HOUSE DOCKET, NO. 1747        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2033

The Commonwealth of Massachusetts

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PRESENTED BY:

William Smitty Pignatelli

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act providing for consumer access to and disclosure of complementary and alternative health services.

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PETITION OF:

HOUSE DOCKET, NO. 1747        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2033

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act providing for consumer access to and disclosure of complementary and alternative health services.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.Chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby by amended by inserting at the end thereof, the following new section:-

Section 264. (a)  As used in this section, "complementary and alternative health services" shall mean the broad domain of alternative healing therapies and health maintenance methods not prohibited by subsection (d) of this Act.

(b)  A complementary and alternative health  practitioner who is providing complementary and alternative health services and who is not licensed, registered or certified as a health care provider under the Commonwealth shall not be in violation of Chapter 93A or any other health care practice act unless that individual:

(i)fails to fulfill the duties of disclosures set forth in part (c) of this Act, or

(ii)engages in any activity prohibited in part (d) of this Act.

(c) Prior to providing complementary and alternative health services to a client for the first time, the practitioner shall disclose the following information to the client in a plainly worded written document:

(i)the practitioner’s name, title, and business address and telephone number;

(ii)a description of the complementary and alternative health services to be provided;

(iii)the practitioner’s degrees, training, experience, credentials, or other qualifications relative to the complementary and alternative health services being provided;

(iv)a statement recommending to the client that they notify his or her other health care providers of complementary and alternative health services he or she receives; and

(v)that any violation of this section of law constitutes a violation of chapter 93A, the Commonwealth’s consumer protection law.

Before providing complementary and alternative therapeutic services to a client, a practitioner must obtain an acknowledgment from the client stating that he or she has been provided with the information described in this subsection.  The client shall be provided with a copy of this acknowledgment. The signed acknowledgement must be maintained for 7 years by the person providing the services.

(d) A person who provides complementary and alternative health services who is not licensed, registered or certified as a health care provider under the Commonwealth shall not:

(i)perform surgery or any other procedure that punctures the skin of a person;

(ii)use radiation, radioactive substances or local, general or spinal anesthesia;

(iii)prescribe or administer any form of fluoroscopy on any person;

(iv)prescribe or administer a legend drug or controlled substance or a legend medical device not otherwise licensed to prescribe;

(v)provide a medical diagnosis;

(vi)perform a chiropractic adjustment of the articulations of joints or the spine;

(vii)represent that they practice massage therapy;

(viii)fail to comply with any local licensing or regulatory requirements;

(ix)hold out, state, indicate, advertise, or imply to any person that he or she is a health care provider licensed, certified, or registered, by the Commonwealth.

(e) Any advertisement for complementary and alternative health services must disclose that the practitioner is not licensed, certified, or registered, as a health care provider by the Commonwealth with respect to the complementary and alternative health services advertised unless they are so licensed, certified, or registered with respect to those services.

(f) Nothing in this act shall prohibit any licensed health care provider in the Commonwealth from performing any complementary and alternative health services regulated by this Act, provided that he or she complies with part (c) and (e) of this Act. No licensed health care provider shall be penalized for consulting with or referring to a practitioner practicing in compliance with this law.

(g) Notwithstanding any other provision of law, a person who provides complementary and alternative health services in accordance with this section shall not be in violation of Chapter 93A or any other health care practice act.