243 Mass. Reg. 4.01

Current through Register 1523, June 7, 2024

Section 4.01 - Scope and Construction of Rules

(1)Procedure Governed. 243 CMR 4.00 governs the disposition of matters relating to the practice of acupuncture by any person holding or having held a license issued by the Board of Registration in Medicine's Committee on Acupuncture under M.G.L. c. 112, §§ 148 through 162, and the conduct of adjudicatory hearings by the Committee. 243 CMR 4.00 is based on the principle of fundamental fairness to acupuncturists and patients and shall be construed to secure a speedy and just disposition. The Board and Committee may issue standing orders consistent with 243 CMR 4.00 and 801 CMR 1.00: Standard Adjudicatory Rules.

(2)Definitions. For the purposes of 243 CMR 4.00 and 5.00, the terms below have the following meanings :

Adjudicatory Hearing: a formal administrative hearing conducted pursuant to M.G.L. c. 30A.

Administrative Magistrate: a Hearing Officer from the Division of Administrative Law Appeals, conducting an adjudicatory hearing on behalf of the Committee, pursuant to M.G.L. c. 30A and 801 CMR 1.00.

Board: the Board of Registration in Medicine, including, but not limited to, its Acupuncture Unit, Data Repository Unit, Enforcement Unit, Patient Care Assessment Unit, Legal Unit, Licensing Unit, and its agents and employees.

Committee: the Committee on Acupuncture of the Board of Registration in Medicine, established under the provisions of M.G.L. c. 112, § 149.

Complaint: a communication filed with the Board or Committee which charges an acupuncturist with misconduct.

Informal: not subject to strict procedural or evidentiary rules.

Licensee: a person holding or having held any type of license issued pursuant to M.G.L. c. 112, §§ 148 through 162.

Party: a respondent, a complaint counsel representing the Enforcement Unit, or an intervenor in an adjudicatory proceeding pursuant to 801 CMR 1.01(9).

Respondent: the licensee named in a Statement of Allegations.

Statement of Allegations: a paper served by the Committee upon a licensee ordering the licensee to appear before the Committee for an adjudicatory proceeding and to show cause why the licensee should not be disciplined; a "Statement of Allegations" is an "Order to Show Cause" within the meaning of 801 CMR 1.01(6)(d).

243 CMR 4.01