Current through Register 1531, September 27, 2024
(1)
Advertising and Professional Notices
(a)
Public Interest.
A full licensee may advertise for patients by means that are in the public
interest. Advertising that is not in the public interest includes the
following:
1. advertising that is false,
deceptive, or misleading;
2.
advertising that has the effect of intimidating or exerting undue
pressure;
3. advertising that
guarantees a cure;
4. advertising
that makes claims of professional superiority that an acupuncturist cannot
substantiate.
(b)
Contents of Advertising. A full licensee may advertise
fixed prices, or a stated range of prices, for a specified routine professional
service, provided such advertisement clearly states whether additional charges
may be incurred for related services which may be required in individual cases.
A licensee shall use the title "Licensed Acupuncturist" alongside his/her name
on any advertising or other materials visible to the public which pertain to
the licensee's practice of acupuncture. A full licensee shall include in an
advertisement or professional notice his/her name, business address and title.
"Licensed Acupuncturist" may be abbreviated as "L.Ac." or "Lic. Ac."
(c)
Advertising
Records. A full licensee shall maintain a complete, accurate, and
reproducible version of the audio and visual contents of any advertising for a
period of three years. The licensee shall furnish the complete copy of this
advertising to the Committee upon request. The cost of maintaining and
providing this advertising copy shall be borne by the licensee.
(d)
Other Degrees. A
licensee may not represent that he/she holds a Ph.D., O.M.D., M.A. or other
doctoral or masters degree in the field of acupuncture and/or oriental medicine
unless the educational program which awarded the degree is:
1. approved by the ACAOM or another Committee
approved national accrediting agency to grant doctoral or masters degrees, and
is permitted to grant such a degree by a state board or other authority of
higher education that the Committee deems appropriate to grant such permission;
or
2. approved by the ministry of
education of a foreign country to grant doctoral or masters degrees, and the
Committee determines the degree to be equivalent to the same degree approved by
the ACAOM or another Committee approved national accrediting agency.
(e) A licensee who has a Ph.D. or
a Masters degree in a field other than acupuncture or oriental medicine may, in
any advertising or other materials visible to the public pertaining to the
licensee's acupuncture practice, include the degree, provided that the field in
which the degree was awarded is specied without using an abbreviation (
e.g., Ph.D., Musicology).
(f) A licensee who has a Ph.D. in a field
other than acupuncture or oriental medicine may not, under any circumstances,
use the title "doctor" in any advertising or other materials visible to the
public pertaining to the licensee's acupuncture practice.
(g) A licensee may not represent that he/she
holds a degree from an acupuncture school other than that degree which appears
on his/her application for licensure and has been verified in accordance with
the Committee's requirements, unless the additional degree has been also
verified in accordance with the Committee's requirements.
(2)
Patient Records.
(a) A licensee shall keep a complete and
accurate acupuncture record of each patient the licensee treats. The record
shall include: the name and address of the patient, the licensee's evaluation
of the patient, the treatments given including the points needled , and the fee
charged for the treatments. A licensee must maintain a patient's acupuncture
record for a minimum period of seven years from the date of the last
acupuncture treatment.
(b) At a
patient's request, a licensee shall provide the patient or another specifically
authorized person with the following:
1. a
summary of the patient's record, including all data deemed necessary by the
patient or the specifically authorized person;
2. a copy of the entire acupuncture record;
or
3. a copy of any previously
completed report required for third party reimbursement.
(c) A licensee may charge a reasonable fee to
cover the expense of providing the material listed in 243 CMR 5.09(2)(b);
however, a licensee may not require payment for previously rendered acupuncture
treatment as a condition for providing the material.
(d) A licensee who moves away from
Massachusetts or assumes inactive status must:
1. retain patient records in accordance with
243 CMR 5.09(2), and notify the Committee as to any change in address for a
period of seven years; or
2. turn
over to a successor or business partner patient records, which the successor or
business partner agrees to retain in accordance with 243 CMR 5.09(2).
