reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 10.00 - Definitions and Severability › Section 10.02 - Severability

Current through Register 1525, July 5, 2024
The provisions of 244 CMR 10.00 are severable. If any provision
				therein is declared unconstitutional or invalid by a court of competent
				jurisdiction, the validity of the remaining portions shall not be
				affected.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 2.00 - Purpose, Definitions and Severability › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
245 CMR governs the licensure and practice of Nursing Home Administrators in Massachusetts by establishing the eligibility and licensure requirements and by establishing the standards of conduct for the practice of Nursing Home Administrators in the Commonwealth.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 2.00 - Purpose, Definitions and Severability › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
For purposes of 245 CMR the terms listed in 245 CMR 2.02 have the following meanings:
Board
. The Board of Registration of Nursing Home Administrators established by M.G.L. c. 13, § 73.
Board-approved Licensing Examination
. The Nursing Home Administrator Examination offered by NAB.
NAB
. The National Association of Long Term Care Administrator Boards.
Nursing Home
. Any "nursing facility", as defined by the Health Care Financing Administration of the United States Department of Health and Human Services, and/or any other institution or facility which provides nursing care and has been licensed by the Commonwealth of Massachusetts pursuant to M.G.L. c. 111, § 71.
Nursing Home Administrator
means any person charged with the general administration of a nursing home, licensed as such by the Board in accordance with the provisions of M.G.L. c. 112, § 108.
Nursing Home Administrator-in-training (AIT)
. A person registered as such with the Board.
Person
. An individual and does not mean an association of individuals or a legal entity.
Skilled Nursing Facility
. A facility that meets the definition in § 1819(a) of the Social Security Act ( 42 U.S.C. 1395i-3(a) ).
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 2.00 - Purpose, Definitions and Severability › Section 2.03 - Severability

Current through Register 1525, July 5, 2024
The provisions of 245 CMR are severable. If any provision of 245 CMR is declared unconstitutional or invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 3.00 - Licensure › Section 3.02 - Pre-licensure Completion of an Administrator in Training Program

Current through Register 1525, July 5, 2024
To qualify for licensure, an applicant must have either completed a Board approved training program that meets the requirements of 245 CMR 3.02(1) (AIT program) or have obtained credit for completion of an AIT program in accordance with 245 CMR 3.02(3).
(1)
AIT Program Requirements
.
(a)
Facility
. An AIT program shall take place at a skilled nursing facility which has the capacity of at least 50 nursing beds.
(b)
Preceptor
. An AIT program must be conducted under the direct supervision of a preceptor who:
1. holds a current license to practice as a nursing home administrator issued by the Board that is in good standing;
2. has practiced as a full-time nursing home administrator for at least five years immediately preceding the preceptorship; and
3. serves as the full-time administrator at the facility where the training will take place, except as may be otherwise approved by the Board.
(c)
Study-plan
. The AIT and the preceptor must prepare a clinical training experience study plan that:
1. integrates the AIT's education and clinical practice;
2. acquaints the AIT with the particular patient population, the clinical health professionals in the field of long-term health care and the range of service programs offered in the facility;
3. provides the AIT with tutorial education and training in the specific competencies to function as a nursing home administrator.
(d)
Agreement
. The AIT and the preceptor must enter into a written agreement that specifies, at a minimum:
1. Duration of the AIT program;
2. Responsibilities to be fulfilled by the preceptor and the AIT;
3. Frequency of preceptor and applicant meetings, which may be no less than weekly;
4. Manner in which the preceptor will monitor the AIT's progress;
5. Report by the preceptor to the Board at three month intervals evaluating the AIT's performance during the prior three months.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 3.00 - Licensure › Section 3.03 - Requirements for Licensure

