a minimum of three contact hours each registration period must pertain to administration, management and leadership.
(2) Any certificate holder who is unable to complete the required number of continuing education contact hours shall not have his or her certificate renewed until he submits evidence satisfactory to the Board of completion of all required continuing education contact hours and pays all required fees.
(3) A Certified Health Officer seeking renewal of certification shall attest under penalty of perjury to completion of 12 contact hours of continuing education during the one year period between certification renewals.
(4) Health Officers certified for the first time may reduce the required number of continuing education contact hours directly in proportion to the quarters of time left in that certification cycle. A certification cycle consists of 12 months with three months equaling one quarter. Calculation of the remaining quarters in a certification cycle for continuing education purposes shall be exclusive of the quarter in which one receives notification of initial certification.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 4.00 - Continuing Education Requirement › Section 4.02 - Verification of Continuing Education Requirement

Current through Register 1525, July 5, 2024
(1) At the time of renewal of the certificate, the certificate holder may be required to file a form received from the Board with the renewal application listing information about all activities undertaken to fulfill continuing education requirements, including course names, dates, number of hours, signature of certificate holder, and names of institutions or programs providing the continuing education.
(2) The Board has the authority to request that the certificate holder verify the aforementioned information for a period not exceeding four years prior to the renewal of the certificate.
(3) The Certified Health Officer requested to submit evidence of qualifying courses shall submit a statement (or photocopy) which shall include the following information:
(a) name of school, institution, or organization conducting the course;
(b) location of course;
(c) title of course;
(d) dates attended;
(e) hours claimed;
(f) name or signature of authorizing individual.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 4.00 - Continuing Education Requirement › Section 4.03 - Standards for Continuing Education

Current through Register 1525, July 5, 2024
The following standards will assist the Certified Health Officer in selecting an appropriate program and the provider in planning and implementing continuing education programs. The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is that it be a planned program of learning which contributes directly to the professional competence of the Certified Health Officer.
(1)
Amount
.
(a) 50 consecutive clock minutes is equivalent to one contact hour.
(b) One continuing education credit unit (CEU) equals ten contact hours (1.2 continuing education credits required, or 12 contact hours).
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 4.00 - Continuing Education Requirement › Section 4.04 - Specific Conditions Regarding Continuing Education Requirement

Current through Register 1525, July 5, 2024
Certificate holders taking courses for the purpose of obtaining a baccalaureate or higher degree in public health, medicine, dentistry, veterinary medicine, nursing, emergency preparedness, community health, or the biological or sanitary sciences will be considered to have met the continuing education requirements specified in 241 CMR 4.00 provided such courses equal at least the required number of continuing education contact hours. Other academic degree programs may qualify at the discretion of the Board. These individuals must maintain transcripts of courses and hours for a period of four years prior to certificate renewal for purposes of verification.
Code of Massachusetts Regulations › 241 CMR - BOARD OF CERTIFICATION OF HEALTH OFFICERS › Title 241 CMR 4.00 - Continuing Education Requirement › Section 4.05 - Falsification of Credentials

Current through Register 1525, July 5, 2024
The falsification of reports of continuing education courses, seminars, workshops, and completed hours by any certificate holder shall be grounds to initiate formal adjudicatory proceedings to revoke the certificate.
Code of Massachusetts Regulations › 242 CMR - BOARD OF REGISTRATION OF LANDSCAPE ARCHITECTS › Title 242 CMR 3.00 - Policy Rules And Regulations › Section 3.01 - Scheduling and Conduct of Meetings

Current through Register 1525, July 5, 2024
The Board conducts both regular and special meetings, which are open to the public. At the first scheduled regular meeting of the calendar year, the Board elects a Chair, Vice-chair and Secretary from its members.
Code of Massachusetts Regulations › 242 CMR - BOARD OF REGISTRATION OF LANDSCAPE ARCHITECTS › Title 242 CMR 3.00 - Policy Rules And Regulations › Section 3.02 - Filing of Applications and Examination Administration

