reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 5.00 - Code Of Professional Ethics & Standards Of Ethical Practice › Section 5.01 - Code of Professional Ethics

Current through Register 1525, July 5, 2024
A Massage Therapist shall:
(1) Represent his or her educational and
			 professional qualifications honestly to all clients and the public;
(2) Inform clients of the limitations of the
			 Licensee's practice;
(3)
			 Consistently take measures to improve professional knowledge and competence by
			 a regular assessment of personal and professional strengths and weaknesses
			 through continuing education training;
(4) Communicate honestly, including, but not
			 limited to, respecting the client's right to treatment with informed and
			 voluntary consent, either verbal or written, and to refuse, modify, or
			 terminate treatment regardless of prior consent;
(5) Keep the client well informed of
			 procedures and methods that will be employed during the session;
(6) Maintain the confidentiality of all
			 client information, unless law or court order mandates disclosure or if the
			 Massage Therapist reasonably believes that an individual is in serious
			 foreseeable or imminent harm;
(7)
			 Respect the inherent worth and act in the best interest of all
			 clients;
(8) Respect the client's
			 autonomy;
(9) Take precautions to
			 do no harm to the physical, mental, and emotional well being of clients and
			 associates;
(10) Respect the
			 client's physical, emotional social and intellectual boundaries with regard to
			 privacy, disclosure, exposure, emotional expression, beliefs, and client's
			 reasonable expectations of professional behavior;
(11) Maintain the right to refuse to treat
			 any person in order to protect the mental, physical, emotional and professional
			 boundaries and safety of the practitioner;
(12) Conduct all business and professional
			 activities with honesty and integrity;
(13) Not engage in an interest, activity, or
			 influence that conflicts with the practitioner's obligation to act in the best
			 interest of the client;
(14) Refuse
			 to accept gifts or benefits that are intended to influence a referral or
			 treatment or that are purely for personal gain and not for the good of the
			 client; and
(15) Report to the
			 Board if the Massage Therapist has first-hand knowledge or evidence indicating
			 any unethical, incompetent, or illegal act that has been committed by another
			 Licensee.
(16) Report to the Board
			 if the Massage Therapist has first-hand knowledge or evidence of unlicensed
			 practice.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 5.00 - Code Of Professional Ethics & Standards Of Ethical Practice › Section 5.03 - Standards for Documentation

Current through Register 1525, July 5, 2024
(1) The
			 Massage Therapist and client shall agree upon the purpose of the Massage
			 session;
(2) No documentation is
			 required if the Massage session is for general relaxation, given during sports
			 or other kind of events, or given during a public demonstration as in chair
			 Massage, unless the client is younger than 18 years old. If the client is
			 younger than 18 years old, the therapist must obtain written permission of
			 either a parent or a guardian for the minor client's receipt of massage
			 therapy;
(3) If a written plan of
			 treatment is requested or required, the client file shall include the following
			 contemporaneously created documentation:
(a)
			 The initial evaluation, which shall include:
1. The client's name, age, and
			 gender;
2. Date of the
			 session;
3. Pertinent medical
			 history, including, but not limited to:
a.
			 Client sensitivities and allergies;
b. Medical diagnoses, if available, and the
			 source of the diagnosis;
c.
			 Contraindications; and
d.
			 Medications as disclosed by the client.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
269 CMR
				6.00 establishes the standards for applying for
				licensure and operating a licensed Massage Therapy Establishment pursuant to
				M.G.L. c. 112, § 227 through 235. The purpose of
				269 CMR
				6.00 is to protect the health, safety, and welfare of
				the public by promoting minimum standards for Massage Therapy Establishments
				throughout the Commonwealth.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.02 - Definitions