Current through Register 1525, July 5, 2024
(1)
Qualifications
. An applicant for licensure as a Nursing Home Administrator must be at least 18 years of age, of good moral character, and suitable and fit to be licensed and practice as a nursing home administrator. In addition, an applicant must obtain a passing score on the Board-approved Licensure Examination and meet one of the following criteria:
(a) Completion of a Board-approved AIT program of at least three months duration and a Master's Degree, or higher degree, from a graduate school of health care administration or business or management, accredited by a Board-approved accrediting agency. The degree must be in one of the following fields:
1. Gerontology;
2. Health Care Management;
3. Health Care Administration;
4. Health Services Administration;
5. Public Health, with a concentration in administration; or
6. Human Services Administration.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 3.00 - Licensure › Section 3.04 - License by Reciprocity

Current through Register 1525, July 5, 2024
The Board may approve the application for licensure of a Nursing Home Administrator licensed in another jurisdiction, provided the applicant demonstrates the licensure requirements in the foreign jurisdiction are substantially similar to those in Massachusetts by submitting to the Board:
(1) Verification from each foreign jurisdiction in which the applicant holds any type of license the applicant's license(s) are (is) in good standing;
(2) Verification the applicant has obtained a passing score on the Board-Approved Licensing Examination; and
(3) Verification the applicant has successfully completed or obtained credit for an AIT program in the foreign jurisdiction that the Board determines to be substantially equivalent to an AIT program meeting the requirements of 245 CMR 3.02.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 3.00 - Licensure › Section 3.05 - Mandatory Training as a Condition of Licensure

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 112, § 264, applicants and licensees shall participate in domestic violence and sexual violence training as a condition for licensure, renewal, or reinstatement of licensure.
(2) The Board, in consultation with the Department of Public Health, will identify programs or courses of study meeting the standards required by 245 CMR 3.05 and provide its licensees with a list of such programs or courses.
(3) An applicant for renewal, revival or reinstatement of licensure who has previously completed a program or course approved by the Board shall not be required to participate in a subsequent program or course of domestic violence and sexual violence training except where the Board, in its discretion, requires completion of such a program or course as a condition of renewal, revival or reinstatement of licensure.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 3.00 - Licensure › Section 3.06 - License Renewal

Current through Register 1525, July 5, 2024
(1) Each Nursing Home Administrator shall renew his or her license each year on or before June 30th. A Nursing Home Administrator who fails to renew his or her license before the expiration date shall no longer be authorized to practice until the license is renewed. A Nursing Home Administrator who continues to practice after the expiration date may be subject to disciplinary action by the Board
(2) A licensed Nursing Home Administrator who meets the continuing education requirements in 245 CMR 3.00 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.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 3.00 - Licensure › Section 3.07 - License Retirement

Current through Register 1525, July 5, 2024
(1) A licensee who meets the eligibility requirements in 245 CMR 3.07(2) may submit a petition to the Board to request his or her license be placed on retired status. A retired status is a nondisciplinary license status. The Board may 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 the licensee:
(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, the licensee intends to permanently retire from active practice in the Commonwealth and in all other jurisdictions.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 4.00 - Continuing Education › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 245 CMR 4.00 is to describe the continuing education requirement for license renewal. Continuing education is designed to maintain a Nursing Home Administrator's professional competence and to promote the highest standards of professional practice.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 4.00 - Continuing Education › Section 4.02 - General Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) Every Nursing Home Administrator shall complete a minimum of 20 contact hours of continuing education per annual license renewal period.
(2) A Nursing Home Administrator licensed pursuant to 245 CMR 3.03:
Requirements for Licensure
is exempt from the requirements of 245 CMR 4.02(1) during the first license renewal period.
(3) Continuing education may not be carried over from one renewal cycle to the next.
(4) Continuing education required by a consent agreement or Board order shall not be used to satisfy the continuing education requirement for license renewal.
(5)
Computation
.
(a) 50 consecutive clock minutes of academic course work, online or correspondence course, or seminar/workshop is equivalent to one contact hour. A fraction of a contact hour may be computed by dividing the clock minutes of the activity by 50 expressed as a decimal.
(b) One continuing education unit is equal to ten contact hours
(c) One academic semester hour is equal to 15 contact hours.
(d) One academic quarter hour is equal to 12 contact hours.
(e) Two hours (100 minutes) of clinical experience is equal to one contact hour.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 4.00 - Continuing Education › Section 4.03 - Criteria for Acceptance