Current through Register 1525, July 5, 2024
(1) Applicants must submit an application to the Board for approval prior to beginning the examination process in Massachusetts.
(2) The course of study and degree referred to in M.G.L. c. 112, § 101(c) shall mean a degree in landscape architecture from an LAAB- or LAAC-accredited educational program.
(3) No member of the Board, during their tenure, shall permit their name to be used as a reference in connection with the filing of an application for registration as a Landscape Architect in the Commonwealth of Massachusetts.
(4) Applications for registration as a Landscape Architect will be received at any time during the regular business hours and shall be sent or delivered to the Board. Only those persons whose applications are complete shall be approved by the Board to take the examination.
(5) No application will be considered complete unless accompanied by the required fees, nor until all required supporting documents have been received by the Board. Application fees will not be refunded for any cause.
(6) When deemed by the Board necessary to demonstrate the applicant's eligibility under 242 CMR 3.02(6) of the law upon which the application is based, each applicant shall submit in support of his or her formal application, authentic proof of the statements made therein, by attaching documentary evidence, affidavits, registrar's statements, diplomas, published data, photographs, or other sworn or proven evidence.
(7) The Board reserves the right to retain, as a permanent part of the application, any or all documents submitted, which shall be properly marked for identification and ownership. Original documents may be replaced by photocopies of such documents, however, at the request and expense of the applicant.
(8) Personal appearance before the Board, if required, shall be at the time and place designated by the Board, and shall be at the applicant's expense.
(9) Failure, within 60 days from the date of written request from the Board, to provide additional evidence or information, or to appear before the Board when such appearance is deemed necessary by the Board, may be considered as just and sufficient cause for disapproval of the application.
(10) In consideration of applications for registration under M.G.L. c. 112, § 104, the Board reserves the right to require the applicant:
(a) to qualify by passing the regular written examination;
(b) to submit a satisfactory examination record from another state;
(c) and/or to pass such additional examination as, in the opinion of the Board, may be necessary to bring the applicant's qualifications up to the existing requirements of the Board.
Code of Massachusetts Regulations › 242 CMR - BOARD OF REGISTRATION OF LANDSCAPE ARCHITECTS › Title 242 CMR 3.00 - Policy Rules And Regulations › Section 3.03 - Processing of Applications

Current through Register 1525, July 5, 2024
(1) Each application shall be considered separately by the Board and shall be approved or rejected individually on a roll call vote. The affirmative vote of at least three of the five Board Members shall be required for approval or rejection of each application.
(2) The action of the Board shall be recorded both in the minutes of the meeting and upon the fact of the application, and the applicant shall be notified of the Boards' action promptly.
Code of Massachusetts Regulations › 242 CMR - BOARD OF REGISTRATION OF LANDSCAPE ARCHITECTS › Title 242 CMR 3.00 - Policy Rules And Regulations › Section 3.04 - Signing and Certifying Documents

Current through Register 1525, July 5, 2024
(1) For the purpose of certifying plans, specifications, reports, and other documents, the seal referred to in M.G.L. c. 112, § 100 may be either a metal embossing device, a rubber stamp or an electronically generated image, but the design, arrangement, size and wording of which shall conform exactly with the figure below except for insertion of the registrant's own name and registration number.
Click to view
				image
(2) Every registered Landscape Architect shall stamp or emboss the seal upon two sheets of letterhead and send the impression to the Board as evidence that they have complied with the requirement of acquiring a seal that conforms to the design authorized by the Board. Nonconforming seals will be rejected by the Board.
(3) All stamped or embossed plans, specifications, reports, and other documents shall also be signed and dated by the Landscape Architect.
(4)
								242 CMR 3.00, or any part of them, may be amended or rescinded only upon the affirmative vote of at least four-fifths of the Board Members.
Code of Massachusetts Regulations › 242 CMR - BOARD OF REGISTRATION OF LANDSCAPE ARCHITECTS › Title 242 CMR 3.00 - Policy Rules And Regulations › Section 3.05 - Definitions