Current through Register 1525, July 5, 2024
Adult Entertainment Venues
. Any
				Establishment, including but not limited to a nightclub, bar, restaurant,
				tavern, dance hall, stage or other performance venue, which displays live
				entertainment, including but not limited to persons or entertainers appearing
				in a state of nudity or other live performance, distinguished by an emphasis on
				depicting, describing or relating to sexual conduct or sexual excitement as
				defined in M.G.L. c. 272, § 31.
Chair Massage
. Massage therapy
				performed on a clothed, seated (
i.e
. not in a reclining or
				prone position) client.
Establishment
. Any location, or
				portion thereof, which advertises and/or provides massage therapy services
				which has been licensed by the Board pursuant to M.G.L. c. 112, § 227
				through 236.
Operator
. A person who, by his or her
				direction or control, allows massage therapy to be offered for compensation on
				premises owned/leased or controlled by that individual or an entity controlled
				by the individual. For the purposes of
				269 CMR 6.03(5)
				 a Massage Therapist practicing alone shall
				be considered an Operator.
Regular
. More than eight hours in a
				one week period.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.03 - Establishment Licensure Required

Current through Register 1525, July 5, 2024
(1)
Delivery of Massage Therapy
. Massage therapy,
			 including the provision of out of office massage therapy services, shall only
			 be delivered or offered at any location or portion thereof covered by a valid
			 Massage Therapy Establishment license issued by the Board or otherwise exempted
			 from licensure under 269 CMR 6.03(8).
(2)
License
			 Required
. Each Massage Therapy Establishment within the
			 Commonwealth shall be licensed by the Board before providing or offering to
			 provide massage therapy and shall annually renew its license using an
			 application provided by the Board, unless there is a change in ownership or
			 location.
(3)
Establishment License Type Classes
.
(a)
Solo Establishment
			 License
. A Solo Establishment License shall entitle a single
			 Massage Therapist to deliver or offer massage therapy services from one
			 designated location.
(b)
Multiple Therapists Establishment License
. A Multiple
			 Therapists Establishment License shall entitle two or more Massage Therapists
			 to deliver or offer massage therapy services from one designated
			 location.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.04 - Initial Application for an Establishment License

Current through Register 1525, July 5, 2024
(1) Application for a Massage Therapy
			 Establishment license may be made by a sole proprietorship, partnership,
			 corporation, limited liability company, or limited liability partnership. A
			 Massage Therapy Establishment may be owned by an individual who is not a
			 licensed Massage Therapist.
(2) An
			 application for a Massage Therapy Establishment License shall be:
(a) made on forms prescribed by, and
			 available from the Board;
(b)
			 signed under the pains and penalties of perjury by the applicant or a person
			 authorized to act on behalf of the applicant;
(c) accompanied by information concerning
			 ownership and control that identifies: if owned by an individual, partnership
			 or trust, the names and ownership.
(d) percentages of such individual, partners
			 or trustees, except that, in the case of a limited partnership, such
			 information shall be provided only for those limited partners owning 5% or more
			 of the partnership interest and the general partner;
1. if owned by a for profit corporation, the
			 names of all stockholders who hold 5% or more of any class of the outstanding
			 stock, specifying the percentage owned;
2. if owned by a not for profit corporation,
			 the names of the members and directors of the corporation; and
3. the name and ownership percentage of each
			 individual who directly or indirectly has any ownership interest of 5% or more,
			 unless otherwise provided pursuant to
			 269 CMR
			 6.03(c)1. through
			 3.;
(e) accompanied by
			 any information required by the Board as part of the application, including,
			 but not limited to, such additional information concerning ownership and
			 control as the Board may require.
(f) accompanied by the required nonrefundable
			 fees;
(g) accompanied by a floor
			 plan that demonstrates compliance with the specifications necessary to meet the
			 minimum standards required to meet the public health, safety and welfare set
			 forth in
			 269 CMR
			 6.07(4); and
(h) accompanied by evidence of suitability of
			 ownership required by the Board as set forth in 269 CMR 6.04(4);
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.05 - Renewal/Reinstatement

Current through Register 1525, July 5, 2024
(1) A Massage
			 Therapy Establishment shall renew its license annually on or before the
			 anniversary of the date of issue by submitting:
(a) a Massage Therapy Establishment renewal
			 form as prescribed by the Board;
(b) complete information as required on the
			 form, including changes in information since the original application or last
			 renewal; and
(c) the nonrefundable
			 renewal fee;
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.06 - Record Retention

