By the Division of Professional Licensure

The Massachusetts Board of Registration of Chiropractors ("Board") has voted to adopt the following Policy Guidelines. These policy guidelines are intended as a recommended protocol for the profession to follow. The guidelines set forth below do not have the force or effect of law, as would a Massachusetts General Law or a Board rule or regulation. However, the Board utilizes these and other guidelines as an internal management tool in formulating decisions that relate to issues of chiropractic practice.

DATE: March 5, 2009

Policy #09-001

This policy guideline revises policy guideline No. 08-001, dated March 8, 2008, with the same title.

Purpose

To provide guidance to licensed chiropractors and owners of chiropractic facilities concerning qualifications to serve as a Chiropractor of Record.

Policy

Chiropractors of Record (CHoRs) are responsible for a Chiropractic Facility's compliance with the laws of the Commonwealth and Board rules and regulations. A licensee on probation or stayed suspension may not be qualified to serve as a CHoR until the probation or stayed suspension has been concluded. The determination of whether a licensee on probation or stayed suspension is disqualified from serving as a CHoR will be made on a case by case basis. In making this determination, the Board will evaluate factors, including but not limited to, the nature of the misconduct underlying the discipline, whether the licensee is the sole owner of the Facility, the number of health care professionals working within the Facility, and whether the Facility will be monitored by a Board-approved monitor during the disciplinary period. If the Board finds that a licensee on disciplinary status is not qualified to serve as CHoR, the licensee may apply to serve as a CHoR at the conclusion of the disciplinary period,. The Board will then review the licensee's disciplinary history, compliance with probationary terms, and evidence of rehabilitation to evaluate the licensee's current qualifications for serving as CHoR at a particular facility.

A licensee with a case that is awaiting a formal adjudicatory hearing (and the case is with the Office of Prosecution of the Division of Professional Licensure) may be denied the opportunity to serve as a CHoR until the case is resolved. The determination of whether to deny will be made on a case-by-case basis. In order to make this determination, the Board will assess factors such as: the nature of the allegations; the evidence against the licensee; and the licensure history of the applicant including but not limited to past disciplinary history.