Section 5.02 - Licensure Provisions(1)Types of Licenses. Two types of licenses are issued by the Committee: full licenses and temporary licenses. A full licensee may practice acupuncture in Massachusetts in accordance with M.G.L. c. 112, §§ 148 through 162 and 243 CMR 4.00 and 5.00.(2)Temporary License. A temporary licensee shall only practice acupuncture on an individual or patient in the course of: (a) supervising interns in a Committee approved internship program; or(b) demonstrating acupuncture techniques as part of an acupuncture educational seminar or program; or(c) participating in a postgraduate clinical training program; or(d) participating in a continuing education course that includes the insertion of needles; and(e) when a temporary licensee is participating in a postgraduate clinical training program or a continuing acupuncture education program, he/she must be supervised by an active full licensee. The supervisor must be approved by the Committee or its licensing subcommittee prior to the issuance of the temporary license.(3)Qualifications Required of Each Applicant. Each applicant for full and temporary licensure shall possess the following qualifications listed in M.G.L. c. 112, §§ 152(a), 152(b), and 152(c): (a) An applicant shall be at least 18 years of age; and(b) An applicant shall be of good moral character; and(c) An applicant shall demonstrate sufficient knowledge of the English language to understand and be understood by patients, physicians, and Board and Committee personnel, by submitting to the Committee proof of achieving the passing score on the TOEFL examination, or by certifying that he/she will employ the services of an interpreter at his/her own expense; and(d) An applicant must fulfill one of the criteria set forth in M.G.L. c. 112, § 152(d). As of December 31, 2010, the apprenticeship route will no longer be an acceptable substitute for meeting the formal education requirements.(e)NCCAOM Certification Required. As of January 1, 2009, an applicant for initial licensure must be nationally board certified in either Acupuncture, Oriental Medicine, or Chinese Herbology or be licensed in another state or foreign nation with which Massachusetts has a reciprocal licensing agreement.(4)Licensure Examination in Massachusetts.(a) The licensure examination consists of the following components: 1. the NCCAOM examination in Acupuncture; and2. the NCCAOM examination in Foundations of Oriental Medicine; and3. the NCCAOM examination in Point Location; and4. the NCCAOM examination in Biomedicine, as of January 1, 2007; and5. the CNT Course approved by NCCAOM; and6. any Massachusetts oral and/or practical examination that the Committee may, at its discretion, require of applicants until such time as the NCCAOM institutes an oral and/or practical component to its examination that is satisfactory to the Committee.(b) At the first meeting of the Committee in each calendar year, the Committee shall decide by majority vote whether to hold a Massachusetts oraland/or practical examination in a given calendar year, which decision shall be binding upon all applicants who take the licensure examination within that calendar year. The Committee may determine the rules governing any state examination. Whenever a Massachusetts examination is required, the Committee shall send written notification of the examination results to the applicant.(c) An applicant must pass each of the examination components to pass the licensure examination. The passing score for the examination component shall be set by the testing entity and the passing scores shall not be known prior to the exam. An applicant for initial licensure must take all examinations in the English language .(d) Passing the NCCAOM examination and the CNT course are prerequisites for taking any Massachusetts oral and/or practical examination that may be required by the Committee.(5)Committee Procedure for Evaluating Applications. (a) If an application for full licensure by examination is complete and filed on time, the Committee will make a preliminary evaluation of the applicant's credentials and decide whether to allow the applicant to take the examination. The Committee will inform the applicant of its decision 30 days prior to the date of the licensure examination, when such notice is possible.(b) Passing the licensure examination does not of itself entitle an applicant to be licensed. Upon receipt of an applicant's passing scores, the Committee shall review the applicant's application, and shall inform the applicant of its decision on licensure.(c) At any stage during the review of an application, the Committee or its Licensing Subcommittee may require an applicant to provide additional information, or appear personally before the Committee, the Licensing Subcommittee, or their designated representative for the purpose of answering questions pertaining to the application.(d) The Committee may, at its discretion, require an applicant to hire a credentials evaluation service approved by the Committee to evaluate the applicant's credentials of an applicant. The applicant shall pay for the evaluation.