Current through Register 1525, July 5, 2024
(1) Required
			 records shall be maintained in a manner that protects them from foreseeable
			 damage or destruction.
(a) A Massage Therapy
			 Establishment shall maintain required records on the premises for each active
			 client.
(b) For a client who is
			 younger than two years old when he or she receives massage therapy, records
			 shall be maintained at least until the client reaches nine years of
			 age.
(c) For clients who receive
			 massage therapy on or after the client reaches two years of age, records shall
			 be maintained for a minimum of seven years from the date of the last client
			 encounter.
(d) Records stored
			 electronically shall have an established system of regular back-up. Copies of
			 the back-up records shall be maintained safely and securely.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.07 - Establishment Standards

Current through Register 1525, July 5, 2024
(1)
Compliance Officer
. Each Multiple Massage Therapist
			 Establishment shall designate a Licensed Massage Therapist who is responsible
			 for the Massage Therapy Establishment's compliance with the laws of the
			 Commonwealth and 269 CMR. Said Licensed Massage Therapist shall agree to be
			 accessible to the Board and shall be responsible for cooperating with
			 inspections or investigations conducted by the Board or its agents. Upon the
			 request of the Board or its agents, the designated Licensed Massage Therapist
			 shall provide immediate access to, and, if requested, copies of records
			 maintained by the Massage Therapy Establishment. Such Massage Therapist shall
			 be designated the Massage Therapy Establishment's compliance officer.
(2)
Compliance Plan
.
			 Each Multiple Therapists Establishment shall implement and maintain a business
			 compliance plan, that shall include, but not be limited to, standards,
			 procedures, and policies that address the Massage Therapy Establishment's
			 administrative and clinical protocols. The standards, procedures, and policies
			 in the compliance plan shall include, but not be limited to, addressing the
			 following issues:
(a) A plan for ascertaining
			 that all individuals providing massage therapy in the Massage Therapy
			 Establishment have current, valid licenses;
(b) A list of all Massage Therapists who
			 practice at the Establishment;
(c)
			 The methods for training personnel regarding the Massage Therapy
			 Establishment's standards, procedures, and policies, including appropriate
			 right-to-know training, standard precautions to prevent communicable disease,
			 proper documentation, clients' rights, and proper billing, on an ongoing
			 basis;
(d) The methods of
			 maintaining and encouraging open lines of communication among the Massage
			 Therapy Establishment's personnel;
(e) The methods of maintaining and ensuring
			 that equipment is inspected on an annual basis and is in safe operating
			 condition;
(f) The mechanisms used
			 to report and respond to violations or complaints in an appropriate
			 manner;
(g) The implementation and
			 maintenance of a schedule of the Establishment's compliance audits;
			 and
(h) In the event of the
			 dissolution of the Massage Therapy Establishment or the departure of a licensed
			 Massage Therapist from the Establishment, a plan for the dissolution of the
			 Massage Therapy Establishment or for the departure of a practicing Massage
			 Therapist, including, but not limited to, a plan for the storage and retrieval
			 of clients' records.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.08 - Inspections

Current through Register 1525, July 5, 2024
(1) The Board or
			 its agent may inspect any Massage Therapy Establishment at any time during
			 regular business hours, and without prior notice, for the purpose of verifying
			 that the Massage Therapy Establishment, and its agents or employees are in
			 compliance with all applicable requirements of M.G.L. c. 112, §§ 61
			 through 65, M.G.L. c. 112, §§ 227 through 236, and
			 269 CMR
			 6.00, and all other applicable federal, state and
			 local laws or regulations.
Code of Massachusetts Regulations › 269 CMR - BOARD OF REGISTRATION OF MASSAGE THERAPY › Title 269 CMR 6.00 - Facility Licensure › Section 6.09 - Grounds for Disciplinary Action

