Code of Massachusetts Regulations
259 CMR - BOARD OF REGISTRATION OF ALLIED HEALTH PROFESSIONALS
Title 259 CMR 2.00 - General Provisions
Section 2.01 - Definitions

These definitions apply to all sections of 259 CMR.

Board. The Board of Allied Health Professions or its designee.

Business Records. Any materials other than Patient Records kept in the ordinary course of a Physical Therapy business.

Co-operative Education. An educational approach which provides alternating or parallel periods of classroom study and supervised employment in which:

(a) there is a formal agreement with the institution, the student and the employer;

(b) the rotation between academic study and work experience is structured to further the student's education and employability; and

(c) the services performed by the student during the work experience are commensurate with their level of education and training.

Direct Supervision. A process by which a supervisor is on the premises and available to provide supervision in the form of aid, direction, and instruction when procedures or activities are performed.

Employee Record. A list of all individuals employed by a Physical Therapy Facility, including the following information for each employee: name; address; date of birth; job title; license type and license number for all professional licenses held; and dates of employment at the Physical Therapy Facility. For the purpose of 259 CMR 2.00 an Employee Record is considered a Business Record

Endorsement. A process of licensure based on the determination that a current license from another United States of America jurisdiction is consistent with Board requirements.

Expired. The date of validity has passed. A lapsed or inactive license is also expired.

License. A document granted by the Board as proof of the privilege that the licensee has been approved by the Board to practice his/her discipline. The license must be kept on the licensee's person and posted/filed at the site of practice.

Limited Liability Company or L.L.C. Any "limited liability company" or "foreign limited liability company" as defined by M.G.L. c. 156C, § 2.

Limited Liability Partnership or L.L.P. Any "registered limited liability partnership" or "foreign registered limited liability partnership", as defined in M.G.L. c. 108A, § 1.

Patient Record. All recorded information regarding a patient's clinical history, clinical examination findings, diagnosis, treatment, and consent, including billing records associated with and documenting patient care.

Physical Therapy. "Physical Therapy", as defined in M.G.L. c. 112, § 23A.

Physical Therapy Facility. A place, office, clinic or establishment in which Physical Therapy is provided on a predictable or regular basis, or in which business and patient records related to physical therapy are used or stored, which has been licensed by the Board. A Physical Therapy Facility must have a PT Compliance Officer.

PT Compliance Officer. The Physical Therapist who has been designated by a Physical Therapy Facility as the physical therapist responsible for the operation of the Physical Therapy Facility in compliance with the laws of the Commonwealth and the rules and regulations of the Board. The appointment of a PT Compliance Officer is subject to Board approval.

Solo Practice. A place, office, clinic or establishment in which Physical Therapy is provided or in which Business Records or Patient Records related to Physical Therapy are used or stored, and where Physical Therapy is solely provided by one primary Physical Therapist who owns at least 51% of the business and operates the Physical Therapy Practice. In a Solo Practice, the Physical Therapist must not employ or be in partnership with any other Physical Therapist or Physical Therapist Assistant.

The Physical Therapist who owns the Physical Therapy Facility may contract or otherwise employ one or more Physical Therapist to provide substitute treatment in the owner's absence provided that the cumulative substitute coverage provided within a given registration period does not exceed 25 business days; or 60 business days in the cases of a documented disability of the Physical Therapist owner; or 90 business days for a documented maternity or paternity leave of the Physical Therapist owner. A Physical Therapist owner may apply to the Board to extend the substitute coverage periods for good cause.

Renewal. The requirement that a license, which is issued for a two year period, be renewed on or before the Licensee's birthday every two years.

Student. Any person pursuing a supervised course of study leading to a degree in athletic training, occupational therapy or physical therapy in an accredited or approved program, including co-operative education programs and post-doctoral clinical education programs. Students involved in clinical affliations which are part of their educational program may perform duties commensurate with their level of education, in addition to those duties which may be performed by aides, as set forth in 259 CMR 3.01, 3.02, 5.01 and 5.02. Students whose employment is not part of a co-operative education program may only perform those duties which may be performed by aides, as set forth in 259 CMR 3.01, 3.02, 5.01 and 5.02.

Supervisor. A person who holds a current unrestricted license issued by the Board authorizing such person to practice the same discipline as the supervisee(s). A supervisor possesses skill, experience or education in excess of that possessed by the supervisee(s). The supervisor is responsible for the standard of services performed by the supervisee(s) and shall have knowledge of the patients/clients receiving treatment from the supervisee(s) and the issues/problems involving such treatment. A supervisor must co-sign all treatment documentation of a temporary license holder, as set forth in 259 CMR 3.03 and 5.04.

Supervision. A process by which two or more people participate in joint effort to establish, maintain and elevate a level of performance. Supervision requires the physical presence of all parties at regularly scheduled supervision sessions. Supervision is structured according to the supervisee's qualifications, position, level of preparation, depth of experience and the environment within which the supervisee functions.

Temporary License. A license granted under certain prescribed conditions for a limited period of time in the profession of Occupational Therapy and Athletic Training. A holder of a temporary license must practice under the supervision of a supervisor in that discipline.