Current through Register 1525, July 5, 2024
Evidence
shall be understood to mean acceptable and usable documentation required or submitted for consideration of the Board, and may include drawings, specifications, photographs, news items, advertisements, letters, listings, diplomas, awards, certificates, contracts, agreements, letterhead, invoices, signs, rental agreements, and certified personal statements. Each item of evidence shall be clearly marked to insure positive identification. It shall be the entire responsibility of the applicant to satisfy the Board as to the sufficiency of the Evidence.
Experience
shall be understood to mean employment in the practice of Landscape Architecture, as hereinbefore defined, under the direct supervision of a qualified individual registered and licensed to practice Landscape Architecture when so required by the laws of the state or country in which the work has been performed. Training, practice, and knowledge in allied fields (Architecture, Engineering, Horticulture, or Planning) may be submitted for evaluation by the Board, which may consider such related experience germane to the qualifications of the applicant as a Landscape Architect.
LAAB
shall mean the Landscape Architectural Accreditation Board of the American Society of Landscape Architects.
LAAC
shall mean the Landscape Architectural Accreditation Council of the Canadian Society of Landscape Architects.
Landscape Architect
,
Landscape Architecture
, and
Board
shall be as defined in M.G.L. c. 112, § 98.
Practice
shall be understood to mean the continuous rendering of Landscape Architectural services, as defined 242 CMR 3.05, as the principal occupation of the applicant. Ample proof of professional responsibility shall be part of the evidence necessary to establish a record of professional practice.
Code of Massachusetts Regulations › 242 CMR - BOARD OF REGISTRATION OF LANDSCAPE ARCHITECTS › Title 242 CMR 3.00 - Policy Rules And Regulations › Section 3.06 - Rules Relating to Examinations

Current through Register 1525, July 5, 2024
(1)
Content
. The Board has determined that the Council of Landscape Architectural Registration Boards (CLARB) is an agent of the Board and is responsible for administering the examination. The Board will approve and notify qualified applicants prior to the examination.
(2)
Grading
. Each examination will be graded by CLARB. Passing grades shall be consistent with the national standard established by CLARB for each examination administration. A license will be granted by the Board when a candidate has accumulated a passing score in each of the required sections. A candidate must successfully pass the entire licensing examination within five years from the date of approval for examination by the Board. Unsuccessful candidates must submit a new application to the Board and retake the entire examination.
Code of Massachusetts Regulations › 242 CMR - BOARD OF REGISTRATION OF LANDSCAPE ARCHITECTS › Title 242 CMR 3.00 - Policy Rules And Regulations › Section 3.07 - Qualifications of Applicants

Current through Register 1525, July 5, 2024
For the purposes of meeting the practical experience requirement referred to in M.G.L. c. 112, § 101(c) and required prior to receiving Board permission to sit for the examination, the Board requires that such professional experience:
(a) must be acquired while under the direct, on-site supervision of a licensed or registered landscape architect with at least ten years' experience practicing as a licensed or registered landscape architect;
(b) must be acquired after satisfying the educational requirement for candidates for licensure with a qualifying degree;
(c) must be acquired through working in an office for more than six months' full-time experience, or more than 1040 hours; and
(d) must be solely in the practice of landscape architecture, not in a related field, and must be diversified, meaning directly supervised practice related to most or all of the following:
1. project programming;
2. site and environmental analysis;
3. code research;
4. feasibility study drafting;
5. schematic design or design development;
6. cost estimation or project coordination;
7. drafting of layout, grading drainage, or planting plans;
8. section and detail drafting;
9. drafting specifications or obtaining permits or other approvals;
10. administering shop drawings or other submissions; and
11. field observation.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 1.00 - Disciplinary Proceedings For Physicians › Section 1.02 - 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, 200 Harvard
			 Mills Square, Suite 330, Wakefield, MA 01880.
(2)
(a)
Service
. The Board shall provide notice of its actions
			 in accordance with the Standard Adjudicatory Rules,
			 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
			 Board's action. Where
			 243 CMR 1.00 provides that the
			 Board must notify parties, service may be 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 Board. When a Hearing Officer has jurisdiction over an
			 adjudicatory proceeding, proper service by the Respondent includes filing
			 copies of all papers and exhibits with:
1.
			 the Board, care of its General Counsel;
2. the Hearing Officer assigned to the
			 adjudicatory proceeding; and
3. the
			 Associate Prosecutor 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 1.00 - Disciplinary Proceedings For Physicians › Section 1.03 - Disposition of Complaints and Statutory Reports