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 13, §
			 99(a)(v), the Board may, through the processes set out in M.G.L. c. 30A, M.G.L.
			 c. 112, §§ 61 through 65, and
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
, take disciplinary action
			 against any Massage Therapy Establishment. Grounds for disciplinary action
			 shall include, but shall not be limited to:
(a) Violation of any provision of
			 269 CMR
			 6.00. by any person associated with the
			 Establishment;
(b) Unlicensed
			 practice at the Massage Therapy Establishment or arranged through the Massage
			 Therapy Establishment. Unlicensed practice includes practice by an individual
			 who:
1. has never held a license to render
			 care within the discipline in which he or she is acting;
2. has let his or her license to practice
			 lapse or expire;
3. has had his or
			 her license to practice suspended or revoked; or
4. has voluntarily surrendered his or her
			 license.
(c) Where a
			 person having more than 5% ownership interest, company officer, principal, or
			 any employee of, or person associated with, the Massage Therapy Establishment:
1. violates or permits the violation of any
			 of the grounds for disciplinary action under 269 CMR;
2. interferes with or obstructs the Board or
			 its agent in the performance of the Board's duties;
3. is sanctioned for violations of state or
			 federal laws regarding insurance fraud; or
4. solicits, facilitates, or otherwise
			 permits illicit behavior.
Code of Massachusetts Regulations › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 2.00 - Purpose, Definitions and Severability › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
270 CMR governs the licensure and practice of genetic counselors in Massachusetts by establishing the eligibility requirements and administrative procedures for the issuance of provisional and full licenses to qualified applicants, the renewal of such licenses, and by establishing the standards of professional practice and conduct for all genetic counselors licensed by the Board of Registration of Genetic Counselors.
Code of Massachusetts Regulations › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 2.00 - Purpose, Definitions and Severability › Section 2.03 - Severability

Current through Register 1525, July 5, 2024
The provisions of 270 CMR 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 › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 3.00 - Licensure Requirements, Procedures and Professional and Ethical Standards of Conduct › Section 3.01 - General Licensure Requirement

Current through Register 1525, July 5, 2024
Except as otherwise provided in M.G.L. c. 112, § 257, no person shall represent himself or herself to be a genetic counselor, or use in connection with his or her name or place of business the title "genetic counselor", "licensed genetic counselor", "gene consultant", "genetic consultant", "genetic associate" or any words, letters, abbreviations or insignia indicating or implying a person holds a genetic counselor license unless such person holds a current license issued by the Board pursuant to M.G.L. c. 112 §§ 252 through 258.
Code of Massachusetts Regulations › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 3.00 - Licensure Requirements, Procedures and Professional and Ethical Standards of Conduct › Section 3.02 - Application for Provisional License

Current through Register 1525, July 5, 2024
(1) The Board may grant a provisional license to an applicant who:
(a) is 18 years of age or older and of good moral character;
(b) holds either:
1. a master's degree from a genetic counseling training program accredited by the Accreditation Council for Genetic Counseling (ACGC) or its successor agency, or an equivalent program as determined by the ACGC; or
2. a doctorate from a medical genetics training program accredited by the American Board of Medical Genetics (ABMG) or an equivalent program as determined by the ABMG;
(c) is eligible to sit for a certifying examination by a certifying agency; and
(d) has submitted the following to the Board:
1. An accurate, complete and signed application for a provisional license, as specified by the Board for that purpose;
2. A copy of the written notice from the certifying agency to the applicant that he or she has been approved to take a certification examination;
3. A transcript or other documentation satisfactory to the Board that verifies that the applicant holds at least one of the degrees identified in 270 CMR 3.02(1)(b);
4. Written notice to the Board of the name, business address and telephone number, license number, genetic counselor certification number, and signature of the fully licensed genetic counselor, or licensed physician with current ABMG certification in clinical genetics, who has agreed to serve as the license applicant's supervisor pursuant to 270 CMR 3.03; and
5. Payment of all applicable fees established by the Executive Office for 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 › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 3.00 - Licensure Requirements, Procedures and Professional and Ethical Standards of Conduct › Section 3.03 - General Supervision and Responsibilities of a Provisionally Licensed Genetic Counselor