Current through Register 1525, July 5, 2024
(1) A Nursing Home Administrator may earn continuing education contact hours for any of the following activities:
(a) Attending a graduate or undergraduate course at an institution accredited by the United States Department of Education or other organization approved by the Board;
(b) Teaching a graduate or undergraduate course or seminar;
(c) Publishing a paper in a juried professional journal;
(d) Attending a course, program, seminar, conference, workshop, or similar educational event outside Massachusetts that has been approved for continuing education credit by NAB;
(e) Attending a course, program, seminar, conference, workshop, or similar educational event within Massachusetts presented, sponsored or approved by:
1. a state or federal agency that regulates the operation of nursing homes or oversees the provision of long term care services;
2. an education institution or professional organization that has been granted "approved" status by the Board pursuant to 245 CMR 4.03(4); or
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 5.00 - Professional and Ethical Standards of Conduct for Nursing Home Administrators › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
245 CMR 5.00 defines the standards of conduct for all Nursing Home Administrators licensed by the Board of Registration of Nursing Home Administrators.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 6.00 - Investigations, Complaints and Board Actions › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
245 CMR 6.00 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 › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 6.00 - Investigations, Complaints and Board Actions › Section 6.02 - 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 245 CMR 6.03;
(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 › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 6.00 - Investigations, Complaints and Board Actions › Section 6.04 - 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 constituting grounds for Board action; or
3. There may be sufficient evidence to support a finding that the licensee engaged in acts or omissions that constitute 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 › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 6.00 - Investigations, Complaints and Board Actions › Section 6.05 - Summary Suspension

Current through Register 1525, July 5, 2024
(1)
Purpose
. 234 CMR 6.05 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. 245 CMR 6.05 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 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 summarily suspending the license of a licensee.
Code of Massachusetts Regulations › 245 CMR - BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS › Title 245 CMR 6.00 - Investigations, Complaints and Board Actions › Section 6.06 - 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 the 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 › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 1.00 - PURPOSE AND DEFINITIONS › Section 1.01 - Purpose

Current through Register 1525, July 5, 2024
246 CMR 1.00 through
				3.00 is intended to establish
				standards and procedures for the licensure of optometrists and certification of
				such optometrists to use diagnostic and therapeutic pharmaceutical agents; set
				standards of professional practice and conduct for optometrists; and govern
				disciplinary actions taken against Optometrists or License
				Applicants.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 2.00 - EXAMINATION AND LICENSURE; CERTIFICATION FOR USE OF DIAGNOSTIC AND THERAPEUTIC PHARMACEUTICAL AGENTS › Section 2.01 - Licensure Provisions

Current through Register 1525, July 5, 2024
(1)
Methods of Obtaining a License
. A Person may obtain a
			 License to practice Optometry by either of the following methods:
(a) by clinical and written examination;
			 or
(b) by endorsement based upon a
			 license issued by another jurisdiction recognized by the Association of
			 Regulatory Boards of Optometry.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 2.00 - EXAMINATION AND LICENSURE; CERTIFICATION FOR USE OF DIAGNOSTIC AND THERAPEUTIC PHARMACEUTICAL AGENTS › Section 2.02 - Certification for Use of Diagnostic Pharmaceutical Agents (DPAs)

Current through Register 1525, July 5, 2024
(1)
Methods of Obtaining a Certificate of Qualification in the
			 Utilization of DPAs
. To obtain a certificate of qualification in
			 the utilization of DPAs, licensees or applicants for licensure shall submit to
			 the Board evidence of the completion of the education and examination required
			 under M.G.L. c. 112, § 68A. Such evidence shall include, but not be
			 limited to:
(a) satisfactory proof of
			 graduation from a School or College of Optometry after January 1, 1984;
			 or
(b) satisfactory proof of
			 licensure in another jurisdiction with equivalent licensure standards to those
			 of the Commonwealth granting the licensee or applicant authority to utilize
			 DPAs.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 2.00 - EXAMINATION AND LICENSURE; CERTIFICATION FOR USE OF DIAGNOSTIC AND THERAPEUTIC PHARMACEUTICAL AGENTS › Section 2.03 - Certification for Use of Therapeutic Pharmaceutical Agents (TPAs)