Current through Register 1525, July 5, 2024
(1)
Initiation
. Any
			 person, organization, or member of the Board may make a complaint to the Board
			 which charges a licensee with misconduct. A complaint may be filed in any form.
			 The Board, in its discretion, may investigate anonymous complaints.
(2)
Complaint
			 Committee
. The Board may establish a committee known as the
			 Complaint Committee to review complaints charging a licensee with misconduct.
			 If the Committee or a Board Investigator determines that a communication does
			 not relate to any of the matters set forth in 243 CMR 1.03(5), the committee or
			 the investigator may refer the communication to the proper authority or
			 regulatory agency.
(3)
(a)
Preliminary
			 Investigation
. A Board Investigator shall conduct such preliminary
			 investigation, including a request for an answer from the licensee, as is
			 necessary to allow the Complaint Committee to determine whether a complaint is
			 frivolous or lacking in either 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 merit or factual basis,
			 the anonymous complaint shall not be docketed, shall be filed in a general
			 correspondence file, and shall remain confidential.
(b)
Subsequent Inquiry,
			 Investigation
. After receipt and review of a complaint, if the
			 Complaint Committee determines that the complaint is frivolous or lacking in
			 either legal merit or factual basis, it may close the complaint. The Committee
			 shall notify the person who made the communication of its determination and the
			 reasons for it. As to other complaints, the Committee 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 1.00 - Disciplinary Proceedings For Physicians › Section 1.04 - Adjudicatory Hearing

Current through Register 1525, July 5, 2024
After the Board issues a Statement of Allegations, the Board
				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 1.00 - Disciplinary Proceedings For Physicians › Section 1.05 - Final Decision and Order and Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1)
In
			 General
. Every Final Decision and Order of the Board requires the
			 concurrence of at least four members, or of a majority of the Board if it has
			 more than one vacancy. If the Hearing Officer is a member of the Board, his or
			 her vote counts in the event the Board is not otherwise able to reach a final
			 decision.
(2)
Sanctions
. In disposition of disciplinary charges
			 brought by the Board, the Board may revoke, suspend, or cancel the certificate
			 of registration, or reprimand, censure, impose a fine not to exceed $10,000 for
			 each classification of violation, require the performance of up to 100 hours of
			 public service, in a manner and at a time and place to be determined by the
			 Board, require a course of education or training or otherwise discipline or
			 limit the practice of the physician. A reprimand is a severe censure.
(3)
Nature and Effect,
			 Generally
. Any order of the Board which imposes a sanction as a
			 result of a disciplinary action is effective immediately, unless the Board
			 orders otherwise.
(a)
Suspension
. A licensee whose certificate is suspended
			 for a period of time is automatically reinstated upon expiration of the
			 suspension period.
(b)
Revocation
. The cancellation or revocation of a
			 certificate of registration is effective for at least five years, unless the
			 Board orders otherwise. Reinstatement thereafter may be granted or denied in
			 the Board'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 2.00 - Licensing and the practice of medicine › Part 1 - LICENSING › Section 2.02 - Initial Licensure for Graduates of Medical Schools in the US, Canada, and Puerto Rico

Current through Register 1525, July 5, 2024
(1)
Prerequisites to Initial
				Licensure
. The Board shall determine whether an applicant is
				qualified, competent and of good moral character to hold a full active license to
				practice medicine. In order to qualify for a full medical license, an applicant
				shall meet all of the following minimum requirements for licensure:
(a) Be 18 years of age or older;
(b) Possess Good Moral Character;
(c) Have Premedical Education as described in
				243 CMR 2.02(2)(a);
(d) Have a
				Medical School Education as described in either 243 CMR 2.02 or
				2.03;
(e) Have Postgraduate Medical Training as
				described in either 243 CMR 2.02 or
				2.03;
(f) Pass a Professional Examination as
				described in 243 CMR 2.02(3) or (4);
(g) Complete Pain Management Training, as
				described in M.G.L. c. 94C, § 18;
(h) Participate in a Risk Management Program as
				described in M.G.L. c. 112, § 5;
(i) Agree to refrain from balance billing
				Medicare recipients, if the applicant has agreed to treat Medicare recipients, as
				provided in M.G.L. c. 112, § 2;
(j) Sign and swear to the contents of his or
				her Licensing Application;
(k) Pay a
				registration fee, as described in
				243 CMR 2.05(1)
				 and
				801 CMR
				4.02(243);
(l) Demonstrate Proficiency in Electronic
				Health Records, as required by M.G.L. c. 112, § 2;
(m) Obtain professional liability malpractice
				insurance of at least $100,000/$300,000 coverage amounts, as provided in
				243 CMR
				2.07(16), if providing patient
				care in the Commonwealth;
(n) Certify
				that he or she is in compliance with the laws of the Commonwealth relating to
				taxes, the reporting of employees and independent contractors, and the
				withholding and remitting of child support, pursuant to M.G.L. c. 62C, §
				49A;
(o) Complete Domestic Violence
				and Sexual Violence Training;
(p)
				Apply for or participate in MassHealth, either as a provider of services or as a
				nonbilling provider for the limited purpose of ordering and referring services
				covered under MassHealth, and provided that regulations governing such limited
				participation are promulgated under M.G.L. c. 118E; and
(q) Complete Child Abuse and Neglect
				Training.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 1 - LICENSING › Section 2.04 - Licensing Application Provisions

