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The 191st General Court of the Commonwealth of Massachusetts

Section 94A: Chiropractic facilities; licensing; exception

Section 94A. (a) A person shall not engage in the practice of chiropractic except in a licensed chiropractic facility and provided the person is licensed by the board pursuant to section 91 or 92.

(b) The board may authorize 1 or more licensed chiropractors, or any person employing a licensed chiropractor, to operate a licensed chiropractic facility if the facility satisfies the requirements established by the board by regulations, and upon payment to the board of an annual fee. The board shall promulgate regulations necessary to ensure the safe and lawful practice of chiropractic.

(c) A chiropractic facility shall not be licensed or operated unless the board has in its records the name and license number of the licensed chiropractor who is the chiropractor of record for that chiropractic facility. The chiropractor of record for the licensed chiropractic facility shall be responsible for operating the chiropractic facility in compliance with the laws of the commonwealth and the rules and regulations of the board.

(d) Each licensed chiropractic facility may be inspected by the board or its agents to determine its compliance with the laws of the commonwealth and the rules and regulations of the board. The chiropractor of record shall be responsible for cooperating with the inspection and any investigations conducted by the board or its agents. Upon request, the chiropractor of record shall provide the board or its agents with access to and, if requested, copies of any records, charts, reports, treatment notes, billing records, x-rays, test results, reviews, assessments, papers, correspondence and any other data or material. Any party required to provide documents in compliance with this section shall not be liable in any civil or criminal action for providing documents to the board.

(e) A license issued by the board for a chiropractic facility shall be valid only for the location named therein, and shall not be transferable. A license or renewal issued to a chiropractic facility shall expire on the date the commissioner of the division of professional licensure determines. Fees for licenses and renewals thereof shall be determined by the secretary of administration pursuant to section 3B of chapter 7 and shall be deposited in the Division of Professional Licensure Trust Fund established by section 35V of chapter 10.

(f) This section shall not apply to a chiropractor who owns and operates the practice, does not employ a chiropractor and is not in partnership with any other chiropractor.