Current through Register 1525, July 5, 2024
(1)
Methods of Obtaining Certification for Use of TPA
. To
			 obtain a certificate of qualification in the utilization of TPAs, licensees or
			 applicants for licensure shall submit to the Board evidence of the completion
			 of the education and examination required under M.G.L. c. 112, § 68B. Such
			 evidence shall include, but not be limited to:
(a) Satisfactory proof of graduation from a
			 School or College of Optometry after January 1, 1994; or
(b) Satisfactory proof of licensure in
			 another jurisdiction with equivalent licensure standards to those of the
			 Commonwealth granting the licensee or applicant authority to utilize
			 TPAs.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.01 - Minimum Procedures for Comprehensive Eye Examination and Contact Lens Evaluation

Current through Register 1525, July 5, 2024
(1)
Minimum Procedures for Comprehensive Eye Examination
.
			 Except when sound professional judgement dictates otherwise, a comprehensive
			 eye examination shall include the following minimum procedures, the findings of
			 which shall be clearly and legibly recorded in the patient's case record:
(a) an adequate medical and ocular
			 history;
(b) measurement of the
			 visual acuity for each eye, for both distance and close range;
(c) an examination for the health of the
			 external ocular adnexa, utilizing at least magnification or
			 microscopy;
(d) an examination of
			 the health of the internal ocular media, utilizing at least ophthalmoscopy and
			 microscopy or magnification;
(e) an
			 objective refractive measurement of each eye;
(f) an evaluation of the extraocular muscle
			 function, including motility studies and binocular status;
(g) an examination of the peripheral fields;
(h) measurements of intraocular
			 pressure; and
(i) any other tests
			 and procedures that may be indicated by the patient's medical or ocular history
			 or objective signs or symptoms discovered during the examination.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.02 - Patient Records

Current through Register 1525, July 5, 2024
(1)
Required Contents
. An Optometrist shall establish and
			 maintain an adequate, legible, and accurate written or electronic case record
			 for each patient. Such case records shall be maintained for a period of not
			 less than seven years from the date of the patient's last visit. Provided,
			 however, that in the case of minor patients, the case records shall be
			 maintained for a period of not less than seven years from the date of the
			 patient's last visit or until the minor patient reaches 18 years of age,
			 whichever is longer. Each case record shall, at a minimum, contain all of the
			 following information:
(a) The name, address,
			 telephone number, and date of birth of the patient to whom the record
			 pertains;
(b) The date of each
			 examination or patient procedure, and the results of all procedures performed
			 at each such examination or patient procedure;
(c) The date of each contact lens evaluation
			 performed, and the results of all procedures performed at each such contact
			 lens evaluation, including but not limited to all procedures required by
			 246
			 CMR 3.01(2);
(d) Written documentation of the name and
			 strength of any and all DPAs or TPAs administered to the patient's eye(s)
			 during the course of any vision analysis, contact lens evaluation or other
			 examination;
(e) Any and all
			 information concerning prescriptions written for the patient; and
(f) Diagnosis, treatment, and recommended
			 management.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.03 - Employment or Practice Settings

Current through Register 1525, July 5, 2024
(1) An
			 Optometrist may only practice in one or more of the following settings:
(a) in his or her own private
			 office;
(b) in the office of
			 another Optometrist;
(c) in the
			 practice of an ophthalmologist;
(d)
			 in a Health Maintenance Organization (HMO);
(e) in a group medical practice;
(f) in a school, college or
			 university;
(g) in a hospital or
			 long term care facility;
(h) in a
			 non-profit clinic approved by the Board; or
(i) in an industrial establishment not open
			 to the public which provides optometric services to its employees and their
			 families.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.04 - Establishment of Offices