Current through Register 1525, July 5, 2024
243 CMR 2.04 applies to all the Board's license applications,
				  unless otherwise specifically noted.
(1)
Application Forms
. Each applicant for licensure or
				renewal shall submit to the Board a completed application form, any additional
				information requested by the Board, and the applicable fee as determined by the
				Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B. The
				Board's licensure application forms, with the exception of its renewal
				application form, shall include, but are not limited to, requests for the
				following information:
(a) The applicant's name,
				date of birth, and home and principal business addresses; and
(b) A verification of the fact that the
				applicant has completed two years of premedical education, written on the
				official stationery of the college or university and signed by the dean or other
				appropriate official. If the school has an official seal, the written
				verification must be stamped with it. The requirements of this subdivision do not
				apply to applications for a temporary license; and
(c) A written verification of the applicant's
				attendance by month and year at a medical school, signed by the dean or other
				appropriate official. If the school has an official seal, the written
				verification must be stamped with it.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 1 - LICENSING › Section 2.05 - Miscellaneous Licensing Provisions

Current through Register 1525, July 5, 2024
(1)
License Fees
. Fees payable to the Board in the amount of $5.00 or more may be paid by personal check or money order drawn on a U.S. bank in U.S. funds. Fees payable in the amount of $5.00 or less may be paid by personal check. However, the Board may require any fee to be paid by certified check, money order, credit card or electronic fund transfer.
The Board's fee schedule for processing various documents is set by the secretary of administration and finance pursuant to M.G.L. c. 7, § 3B. Board licensing fees are located at 801 CMR 4.02(243). The application fee is nonrefundable.
(2)
Board Approval of Health Care Facility Affiliations
. The Board must approve by a majority vote the affiliations between health care facilities and physician training programs, if one of the affiliations is not an ACGME or AOA accredited program. In order to approve an affiliation, the Board must determine, among other factors, that the supervision available for training purposes is adequate. Limited licensees may rotate between teaching hospitals with three or more ACGME or AOA accredited programs without prior approval of the Board.
(3)
Procedure for Approval of Health Care Facility Affiliations
. The directors of the health care facilities and the physician training program seeking to affiliate must submit a written joint request to the Board for approval of the affiliation, at least 30 days in advance of when affiliation is sought. If the physician training program is ACGME or AOA accredited, a health care facilities affiliation agreement is not necessary.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 2 - THE PRACTICE OF MEDICINE › Section 2.07 - General Provisions Governing the Practice of Medicine

Current through Register 1525, July 5, 2024
243 CMR 2.07 addresses some issues relating to the practice of medicine by licensees. The
Practice of Medicine
is defined in 243 CMR 2.01(4).
(1)
Acupuncture
. Acupuncture is the practice of medicine and may be performed only by a full licensee or by an acupuncturist duly licensed and registered in the Commonwealth.
(2)
Interpretation of Blood Pressure Measurements
. The interpretation of blood pressure recordings by any method is the practice of medicine.
(3)
Standards Pertaining to the Practice of Medicine by Medical Students
. A full licensee may permit a medical student to practice medicine under his or her supervision and subject to the provisions of M.G.L. c. 112, § 9A. The full licensee's supervision of the medical student's activities must meet the following requirements:
(a) The full licensee requires that the medical student is identified as a medical student to each patient and informs patients that they have a right to refuse examination or treatment by the medical student.
(b) The full licensee ensures that the medical student practices medicine in accordance with accepted medical standards.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 2 - THE PRACTICE OF MEDICINE › Section 2.08 - Physician Assistants