Current through Register 1525, July 5, 2024
(1) A provisionally licensed genetic counselor may perform clinical genetic counseling services only under the general supervision and direction of either a fully licensed genetic counselor whose license is in good standing, or a licensed physician whose license is in good standing with current ABMG certification in clinical genetics.
(2) A provisionally licensed genetic counselor shall notify the Board in writing of any change(s) relating to his or her supervisor within 15 days of any such change(s). In the event of a change of supervisor, a provisional licensee shall not practice as a genetic counselor at any time between the cessation of one supervisory relationship and the Board's approval of documentation complying with 270 CMR 3.02(1)(d)4. with respect to the provisional licensee's succeeding supervisor.
(3) The supervisor of a provisionally licensed genetic counselor shall verify with the Board such provisional licensee's status before beginning and every three months during the supervisor's relationship.
(4) The supervisor of a provisionally licensed genetic counselor shall be responsible for providing general supervision and direction to the provisional licensee that shall be of a level sufficient to ensure that the provisional licensee performs all genetic counseling services in accordance with generally accepted standards of professional practice and Board approved Guidelines for the General Supervision of Provisional Licensees available on the Board's Website. General supervision and direction of a provisional licensee shall include, but is not limited to:
(a) developing an annual supervision contract signed and dated by the supervisor and the provisional licensee that shall be on file with both parties and made available to the Board in a timely manner upon request;
(b) assessing and documenting the professional competence, skill, and experience of the provisional licensee;
(c) determining the nature and level of supervision required by the provisional licensee;
(d) convening regular meetings to review the provisional licensee's clinical services and administrative practices, either in face to face meetings or other form of communication; and
(e) conducting regular chart or case reviews with the provisional licensee.
Code of Massachusetts Regulations › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 3.00 - Licensure Requirements, Procedures and Professional and Ethical Standards of Conduct › Section 3.04 - Expiration of a Provisional License

Current through Register 1525, July 5, 2024
(1) A provisional license expires upon the earliest of the following:
(a) The date that the Board issues a full license to the provisionally licensed genetic counselor;
(b) 30 days after the provisionally licensed genetic counselor receives written notification of a failing score on the certification examination from a certifying agency, unless the Board has extended the provisional license in accordance with 270 CMR 3.04(2);
(c) Two years from the date that the provisional license was issued, unless the Board has extended the provisional license in accordance with 270 CMR 3.04(2); or
(d) Two years from the date that the Board has extended the provisional license in accordance with 270 CMR 3.04(2).
Code of Massachusetts Regulations › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 3.00 - Licensure Requirements, Procedures and Professional and Ethical Standards of Conduct › Section 3.05 - Full Licensure as a Genetic Counselor

Current through Register 1525, July 5, 2024
(1) The Board may grant a full license to an applicant who:
(a) is 18 years of age or older and of good moral character;
(b) holds either:
1. a master's degree from a genetic counseling training program that is accredited by the ACGC or an equivalent program as determined by the ACGC or its successor agency; or
2. a doctorate from a medical genetics training program that is accredited by the ABMG or an equivalent program as determined by the ABMG; and
(c) has received a passing score on a genetic counselor certification examination; and
(d) has submitted the following to the Board:
1. An accurate, complete and signed application for a full license, as specified by the Board for that purpose;
2. A transcript or other documentation satisfactory to the Board that verifies that the applicant holds at least one of the degrees identified in 270 CMR 3.05(1)(b);
3. Documentation satisfactory to the Board that he or she has received a passing score on a genetic counselor certification examination;
4. Payment of all applicable fees established by the Executive Office for 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 › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 3.00 - Licensure Requirements, Procedures and Professional and Ethical Standards of Conduct › Section 3.06 - Full License Renewal

Current through Register 1525, July 5, 2024
(1) Each fully licensed genetic counselor must renew his or her license to practice on or before January 31st of each odd-numbered year. A fully licensed genetic counselor who fails to renew his or her license on or before the expiration date may not practice until he or she renews his or her license. A fully licensed genetic counselor who continues to practice after the expiration date may be subject to disciplinary action by the Board.
(2) A fully licensed genetic counselor who:
(a) meets the continuing education requirements in 270 CMR 3.06(3); and
(b) maintains certification as a genetic counselor through a certifying agency 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 › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 3.00 - Licensure Requirements, Procedures and Professional and Ethical Standards of Conduct › Section 3.07 - Full License Retirement

