(1) Purpose. 243 CMR 5.00 is the judgment of the Board of Registration in Medicine and its Committee on Acupuncture concerning the practice of acupuncture. Its purpose is to prescribe substantive standards governing the practice of acupuncture which will promote the public health, safety and welfare, and inform acupuncturists of the Board's and Committee's expectations and requirements. The Board and Committee presume that every acupuncturist in the Commonwealth has notice of 243 CMR 5.00 and will practice acupuncture in accordance with it.
(2) Definitions. For the purposes of 243 CMR 4.00 and 5.00, the terms below have the following meanings:
AACRAO: the American Association of Collegiate Registrars and Admissions Officers.
ACAOM: the Accreditation Commission for Acupuncture and Oriental Medicine.
Acupuncture Assistant: a person who is employed by a licensed acupuncturist and registered with the Committee pursuant to 243 CMR 5.09(5).
Acupuncture Regulations: the regulations contained in 243 CMR 4.00 and 5.00.
Acupuncture School: any legally chartered school which grants diplomas, certificates or graduate degrees in acupuncture, or any department or program within a college or university that grants diplomas, certificates or graduate degrees in acupuncture.
Acupuncture Statutes: M.G.L. c. 112, §§ 148 through 162.
Acupuncture Student: a student enrolled in a legally chartered acupuncture school.
Acupuncturist: a person licensed under the provisions of M.G.L. c. 112, §§ 149 through 162, to practice acupuncture.
Acupuncture Intern: an acupuncture student engaged in practical training including needle insertion on human subjects in an acupuncture internship program approved by the committee.
CCAOM: the Council of Colleges of Acupuncture and Oriental Medicine.
CNT Course: the Clean Needle Technique Course administered by the CCAOM.
Continuing Acupuncture Education: a formal course or program relevant to the study or practice of acupuncture that directly contributes to the professional competence of the license.
Disciplinary Action: an action adversely affecting an acupuncturist which simultaneously meets the descriptions in 243 CMR 5.01(2)(a), (b) and (c), and which is limited as described in 243 CMR 5.01(2)(d) and (e):
(a) An action of an entity, including, but not limited to, a governmental authority, a health care facility, an employer, or a professional acupuncture association (international, national or local).
(b) An action that is:
- formal or informal; and
- oral or written.
(c) Any of the following actions or their substantial equivalents, whether voluntary or involuntary:
- Revocation of a right or privilege.
- Suspension of a right or privilege.
- Written reprimand or admonition.
- Restriction of a right or privilege.
- Non-renewal of a right or privilege.
- A required performance of public service.
- A course of education, training, counseling, or monitoring, only if such course arose out of the filing of a complaint or the filing of any other formal charges reflecting upon the licensee's competence to practice acupuncture.
- Denial of a right or privilege.
- Leave of absence.
- Withdrawal of an application.
- Termination or non-renewal of a contract with an acupuncturist.
(d) 243 CMR 5.01(2)(c)10. through 14. are "disciplinary actions" only if they relate directly or indirectly to: 1. the licensee's competence to practice acupuncture; or 2. a complaint or allegation regarding any violation of law or regulation (including, but not limited to, the regulations of the Board and Committee) or bylaws of a health care facility, substance abuse outpatient service program, group practice, or professional acupuncture association, whether or not the complaint or allegation specifically cites violation of a specific law, regulation, or bylaw.
(e) If based upon a failure to complete acupuncture records in a timely fashion or failure to perform minor administrative functions, a first or second written reprimand or admonition, or a first or second suspension or restriction of a right or privilege (if less than ten working days in any month), is not a "disciplinary action" for the purposes of mandatory reporting to the Committee.
Internship Program: a clinical program in acupuncture which provides clinical training.
License: an acupuncture license that the Committee issues to a person pursuant to the requirements of M.G.L. c. 112, §§ 148 through 162 and the acupuncture regulations, which authorizes the person to practice acupuncture.
Licensure Examination: the examination required by the Committee pursuant to M.G.L. c. 112, § 154. As of January 1, 2009, this examination will be the NCCAOM examination.
NCCAOM: the National Certification Commission for Acupuncture and Oriental Medicine.
The Practice of Acupuncture: the practice of medicine based upon traditional oriental medical theories; primarily the insertion of metal needles through the skin at certain points on the body, with or without the use of herbs, with or without the application of electric current, and with or without the application of heat to the needles, skin, or both, in an attempt to relieve pain or improve bodily function. Electroacupuncture, whether utilizing electrodes on the surface of the skin or current applied to inserted needles, and laser acupuncture are considered the practice of acupuncture.
(a) Acupuncture shall include, but not be limited to:
- Auricular, hand, nose, face, foot and/or scalp acupuncture therapy;
- Stimulation to acupuncture points and channels by use of any of the following:
a. Needles, moxibustion, cupping, thermal methods, magnets, gwua-sha, scraping techniques, acupatches, herbal poultices, ion cord linking acupuncture devices with wires, hot and cold packs, TDP (electromagnetic wave therapy) and lasers.
b. Manual stimulation, including stimulation by an instrument or mechanical device that does not pierce the skin, massage, acupressure, reflexology, shiatsu and tui na.
c . Electrical stimulation including electro-acupuncture, percutaneous and transcutaneous electrical nerve stimulation.
(b) Acupuncture diagnostic technique shall include but not be limited to the use of observation, listening, smelling, inquiring, palpation, pulses, tongue, physiognomy, five element correspondences, ryodoraku, akabani, German electro-acupuncture, Kirlian photography and thermography.
(c) The needles used in acupuncture shall be solid filiform instruments which shall include but not be limited to: dermal needles, plum blossom needles, press needles, prismatic needles and disposal lancets. The use of staples in the practice of acupuncture shall be prohibited.
(d) Adjunctive therapies shall include but not be limited to:
- oriental nutritional counseling, herbology, and the recommendation of nonprescription substances which meet the Food and Drug Administration labeling requirements as dietary supplements to promote health.
- recommendation of breathing techniques and therapeutic exercises; and
- lifestyle, behavioral, supportive, educational and stress counseling.
TOEFL: Test of English as a Foreign Language, administered by the Educational Testing Service.
TOEIC: Test of English for International Communication, administered by the Educational Testing Service.
TSE: Test of Spoken English, administered by the Educational Testing Service.
(3) Submission of Papers. The Committee's official mailing address is: Board of Registration in Medicine, Committee on Acupuncture, 200 Harvard Mill Square, Suite 330, Wakefield, MA 01880. Persons wishing to file papers with the Committee may mail them or hand deliver them to the above address, unless the Committee orders otherwise.
(4) Standing Orders. The Committee may issue standing orders consistent with 243 CMR 5.00 and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure.
(5) Change of Address. Whenever a licensee changes his/her mailing, home or principal business address, he/she shall notify the Committee of his/her new address, on the form the Committee prescribes, within 30 days of such change.
(6) Notice of Appearance. A notice of appearance on behalf of a Respondent shall be deemed an agreement between the Respondent and the person appearing on the Respondent’s behalf that such person shall accept service of any document on behalf of the Respondent.