Current through Register 1525, July 5, 2024
(1)
Definition of a Supervising Physician
. Supervising
				physician means a full licensee who supervises a physician assistant. A physician
				assistant's supervising physician may use a physician assistant to assist in the
				process of gathering data necessary to make decisions and institute patient care
				plans. A physician assistant may not supplant a licensee as the principal medical
				decision maker.
(2)
Physician Supervision of a Physician Assistant
. A full
				licensee must supervise the activities of a physician assistant. A supervising
				physician shall afford supervision adequate to assure that:
(a) The physician assistant provides medical
				services in accordance with accepted medical standards. 243 CMR 2.08 does not
				require the physical presence of the supervising physician whenever a physician
				assistant renders medical services.
(b) The physician assistant informs each
				patient that he or she is a physician assistant. A physician assistant renders
				medical services only under the supervision of a full licensee, except in
				life-threatening emergencies when no licensee is available.
(c) The physician assistant wears a name tag
				which identifies him or her as a physician assistant.
(d) The supervising physician reviews
				diagnostic and treatment information, as agreed upon by the supervising physician
				and the physician assistant, in a timely manner consistent with the patient's
				medical condition.
(e) On follow up
				care, hospital visits, nursing home visits, attending the chronically ill at
				home, and in similar circumstances in which the supervising physician has
				established a therapeutic regimen or other written protocol, the physician
				assistant checks and records a patient's progress and reports the patient's
				progress to the supervising physician. Supervision is adequate under 243 CMR
				2.08(2) if it permits a physician assistant who encounters a new problem not
				covered by a written protocol or which exceeds established parameters to initiate
				a new patient care plan and consult with the supervising physician.
(f) In an emergency, the physician assistant
				renders emergency medical services necessary to avoid disability or death of an
				injured person until a licensee arrives.
(g) When a supervising physician is unable or
				unavailable to be the principal medical decision maker, another licensed
				physician must be designated to assume temporary supervisory responsibilities of
				a physician assistant. The name and scope of responsibility for the physician
				providing the temporary supervision must be readily ascertainable from the
				records kept in the ordinary course of business which are available to patients.
				The supervising physician(s) of record is ultimately responsible for insuring
				that each task performed by a physician assistant is properly
				supervised.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 2 - THE PRACTICE OF MEDICINE › Section 2.10 - Advanced Practice Registered Nurse (APRN) Eligible to Engage in Prescriptive Practice

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 243 CMR 2.10 is to establish,
				pursuant to M.G.L. c. 112, §§ 80B, 80C, 80E, 80G, 80H and 80I and
				M.G.L. c. 94C, substantive standards governing the practice of medicine with
				respect to the supervision of Advanced Practice Registered Nurses (APRN) engaged
				in prescriptive practice. Such prescriptive practice is defined and regulated in
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
.
(2)
Advanced Practice Registered
				Nurses (APRN) Eligible to Engage in Prescriptive Practice
. The
				following APRNs are eligible to register with the Department of Public Health
				pursuant to M.G.L. c. 94C and the U.S. Drug Enforcement Administration to engage
				in prescriptive practice.
(a) A Certified Nurse
				Midwife (CNM) means a registered nurse authorized to practice as a certified
				nurse midwife by the Board of Registration in Nursing pursuant to M.G.L. c. 112,
				§§ 80B, 80C and 80G, and
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
. Written guidelines governing the practice
				of a nurse midwife engaged in prescriptive practice shall also comply with the
				requirements of M.G.L. c. 112, §§ 80C, and
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
.
(b) A Certified Nurse Practitioner (CNP) means
				a registered nurse authorized to practice as a certified nurse practitioner by
				the Board of Registration in Nursing, pursuant to M.G.L. c. 112, §§ 80B
				and 80E, and
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
.
(c) A Psychiatric Clinical Nurse Specialist
				(PCNS) means a registered nurse authorized to practice as a psychiatric clinical
				nurse specialist by the Board of Registration in Nursing, pursuant to M.G.L. c.
				112, § 80B and 80E, and
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
.
(d) A Certified Registered Nurse Anesthetist
				(CRNA) means a registered nurse authorized to practice as a nurse anesthetist by
				the Board of Registration in Nursing, pursuant to M.G.L. c. 112, §§ 80B
				and 80H, and
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
.
(e) A Clinical Nurse Specialist (CNS) means a
				registered nurse authorized to practice as a clinical nurse specialist by the
				Board of Registration in Nursing, pursuant to M.G.L. c. 112, § 80B, and
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 2 - THE PRACTICE OF MEDICINE › Section 2.11 - Physician Ownership Interests