Current through Register 1525, July 5, 2024
(1) A licensee who meets the eligibility requirements in 270 CMR 3.07(2) may submit a petition to the Board to request that his or her license be placed on retired status. A retired status is a nondisciplinary license status. The Board may 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 her or she:
(a) Has a license that is not surrendered, suspended or revoked at the time of the petition; and
(b) Demonstrates, to the Board's satisfaction, that he or she intends to permanently retire from active practice in the Commonwealth and in all other jurisdictions.
Code of Massachusetts Regulations › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 4.00 - Purpose › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
270 CMR 4.00 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 Board 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 1.00:
Standard Adjudicatory Rules of Practice and Procedure
. In addition, 270 CMR 4.01 establishes the standards and procedures for summary suspensions.
Code of Massachusetts Regulations › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 4.00 - Purpose › Section 4.02 - 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 270 CMR 4.03;
(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 › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 4.00 - Purpose › Section 4.04 - 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 constituting grounds for Board action; however the Board concludes even if the allegations are true, the alleged acts or omissions in the specific circumstances presented, do not warrant action against the license.
Code of Massachusetts Regulations › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 4.00 - Purpose › Section 4.05 - Summary Suspension

Current through Register 1525, July 5, 2024
(1)
Purpose
. 270 CMR 4.05 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 and welfare presented by a licensee's practice. 270 CMR 4.05 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 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 › 270 CMR - BOARD OF REGISTRATION OF GENETIC COUNSELORS › Title 270 CMR 4.00 - Purpose › Section 4.06 - 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 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 › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 3.00 - INDIVIDUAL LICENSURE › Section 3.01 - Application and Licensing

Current through Register 1525, July 5, 2024
(1)
Class M-1 or M-2 (Master Sheet Metal Worker) License
.
(a) An applicant applying for a Class M (Master) license shall meet the following eligibility criteria for licensure:
1. submission of an application completely and properly filled out in the manner prescribed by the Board, attested to under the pains and penalties of perjury, and accompanied by such other information as the Board may require;
NOTE
: Incomplete applications will be kept open for 180 days.
2. be of good moral character;
3. be a graduate of high school, possess a graduate equivalency diploma (G.E.D.), or equivalent;
4. meet all criteria for licensure as a Journeyperson (J-1 or J-2) per 271 CMR 3.01(2), furnish documentary proof satisfactory to the Board of having successfully completed 2000 hours of sheet metal work with a journeyperson license or a Board-approved 40-hour Master's Course conducted by a college/university, public vocational school, Commonwealth-licensed school, or an organization for its employees or members at no cost, within two years of the date of application for a Class M license;
5. obtain a passing score on the Board's licensure examination; and
6. payment of the non-refundable fee as established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B.
NOTE 1
: Postmarks or similar shipping dates shall be used to determine the date of an application.
NOTE 2
: Candidates who fail an examination will have six months, from the application date, to successfully re-take the examination; otherwise they will have to submit a new application. Those who have not successfully passed the examination after three attempts shall furnish documentary proof satisfactory to the Board of having successfully completed self-designed learning objectives based on any weaknesses disclosed on their score reports. Such score reports must be submitted with their application request. This requirement may also be met by successfully completing an examination preparation course.
NOTE 3
: Previous holders of Restricted Journeyperson (J-2) licenses shall be issued Restricted Masters' licenses unless, in the opinion of the Board, the totality of their education and experience justifies an Unrestricted Masters' (M-1) license.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 3.00 - INDIVIDUAL LICENSURE › Section 3.02 - Procedures for Renewal of a License and Renewal of a Lapsed/Expired License

Current through Register 1525, July 5, 2024
(1)
Requirements for Renewal of a License
.
(a) Licensees must renew their licenses every two years. Each license originally issued to an individual shall be valid for a minimum of 12 months and shall expire on the 28th day of the licensee's birth month. Each subsequent two-year renewal shall be on the anniversary of that date.
(b) Individuals must submit to the Board, or its agent, a completed written or electronic renewal application and the required fees prior to the expiration date of the license; and
(c) Individuals must fulfill and document, as specified by the Board, the satisfactory completion of continuing education requirements as specified in 271 CMR 4.00:
Continuing Education
.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 3.00 - INDIVIDUAL LICENSURE › Section 3.03 - Procedures for Reinstatement of a License Which Has Been Revoked, Suspended, Surrendered, or Placed on Probation

