HOUSE DOCKET, NO. 3538        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3660

The Commonwealth of Massachusetts

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PRESENTED BY:

John J. Lawn, Jr.

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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 the right to practice complementary and alternative health care services.

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PETITION OF:

HOUSE DOCKET, NO. 3538        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3660

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act providing for consumer access to and the right to practice complementary and alternative health care 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 2016 Official Edition, is hereby by amended by adding the following 5 sections:

Section 275. Sections 275 to 280, inclusive, shall be known and may be cited as the “Massachusetts Consumer Access and Right to Practice Complementary and Alternative Health Care Act”.

Section 276. As used in sections 276 to 280, inclusive, the following terms shall have the following meanings, unless the context clearly requires otherwise:-

“complementary and alternative health care practitioner” means an individual who provides complementary and alternative health care services for remuneration or holds oneself out to the public as a provider of complementary and alternative health care services and who is not licensed, certified, or registered as a health care practitioner by the state of Massachusetts.

"complementary and alternative health care services" means the broad domain of health and healing therapies and methods of practice not prohibited by section 279.

Section 277.  (a) A complementary and alternative health care practitioner who is providing complementary and alternative health care services shall not be in violation of chapter 93A or any other general or special law relative to health care practices unless the practitioner:

(i) fails to fulfill the duties of disclosure set forth in section 278, or

(ii) engages in any activity prohibited by section 279.

Section 278. (a) A complementary and alternative health care practitioner shall, prior to providing services to a client for the first time, 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 care services to be provided;

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

(iv) a statement that any client records and transactions with the complementary and alternative health care practitioner are confidential unless the release of these records is authorized in writing by the client or otherwise provided by law.

(b) Before providing complementary and alternative health care services to a client, a complementary and alternative health care practitioner shall obtain a written acknowledgment from the client stating that he or she has been provided with the information described in subsection (a).   The acknowledgement shall be maintained for 2 years by the practitioner.

Section 279. (a) A complementary and alternative health care practitioner 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;

(v) provide a medical disease diagnosis;

(vi) perform a chiropractic adjustment;

(vii) represent that they practice massage therapy; or

(viii) 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.

Section 280.  (a) Sections 275 to 279, inclusive, shall not apply to, control, or prevent any health care professional licensed, certified, or registered by the commonwealth, from practicing lawfully and in accordance with any general or special law relative to their professional practice or pursuant to any other general or special law.

(b) Sections 275 to 280, inclusive, shall not apply to, control, or prevent any acts or persons that would otherwise already be exempt from professional practice acts.

SECTION 2.   Section 1 shall take effect on January 1, 2020.