Current through Register 1525, July 5, 2024
(1)
Physician Ownership in a For-profit Acute Care Hospital or
				HMO
. As required by M.G.L. c. 112, § 5M, a licensee shall
				report to the Board that he or she has an ownership interest in a for-profit
				acute care hospital, as defined in M.G.L. c. 111, § 25B, or a for-profit
				health maintenance organization, as defined in M.G.L. c. 111, § 25B. The
				licensee shall report to the Board the percentage of ownership interest he or she
				holds in relation to the total ownership interest in the for-profit entity.
(a) The licensee shall make an initial report
				of ownership interest to the Board within 30 days of acquiring such ownership
				interest.
(b) After the initial
				report, the licensee shall report the existence of the ownership interest and the
				ownership percentage biennially during the license renewal process.
(c) The licensee shall report a material change
				in his or her ownership interest to the Board within 30 days of the
				change.
(d) A licensee shall report
				to the Board when he or she ceases to have an ownership interest, within 30 days
				of ceasing to have an ownership interest.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 2 - THE PRACTICE OF MEDICINE › Section 2.13 - The Data Repository

Current through Register 1525, July 5, 2024
(1)
The
				Data Repository, Defined
. Pursuant to M.G.L. c. 112, § 5, the
				Board shall maintain a Data Repository to compile all reports filed under M.G.L.
				c. 112, §§ 5A through 5M, and reports filed under any other state or
				federal law or regulation requiring that information be reported to the Board,
				excluding Safety and Quality Reviews filed pursuant to M.G.L. c. 111 § 20.
				Mandated reports received in the Data Repository are confidential, unless
				otherwise required by law. The term
Data Repository
refers to the compilation of all mandated reports received by the Board. Data
				Repository Unit includes Board staff working with the Data Repository.
(3)
Referral to the Enforcement
				Division
. The Data Repository Unit shall oversee the referral of
				mandated reports received in the Data Repository. The Licensing Committee or its
				staff shall oversee the review of licensing materials filed under M.G.L. c. 112,
				§ 2 through 9B and shall oversee the referral to the Enforcement Division
				when appropriate. Mandated reports shall be reviewed according to the policies
				and procedures set bt the Board. Upon receipt of a mandated report, the Data
				Repository Unit shall record the date the report was received. Upon receipt of a
				mandated report, the Data Repository shall refer the report immediately to the
				Enforcement Division for docketing and review.
(a)
Physician
				Profiles
. The Data Repository Unit may assist the Board in its duty,
				pursuant to M.G.L. c 112, § 5, to collect certain information referred to as
				the
Physician Profile
, and to release this information
				to the public. The contents of a Physician Profile are determined by M.G.L. c.
				112, § 5 and are set forth in
				243 CMR
				2.15.
(b)
Profile Inquiry
. A
				licensee may ask the Board to review a claim of factual inaccuracy in a public
				profile. During the pendency of a profile inquiry, the Data Repository or Board
				staff may place the physician's profile on an administrative hold;
i.e
., the staff may temporarily remove the profile from public
				access until the claim of factual inaccuracy is resolved. When there is final
				resolution to the profile inquiry, the administrative hold on the physician's
				profile will be removed.
Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 2 - THE PRACTICE OF MEDICINE › Section 2.15 - The Physician Profile Program

Current through Register 1525, July 5, 2024
(1)
Purpose of the Program
. The Physician Profile Program,
				established by St. 1996, c. 307, provides for public access to information about
				physicians. This law, codified at M.G.L. c. 112, § 5, is also referred to as
				the Physician Profile Law. The Profiles Program is intended to give patients and
				consumers access to information on the education, training and clinical
				experience of all physicians holding or having held a full license.
(2)
Content of a
				Profile
. Pursuant to M.G.L. c. 112, § 5, the Board shall
				collect and maintain a public profile on each physician with a full, active or
				inactive license under M.G.L. c. 112, § 2. The Board shall create individual
				physician profiles on licensees and disseminate this information to the public.
				Pursuant to M.G.L. c. 112, § 5, the following information shall be on a
				public profile:
(a) for any criminal convictions
				for felonies and serious misdemeanors in all jurisdictions;
1. The Board shall determine what constitutes a
				"serious misdemeanor";
2. For the
				purposes of 243 CMR 2.15, a person shall be considered to be convicted of a crime
				if the person pleaded guilty or was found or adjudged guilty by a court of
				competent jurisdiction; and