Current through Register 1525, July 5, 2024
The procedures for reinstatement of a license after that license has been revoked, suspended, surrendered, or placed on probation shall be determined by the guidelines established by the Board or, in specific matters, by consent agreement, or by decision and order of the Board. In all cases, unless there is specific language to the contrary in the documentation of the action taken, the individual shall be required to petition the Board, in writing, for a change in license status. At the discretion of the Board, a personal appearance may be required. Petitions and personal appearances will ordinarily be considered at a regularly scheduled Board meeting; however, it is the duty of the individual to make such a petition at least 60 days prior to the appropriate anniversary of the disciplinary action, otherwise, the individual shall be deemed to consent to a delay, or denial of, the change of license status prior to Board review of the petition and/or the personal appearance.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 3.00 - INDIVIDUAL LICENSURE › Section 3.04 - Good Moral Character Requirement

Current through Register 1525, July 5, 2024
(1)
Documentation
. An application for licensure as a Sheet Metal Worker shall be accompanied by such written documentation as the Board may reasonably require in order to determine whether the applicant is of "good moral character".
(2)
Offenses
. Conduct that reasonably raises a question about whether an applicant possesses the "good moral character" required for licensure includes, but is not limited to, any of the following:
(a) Conviction of any criminal offense, other than a routine traffic violation. The term "conviction" means any of the following:
1. a final judgment entered after a jury verdict of guilty or a judicial finding of guilty;
2. a plea of guilty;
3. a plea of
nolo contendere
(no contest); or
4. any other plea or finding which is treated by the court as a plea or finding of guilty.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 3.00 - INDIVIDUAL LICENSURE › Section 3.05 - Communication with the Board; Notification of Change in Name or Address

Current through Register 1525, July 5, 2024
(1)
Official Mailing Address
. The mailing address supplied to the Board by the Licensee will suffice as the legal address for the receipt of official process or notification from the Board. Failure to supply the Board with an official address for the receipt of legal process or other Board notifications may result in a default judgment or independent disciplinary action taken as a result of this failure.
(2)
Change of Name or Address
. The licensee shall notify the Board of any change in name or address. Such notification shall be in writing or electronically and shall be submitted within 30 calendar days of the change in name or address. Licensees shall provide such documentation as may be requested by the Board.
(3)
Responding to the Board
. A licensee shall respond within 30 calendar days, unless otherwise indicated, to a written communication from the Board, or its designee, and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about the licensee's professional conduct as well as other matters within the jurisdiction of the Board. The 30-calendar day period commences on the date the Board sends the communication by regular mail to the licensee's last known address.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 3.00 - INDIVIDUAL LICENSURE › Section 3.06 - License Fee

Current through Register 1525, July 5, 2024
License fees are set by the Secretary of Administration and Finance of the Commonwealth of Massachusetts, consistent with M.G.L. c. 7, § 3B.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 3.00 - INDIVIDUAL LICENSURE › Section 3.07 - Late Filing Fee

Current through Register 1525, July 5, 2024
Renewal forms and fees received after the due date will be subject to a late filing fee set by the Secretary of Administration and Finance, consistent with M.G.L. c. 7, § 3B.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 4.00 - Continuing Education

Current through Register 1525, July 5, 2024
Licensed Sheet Metal Workers are encouraged to continue their expand knowledge by attending educational programs; however, no continuing education is currently required by the Board. The Board anticipates adding such a requirement at some date in the future. That will occur in a separately promulgated regulation change, and any requirements will be announced in future renewal documents.
REGULATORY AUTHORITY:
271 CMR 4.00: M.G.L. c. 112, ss 237 through 251.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 5.00 - Code Of Professional Ethics And Standards Of Professional Practice › Section 5.01 - Code of Ethics

Current through Register 1525, July 5, 2024
The following principles establish the basis of practice by the Sheet Metal Worker:
(1)
Competence
. Regardless of the licensed scope of practice, no Sheet Metal Worker shall perform tasks or enter into a contract for work that is beyond the individual's or organization's competence. Each activity undertaken shall be performed in a professionally competent manner.
(2)
Communication
. Pre-planning of work will be done in an open, mutual endeavor between the licensee and the customer.
(a) The customer must always be made aware of costs prior to beginning work. Any possibility of increased cost should be disclosed.
(b) The customer must always be made aware of the planned work schedule and any foreseeable interruptions such as materiel delivery or incumbent weather.
(c) Any intended use of subcontractors should be explained.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 5.00 - Code Of Professional Ethics And Standards Of Professional Practice › Section 5.02 - Rules Governing Practice