Current through Register 1525, July 5, 2024
(1)
Principal Office
.
(a)
			 Prior to engaging or re-engaging in the practice of Optometry, each Optometrist
			 shall notify the Board, in writing, of the address of his or her "principal
			 office".
(b) The principal office
			 shall be:
1. The office at which he or she
			 conducts the majority of his or her professional practice; or
2. For an Optometrist whose practice consists
			 exclusively of visits to hospitals, nursing homes, and/or private residences
			 for the examination and treatment of patients at such locations, the principal
			 office shall be the address at which said Optometrist maintains his or her
			 equipment and case records. Said Optometrist shall, upon request of the Board,
			 provide satisfactory proof of his or her ability to provide adequate
			 professional care and the availability of appropriate equipment.
(c) Said principal office shall be
			 subject to inspection by a duly-authorized representative of the Board, in
			 accordance with
			 246 CMR
			 3.05.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.05 - Required Equipment; Office Inspections

Current through Register 1525, July 5, 2024
(1) Each office maintained for the practice
			 of Optometry, whether classified as a principal office or as a branch office,
			 shall have, at a minimum, all of the equipment for all of the services rendered
			 at that location to meet the standard of care required by those services. The
			 equipment shall be in proper working order and shall include but not be limited
			 to:
(a) a business telephone number;
(b) a refractor, or its equivalent;
(c) an instrument suitable for measuring the
			 radius of curvature of the cornea;
(d) an instrument suitable for evaluating the
			 internal eye;
(e) an instrument
			 suitable for evaluating the objective measurement of the refractive
			 era;
(f) a lensometer, or other
			 suitable instrument for measuring the power of ophthalmic and contact
			 lenses;
(g) a distance or direct
			 reading chart;
(h) a near reading
			 chart;
(i) a tonometer or other
			 suitable instrument for measuring intraocular pressure;
(j) a slit lamp biomicroscope or other
			 suitable equivalent instrument for magnified inspection of the anterior segment
			 of the human eye;
(k) a visual
			 field testing device which will measure a minimum of 30 E of central
			 field;
(l) a suitable stereo vision
			 testing device;
(m) a color vision
			 testing device; and
(q) a sink
			 with hot and cold running water in or immediately adjacent to the main
			 examining room, and in or immediately adjacent to any additional room where
			 contact lenses are handled. Any deviation from this arrangement must be
			 approved by the Board in writing.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.06 - Sharing of Fees

Current through Register 1525, July 5, 2024
(1) An Optometrist
			 shall not practice Optometry under any lease, contract or other arrangement
			 whereby any Person or establishment not duly authorized to practice Optometry
			 shares directly in any fees received in connection with said practice of
			 Optometry.
(2) An Optometrist shall
			 not receive remuneration in any form of monies, preferential leases, equipment
			 or supplies from any Person or corporation active in the optical industry
			 except in an industrial practice not open to the general public. A preferential
			 lease is one which deviates from other leases in the same area or market place,
			 and is granted with an obligation on the part of the Optometrist to share
			 directly or indirectly with the lessor any fees from his or her professional
			 practice of Optometry.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.07 - Use of Name and Degree

Current through Register 1525, July 5, 2024
(1) An
			 Optometrist shall practice under his or her name as shown on the certificate of
			 registration, whether or not practicing under a corporate or group name. He or
			 she shall utilize the designation of "optometrist" or his or her professional
			 degree when engaging in the practice of Optometry. Such name shall be legible
			 and visible to those entering the office.
(2) By way of example only, the Board
			 considers the following titles to be lawful:
(a) John Doe, O.D.
(b) John Doe, Optometrist
(c) Dr. John Doe, Optometrist
(d) Doctor John Doe, Optometrist
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.08 - Succession in Practice

Current through Register 1525, July 5, 2024
(1) An
			 Optometrist may use the office identification and telephone listing of another
			 Optometrist who is retired, deceased, or has otherwise discontinued the
			 practice of Optometry.
(2) The
			 Optometrist taking over a former practice shall notify all patients of the
			 former practice in writing that he or she is succeeding the Optometrist who is
			 retired, deceased or has otherwise discontinued the practice of
			 Optometry.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.09 - Verification and Quality of Dispensed Materials