(6)Committee Denial of Applications. The Committee will inform an applicant in writing of the reasons his/her application was denied. If the Committee denies an application for reasons other than an applicant's failing the licensure examination, the applicant may submit a written request within 60 days from the date of denial that the application be reconsidered by the Committee, stating the reasons why the Committee should reverse its decision. An applicant may submit a request for reconsideration only once, unless the applicant states additional facts or circumstances that the applicant was unaware of at the time he/she made his/her first request and that are relevant to the Committee's decision.(7)Re-examination for Licensure. (a) An applicant who fails any of the components of the licensure examination may reapply to take the failed components. An applicant must submit an application for re-examination, and the application and examination fees, no later than 90 days prior to the date of the examination.(b) The Committee may require an applicant who fails the licensure examination or any of its components on two or more occasions to have further education or training which, in the judgment of the Committee, addresses the areas of deficiency.(8)Endorsement of Examination Results. (a) The Committee shall endorse the results of the NCCAOM examination or the CNT Course taken in another jurisdiction provided that the format or level of difficulty of a previous examination component is substantially the same as that of the current examination component, and provided also that the previous examination component was not administered in such a way as to compromise the integrity of the examination component.(b) An applicant whose examination results have been endorsed by the Committee must comply with all other requirements for being licensed by examination in order to be licensed in Massachusetts.(9)Licensure in Another State. An applicant for full licensure who holds a license to practice acupuncture in another state or foreign nation shall not be excused from any of the application requirements in M.G.L. c. 112 and 243 CMR 4.00 and 5.00 unless the Committee has entered into a reciprocal licensing agreement with that state, or unless the Committee has specifically exempted that applicant from a particular requirement.(10)Temporary Licensure. (a) The following individuals shall have a full or temporary license to practice acupuncture: 1. an instructor in a Committee approved internship program offered by a Committee approved school;2. an instructor in an acupuncture educational seminar or program who demonstrates acupuncture techniques on patients;3. a participant in a postgraduate clinical training program; or4. a participant in a Committee approved continuing acupuncture education course that includes the insertion of needles, in which case the temporary license shall be valid for three months.(b) To qualify for a temporary license as an instructor in a Committee approved internship program, an applicant shall have a temporary faculty appointment in a Committee approved school of acupuncture and shall have: 1. credentials equivalent to those necessary for full licensure; or2. training and experience which, in the judgment of the Committee, are sufficient for an instructor in an internship program.(c) To qualify for a temporary license as an instructor in an acupuncture educational seminar or program, an applicant shall have: 1. credentials equivalent to those necessary for full licensure; or2. training and experience which, in the judgment of the Committee, are sufficient for an instructor of the acupuncture techniques to be demonstrated in the educational seminar or program.(d) To qualify for a temporary license as a participant in a postgraduate clinical training program in acupuncture, an applicant shall be a graduate of a Committee approved acupuncture school, shall have been accepted into a postgraduate clinical training program, and shall have the undergraduate educational requirements specified in 243 CMR 5.10(1).(e) To qualify for a temporary license as a participant in a continuing acupuncture education course, an applicant shall be a graduate of a Committee approved acupuncture school, shall have been accepted into a Committee approved continuing acupuncture education course, shall have the undergraduate educational requirements specified in 243 CMR 5.03(1), and shall be supervised by an active licensed acupuncturist who is in good standing with the Committee.(f) Application for temporary licensure shall be made through the dean's office of the acupuncture school hiring the temporary licensee, through the organization sponsoring the acupuncture educational seminar or program, through the institution sponsoring the postgraduate clinical training program or by the applicant on an application form provided by the Committee. Temporary licensure is for one year with renewal yearly for a maximum of two years, with the exception of a temporary license granted under 5.02(2)(d), which shall be for three months with renewal for a maximum of one year. Completed applications must be submitted 60 days prior to the start of the internship program, educational seminar or program or postgraduate clinical training program.