Current through Register 1525, July 5, 2024
(1)
Scope of Practice
.
(a) Without expanding or limiting the definition of sheet metal work contained in M.G.L. c. 112, § 237, the Board interprets the scope of practice of licensed sheet metal workers to be (unless otherwise specified) the manufacturing, fabrication, assembling, handling, erection, installation, dismantling, alteration and repairing of:
1. duct or air exhaust systems;
2. commercial fans, sheaves, belt guards, dampers, louvers, screens, registers, grilles, diffusers, sound traps, attenuators, mixing boxes and access doors in connection with duct or air exhaust systems;
3. architectural sheet metal watershed roof systems;
4. kitchen hoods and vents, and bathroom exhaust vents and fans;
5. ductwork installed during new or remodeling construction, and
6. testing, adjusting, and air-balancing of all air-handling equipment.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 6.00 - Uniform Sheet Metal Installation Rules › Section 6.01 - Scope

Current through Register 1525, July 5, 2024
271 CMR 6.00 governs the requirements for the installation, alteration, removal, replacement, repair, or construction of all sheet metal.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 6.00 - Uniform Sheet Metal Installation Rules › Section 6.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 271 CMR 6.00, the following term, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meaning:
International Mechanical Code
: The version of the International Mechanical Code adopted by the Board of Building Regulations and Standards pursuant to 780 CMR 28.00.
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 6.00 - Uniform Sheet Metal Installation Rules › Section 6.03 - Adoption of Relevant Codes and Modifications

Current through Register 1525, July 5, 2024
(1)
Adoption of Relevant Codes
. The Uniform Sheet Metal Installation Rules shall be:
(a) The International Mechanical Code
(b) The following portions of the Massachusetts Building Code as adopted by the Board of Building Regulations and Standards:
1.780 CMR 12.00:
Interior Environments
2.780 CMR 13.00:
Energy Conservation
3.780 CMR 15.00:
Roof Assemblies and Roof Top Structures
4.780 CMR 58.00:
Roof-ceiling Construction
5.780 CMR 59.00:
Roof Assemblies
6.780 CMR 60.00:
Chimneys, Fireplaces and Solid Fuel Burning
7.780 CMR 61.00:
Energy Efficiency
8.780 CMR 62.00:
Mechanical Administration
9.780 CMR 63.00:
General Mechanical System Requirements
10.780 CMR 64.00:
Heating and Cooling Equipment
11.780 CMR 65.00:
Exhaust Systems
12.780 CMR 66.00:
Duct Systems
13.780 CMR 67.00:
Combustion Air
14.780 CMR 68.00:
Chimneys and Vents
Code of Massachusetts Regulations › 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS › Title 271 CMR 7.00 - BUSINESS LICENSURE › Section 7.01 - Licensure

Current through Register 1525, July 5, 2024
(1)
Applications
. Applicants for Sheet Metal Business (Class B) licenses shall meet the following criteria for licensure:
(a) submission of an application completely and properly filled out in the manner prescribed by the Board, attested to under the pains and penalties of perjury by a principal of the entity, and accompanied by such other information that the Board may require.
NOTE
: Incomplete applications will be retained for 180 days;
(b) all principals of the entity shall be of good moral character as described in 271 CMR 3.04;
(c) the entity shall be properly constituted and chartered business organization recognized by the Secretary of the Commonwealth, such as a partnership or limited partnership (LP) or limited liability partnership (LLP), limited liability company (LLC), corporation or professional corporation (PC), or other recognized entity;
1. All partners in a partnership or LLP shall possess current Master Sheet Metal Worker licenses.
2. Each corporation shall have at least one Master Sheet Metal Worker as a corporate officer, and the corporation shall designate a Master Sheet Metal Worker as its Responsible Craftsman.
3. Each LLC must designate a Master Sheet Metal Worker as the manager; that individual will be the "Responsible Craftsman".
(d) payment of the non-refundable fee as established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B.