Current through Register 1525, July 5, 2024
(1) An Optometrist shall not use or dispense
			 any ophthalmic lenses or materials which are not first quality, as defined by
			 the American National Standards Institute in Sections Z80.1 and
			 Z80.2.
(2) An Optometrist shall
			 take necessary measures to ensure all prescription materials are verified by
			 the Optometrist, or a Person over whom he or she has direct supervision, prior
			 to his or her dispensing.
(3) Prior
			 to the initial dispensing of contact lenses when first fitting the patient, and
			 at all such times as sound professional judgement otherwise requires, the
			 patient shall be instructed as to lens handling, including insertion and
			 removal, lens care, and hygiene.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.10 - Proper Identification

Current through Register 1525, July 5, 2024
(1) No
			 Optometrist shall represent himself to the public as someone other than an
			 Optometrist. No designation shall be used which would confuse the nature of the
			 Optometrist's licensed practice.
(2)
Required
			 Postings
.
(a)
Display of License
. Every Optometrist shall at all
			 times keep a copy of his or her current License conspicuously displayed at all
			 sites where he or she regularly practices.
(b)
Display of Optometrist's
			 Name
. The Optometrist shall cause to be placed or kept in a
			 conspicuous place at each location where the Optometrist renders services, the
			 name of all Optometrists providing services at that location.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.11 - Advertising

Current through Register 1525, July 5, 2024
(1) An Optometrist
			 shall not engage in:
(a) Advertising which is
			 false, deceptive or misleading;
(b)
			 Advertising which offers gratuitous services, in violation of M.G.L. c. 112,
			 § 73A; or
(c) Advertising
			 which is not in accordance with applicable law, including, but not limited to,
			 M.G.L. c. 112, § 73A; M.G.L. c. 266, §§ 91, 91A, 91B; M.G.L. c.
			 93, § 1
et seq
.; and the Attorney General's regulations
			 at
			 940 CMR
			 3.00:
General Regulations
and 6.00:
Retail Advertising
.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.12 - Inspections

Current through Register 1525, July 5, 2024
(1) Optometrists
			 are subject to inspections performed by the Board or its duly authorized agent
			 and must cooperate with such inspections.
(2) Such inspections may be performed by the
			 Board or it duly authorized agent:
(a) To
			 confirm that such offices have proper sanitary facilities and are maintained in
			 a clean and sanitary manner;
(b) To
			 confirm that all equipment required by
			 246 CMR
			 3.05 is properly maintained at each such
			 office;
(c) To confirm that the
			 name and title of the Optometrist and his or her licensed associates or
			 licensed employees are properly displayed as required by
			 246 CMR
			 3.07(1);
(d) To confirm that the Optometrist is
			 practicing Optometry in accordance with applicable statutes and 246
			 CMR.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.13 - Responsibility for Acts and Omissions of Employees

Current through Register 1525, July 5, 2024
An Optometrists shall be responsible for all Optometry services
				provided to Persons being served by him or her, or by any of his or her agents
				or employees, and shall be responsible for any and all acts or omissions of
				such agents or employees.
Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.14 - Board Notification of Change in Name or Address

Current through Register 1525, July 5, 2024
The Optometrist shall notify the Board of any change in his or
				her name, home address, or change in his or her business address. In addition,
				the Optometrist shall notify the Board of all of the locations at which he or
				she is currently working, including if he or she works at multiple offices,
				clinics, or settings. Such notification shall be in writing and shall be
				submitted within 30 days of the change in name or address.
Code of Massachusetts Regulations › 247 CMR - BOARD OF REGISTRATION IN PHARMACY › Title 247 CMR 3.00 - Personal Registration Requirements › Section 3.01 - Examination for Licensure as a Pharmacist