(e) A licensee may, for purposes
of seeking third party reimbursement, refer to a patient's diagnosis using
western medicine terminology, either by reconfirming the diagnosis of a
physician licensed in Massachusetts or by indicating a general clinical
impression based on the patient's symptoms.
(3)
Requirement to Respond to the
Committee. Unless otherwise ordered by the Committee, a licensee
shall respond within 30 days to a written communication from the Board,
Committee or designee of the Board or Committee, and shall provide the Board or
Committee with any relevant records or other material with respect to an
inquiry or complaint about the licensee's professional conduct. The 30 day
period begins on the date the Board sends the communication by registered or
certified mail with return receipt requested to the licensee's last known
address.
(4)
Display of
License. A licensee is required to display conspicuously his/her
license certificate in his/her office. A licensee who is approved by the
Committee to employ herbs in his/her acupuncture practice shall display
conspicuously his/her license certificate indicating he/she is currently
approved to use herbal therapy in his/her practice.
(5)
Acupuncture
Assistants.
(a) A licensee may
employ the services of unlicensed assistants in accordance with the following
requirements:
1. A licensee is responsible
for the performance of assistants;
2. A licensee may supervise no more than two
assistants at any one time;
3. A
licensee shall inform the Committee of the name of any assistant he/she
employs, and shall forward proof to the Committee that the assistant has
received training in accordance with
4. An assistant shall be at least 18 years of
age;
5. An assistant whose native
language is other than English may be required to demonstrate proficiency in
English through an examination chosen by the Committee;
6. An assistant shall not do any of the
following procedures involving patients: diagnosis, point location, needle
insertion, manipulation, electrical stimulation, render advice to patients, or
perform any other procedure requiring a similar degree of judgment or
skill;
7. An assistant may only do
the following procedures involving patients: cupping, moxibustion, needle
removal, gwua-sha, and the massaging of points.
8. An assistant shall wear a name tag that
identifies him/her as an acupuncture assistant to patients.
9. An assistant shall have successfully
completed a course or other training approved by the Committee in sterilization
procedures and techniques before beginning work as an assistant.
(b) If the Committee determines
that an assistant or licensee has not complied with 243 CMR 5.09(5)(a), or that
the assistant has committed any offense listed in M.G.L. c. 112, § 158 or
243 CMR
4.03(5)(a), the Committee
may do any or all of the following:
1.
withdraw the assistant's permission to work as an acupuncture
assistant;
2. withdraw the
licensee's permission to hire acupuncture assistants;
3. discipline the licensee pursuant to
243 CMR 4.00 and M.G.L. c.
112, § 158.
(6)
Retirement from the Practice
of Acupuncture.
(a) A licensee
shall notify the Committee of the date he/she plans to retire from the practice
of acupuncture. If there are no outstanding complaints against the licensee,
the licensee may retire on that date. A retired licensee may still be
disciplined under
243 CMR 4.00 after the date of
his/her retirement.
(b) A retired
licensee, his/her successor or his/her estate, must retain patient records for
a minimum period of seven years, and must make them available to former
patients and other individuals in accordance with 243 CMR 5.09(2).
(7)
Discrimination
Against Recipients of Public Assistance Prohibited.
(a) A licensee may not discriminate against a
person seeking acupuncture services solely because the person is a recipient of
public assistance. 243 CMR 5.09(7) prohibits a licensee from acting differently
toward a recipient of public assistance in any material manner, and requires a
licensee to provide acupuncture services of the same quality and in the same
manner to a recipient of public assistance as he/she would to any other person
in similar circumstances who is not a recipient of public assistance.
(b)243 CMR 5.09(7) does not prevent a
licensee from limiting his/her practice to the treatment of certain types of
physical problems or the use of certain procedures, so long as the limitations
on the licensee's practice are made public, nor does this rule prevent a
licensee from seeking reasonable evidence prior to providing acupuncture
services that a person has the ability to pay for them.