Current through Register 1525, July 5, 2024
In order to be licensed as a pharmacist by examination by the Board, an applicant must meet the requirements set forth in 247 CMR 3.01.
(1) A graduate of an ACPE-accredited and Board-approved college/school of pharmacy shall be eligible for examination for licensure as a pharmacist provided the applicant:
(a) is 18 years of age or older by the scheduled date of the examination applied for;
(b) has earned a doctor of pharmacy degree from a college/school of pharmacy accredited by the ACPE or approved by the Board;
(c) has completed a pharmacy internship in accordance with 247 CMR 8.01(1); and
(d) is of good moral character.
Code of Massachusetts Regulations › 247 CMR - BOARD OF REGISTRATION IN PHARMACY › Title 247 CMR 3.00 - Personal Registration Requirements › Section 3.02 - Licensure by Reciprocity

Current through Register 1525, July 5, 2024
The Board may grant licensure as a pharmacist to an applicant who furnishes proof satisfactory to the Board that the applicant has been licensed by examination in another state or jurisdiction and that the applicant is in good standing in all states where the applicant holds a license, provided that such other state or jurisdiction requires a degree of competency equal to that required of applicants in Massachusetts, and provided further that the Board recognizes the other state or jurisdiction for purposes of licensure by reciprocity.
An applicant who seeks licensure by reciprocity from the Board shall submit a preliminary application to NABP for license transfer, NABP, as agent of the Board, will conduct the preliminary evaluation of an applicant's qualifications for licensure by reciprocity.
(1)
General Requirements
.
(a) Whenever an applicant has been notified by NABP that the applicant does not meet the requirements for licensure by reciprocity, the applicant may in writing request the Board to review the basis of NABP's decision.
(b) The Board shall make the final determination of any applicant's eligibility to be registered as a pharmacist by reciprocity.
(c) A reciprocity application shall be valid for one year after the date of approval by NABP.
(d) All fees submitted to the Board in connection with an application for licensure by reciprocity, reviewed and acted upon by the Board, are nonrefundable.
Code of Massachusetts Regulations › 247 CMR - BOARD OF REGISTRATION IN PHARMACY › Title 247 CMR 3.00 - Personal Registration Requirements › Section 3.03 - Duplicate Certificate of Licensure

Current through Register 1525, July 5, 2024
To request a duplicate certificate of licensure (wallet card), a registrant shall submit a Board-approved form and required documentation. In the event that an original certificate of licensure is recovered after a duplicate certificate has been issued, the duplicate shall be promptly returned to the Board.
Code of Massachusetts Regulations › 247 CMR - BOARD OF REGISTRATION IN PHARMACY › Title 247 CMR 3.00 - Personal Registration Requirements › Section 3.04 - Licensure Retirement

Current through Register 1525, July 5, 2024
(1) A licensee who meets the eligibility requirements in 247 CMR 3.04(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 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;
(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 › 247 CMR - BOARD OF REGISTRATION IN PHARMACY › Title 247 CMR 4.00 - Personal Registration Renewal; Continuing Education Requirements › Section 4.02 - Personal Registration Expiration and Renewal

Current through Register 1525, July 5, 2024
(1) All personal registrations shall expire on December 31st of each even-numbered year and shall be renewed prior to January 1st of the following year if the registrant intends to continue his or her practice of pharmacy.
(2) A registrant who has not renewed his or her personal registration before the date of its expiration may renew such registration upon payment of an annual license fee, applicable back license fees, and a late fee as established by the Commissioner of Administration and Finance under M.G.L. c. 7, § 3B.
(3) Any practice of pharmacy by a registrant after the expiration of his or her personal registration shall constitute the unlicensed practice of pharmacy and shall be subject to any and all penalties established for such unlicensed practice of pharmacy.
(4) An applicant who has failed to renew his or her personal registration for a period of more than 60 days, and whose personal registration has not been suspended or revoked by the Board, may apply for a renewal of personal registration upon satisfying conditions imposed by the Board, which may include the completion of additional contact hours of continuing education.
(5) An applicant for personal registration renewal who has failed to renew his or her personal registration for more than two years, and whose personal registration has not been suspended or revoked by the Board, shall take and pass the Multistate Pharmacy Jurisprudence Examination and meet all other conditions as determined by the Board as a prerequisite to registration renewal.
(6) An applicant for personal registration renewal whose personal registration has been revoked or has been suspended for between six months and two years shall take and pass the Multistate Pharmacy Jurisprudence Examination and meet all conditions as determined by the Board as a prerequisite to registration renewal.
(7) An applicant for personal registration renewal whose personal registration has been revoked or suspended for more than two years shall take and pass the Multistate Pharmacy Jurisprudence Examination and meet all other conditions as determined by the Board, which may include taking and passing the NAPLEX, as a prerequisite to registration renewal.
(8) Pursuant to M.G.L. c. 112, § 1B(c), the personal registration of a registrant who is engaged in active service in the armed forces remains valid until 90 days following the release of the registrant from active duty. The continuing education requirement in 247 CMR 4.03 shall not apply to the biennial cycle immediately preceding December 31st of an even-numbered year if the registrant is engaged in active service after October 1st of that even-numbered year.
Code of Massachusetts Regulations › 247 CMR - BOARD OF REGISTRATION IN PHARMACY › Title 247 CMR 4.00 - Personal Registration Renewal; Continuing Education Requirements › Section 4.03 - Continuing Education Requirement

Current through Register 1525, July 5, 2024
(1) As set forth by M.G.L. c. 112, § 24A, each registered pharmacist seeking personal registration renewal shall complete continuing education as a condition precedent to such renewal.
(2) No registrant shall be eligible for renewal of a personal registration without completion of the requisite number of contact hours of continuing education for such renewal.
(3) A registrant seeking renewal of a personal registration shall submit to the Board with a renewal application a statement, signed under the penalties of perjury, that the applicant has satisfactorily completed a minimum of 40 contact hours of continuing education required for such renewal.
(4) Effective for the renewal period beginning January 1, 2015, a registrant seeking renewal of a personal registration must complete a minimum of 20 contact hours of continuing education each calendar year of the two-year renewal cycle.
(a) All registrants must complete at least two contact hours per calendar year in the area of pharmacy law;
(b) No more than 15 contact hours per calendar year acquired through home study and other mediated instruction may be applied toward the minimum of 20 contact hours per calendar year;
(c) A registrant who oversees or is directly engaged in the practice of sterile compounding or who practices in a pharmacy licensed pursuant to M.G.L. c. 112, § 39G or 39I, must complete at least five contact hours per calendar year of continuing education in the area of sterile compounding;
(d) A registrant who oversees or is directly engaged in the practice of complex non-sterile compounding or who practices in a pharmacy licensed pursuant to M.G.L. c. 112, § 39H must complete at least three contact hours per calendar year of continuing education in the area of complex non-sterile compounding; and
(e) A registrant who oversees or is engaged in the administration of vaccines must complete at least one contact hour of continuing education on the topic of immunizations during the two-year renewal cycle.
Code of Massachusetts Regulations › 247 CMR - BOARD OF REGISTRATION IN PHARMACY › Title 247 CMR 4.00 - Personal Registration Renewal; Continuing Education Requirements › Section 4.04 - Board Approval of Continuing Pharmacy Education

Current through Register 1525, July 5, 2024
(1) The Board may accept requests from providers for authorization to sponsor continuing pharmacy education programs. The Board may authorize the Executive Director, or the Executive Director's designee, to grant or deny requests for provider authorization and program approval based on Board approved criteria, provided that any denial may be reviewed by the full Board review as provided by 247 CMR 4.04(4).
(2) Each request for provider authorization, or program approval from an authorized provider, shall be submitted to the Board no less than 30 days in advance of the date of the proposed program's presentation.
(3) The Board shall notify providers submitting requests for authorization to sponsor an approved program, or seeking program approval, of the Board's decision to grant or deny such request for authorization or approval.
(4) A provider whose request for provider authorization or program approval is denied by the Executive Director, or the Executive Director's designee and who seeks further review of his of her request may appeal the decision to the full Board by a written petition submitted within 30 days of the notice of denial.
(5) A person or agency who submits documentation acceptable to the Board of having received current program approval from and being in good standing with either the Accreditation Council for Pharmacy Education ("ACPE") or the American Medical Association CME Category 1, shall be considered an authorized provider.