243 Mass. Reg. 5.04

Current through Register 1523, June 7, 2024
Section 5.04 - Committee Approval of Acupuncture Schools and Clinical Programs

Pursuant to M.G.L. c. 112, § 152, to be eligible for licensure, an applicant must graduate from a committee approved course of academic training in acupuncture and complete a committee approved acupuncture internship.

(1)Committee Approval of Acupuncture Schools.
(a) The Committee may approve an acupuncture school, if the school:
1. is accredited by ACAOM, or by a federally approved accrediting agency that the Committee deems an appropriate agency for accrediting graduate schools in acupuncture; or
2. has candidacy status with ACAOM, or with a federally approved accrediting agency that the Committee deems an appropriate agency for granting candidacy status to graduate schools in acupuncture.
3. An acupuncture school must be a Committee approved school on the date the applicant graduates (i.e. the school must have ACAOM accreditation or candidacy status). Upon request, the Committee may waive this requirement for good cause.
(b) The Committee may, notwithstanding 243 CMR 5.04(1)(a)2., specify that accreditation be the sole criterion for school approval if the Committee determines that having candidacy status does not guarantee that a school meets the educational standards of the Committee.
(c) An acupuncture school located within the United States, Puerto Rico, the District of Columbia, or territory of the United States shall not be approved by the Committee unless it is accredited or has candidacy status in accordance with 243 CMR 5.04(1)(a).
(d) A school approved under 243 CMR 5.04(1)(a) shall apprise the Committee of any change in its accreditation or candidacy status within 14 days after the school receives notification that its status has changed, and shall verify reaccreditation when granted at the end of each accreditation period. A school approved under 243 CMR 5.04(1)(a) shall send new catalogues, bulletins, and application materials when published, and shall respond promptly to any requests for information from the Committee. The Committee may withdraw approval from a school approved under 243 CMR 5.04(1)(a) which fails to provide information to the Committee that the Committee needs to evaluate the applications for licensure of graduates of the school.
(2)Acupuncture Schools Outside of the U.S. As of January 1, 2009, educational institutions outside the United States, Puerto Rico, the District of Columbia, and the territories of the United States will be approved by the Committee on a case by case basis, according to the standards set by the AACRAO. The applicant for licensure shall submit a Foreign Education Review Application directly to the AACRAO, along with all educational documents requested by AACRAO. The applicant must receive a credentials review report from AACRAO, indicating that the school is recognized by a foreign governmental agency and that the courses taken by this applicant were equivalent to the ACAOM curricular requirements. The applicant shall submit the complete AACRAO credentials review report to the Committee, and the Committee will determine whether to approve the acupuncture school on the basis of such report, and any other additional information it may deem necessary.
(3)Committee Approval of Internship Programs.
(a) The Committee shall approve internship programs of Committee approved acupuncture schools. To be approved by the Committee, the internship program shall provide a minimum of 600 hours of clinical training in acupuncture, as defined in 243 CMR 5.04(3), and shall meet the requirements for internship programs listed in 243 CMR 5.04(3)(c) and 5.04(4)(a).
(b) Clinical training in acupuncture is defined as:
1. observation and discussion of acupuncture diagnoses and treatments performed on patients;
2. needle insertion and other acupuncture techniques on individual under the direct observation of instructors, and the practice of sterile technique in the clinic;
3. diagnosis and treatment of patients under the direct supervision of a clinical instructor who is a faculty member of the school, culminating in each individual student conducting complete evaluations, designing treatment plans, and carrying out treatments on individual patients for whose care the student is solely responsible.
(c) The following are the requirements for Committee approval of an internship program:
1. Of the total 600 hours of required clinical training, each student shall have spent a minimum of 100 hours in the supervised diagnosis and treatment of patients for whom the student is solely responsible.
2. A clinical instructor shall have under his/her supervision at any one time no more than ten students who are fulfilling the 100 hour requirement in 243 CMR 5.04(3)(c)1.
3. No more than one other student shall be present in a treatment room during the time that a student is fulfilling the 100 hour requirement in 243 CMR 5.04(3)(c)1., except for brief periods of time to observe conditions which a supervisor determines to be of educational value.
4. A clinic affiliated with an acupuncture school shall have on its staff at least one school-appointed adjunct faculty member who directly supervises interns.
5. A clinic affiliated with a school shall offer clinical instruction in accordance with a written set of criteria developed by the school, and clinical instructors and students shall be evaluated regularly by the school to ensure that the internship program operates in accordance with the criteria and consistently with other internship programs offered by the acupuncture school.
(d) If the Committee decides that it has insufficient information or is otherwise unable to grant approval on the basis of written materials, the Committee may conduct an on-site visit pursuant to approving an internship program.
(e) The Committee may periodically reapprove internship programs and may withdraw approval from a program if the Committee finds that the program no longer meets the requirements listed in 243 CMR 5.04(3) and 5.04(4). If the Committee withdraws approval from an internship program, the Committee shall inform the school in writing of the reasons for withdrawing approval. The school may submit a written request within 60 days from the date approval is withdrawn that the Committee reconsider its decision, stating the reasons for doing so. Acupuncture schools offering approved internship programs shall apprise the Committee annually of changes in the programs, such as changes in requirements or material covered.
(4)Additional Requirements for Internship Programs Located in Massachusetts.
(a) In addition to the requirements for internship programs listed in 243 CMR 5.04(3)(c), internship programs located in Massachusetts shall also meet the following requirements:
1. Clinical instructors shall be duly appointed faculty members of the acupuncture school, have full or temporary licenses, and be directly responsible for the actions of interns;
2. Interns participating in supervised clinical training as defined by 243 CMR 5.04(3)(b)3. shall be currently enrolled in and shall have completed one full year of study in a Committee approved acupuncture school.
3. Interns shall be under direct faculty supervision;
4. Interns shall be identified as such to patients, and patients shall agree in writing to be treated by interns;
5. The regulations governing safe practice, 243 CMR 5.08, and other applicable regulations and guidelines shall be observed in the clinic.
(b) An intern in Massachusetts who participates in a internship program that is not located in a clinic operated on the premises of a Committee approved school shall be registered with the Committee by the school in which the intern is enrolled.
(c) If the Committee determines that an internship program is being operated in violation of applicable regulations and guidelines, the Committee shall inform the acupuncture school with which the internship program is affiliated of the nature of the violations and the time in which the violations must be corrected. If the violations are not corrected the Committee may order that the program be discontinued. The Committee may, if the Committee determines that the health, safety or welfare of the public is threatened, order that the program be discontinued until the Committee is satisfied that any violations have been corrected.
(5)Postgraduate Clinical Training Programs.
(a) The Committee may approve postgraduate clinical training programs in Massachusetts sponsored by Committee approved acupuncture schools, hospitals licensed by the Joint Commission for the Accreditation of Hospitals, and other organizations that the Committee, in its discretion, deems appropriate to sponsor postgraduate clinical training programs in acupuncture in Massachusetts.
(b) An individual participating in postgraduate clinical training shall:
1. have a temporary license to practice acupuncture in Massachusetts;
2. be a graduate of a Committee approved acupuncture school;
3. b e identified to patients orally and with a name tag as a postgraduate clinical trainee. The patient shall also be advised of the right to refuse treatment by a clinical trainee.
(c) An institution which offers postgraduate clinical training shall:
1. comply with all applicable regulations and guidelines governing the practice of acupuncture;
2. provide the Committee with a detailed written description of the training program, and apprise the Committee of any changes that are made in the program;
3. have clinical instructors who are licensed acupuncturists, whose credentials are sufficient to instruct and supervise postgraduate clinical trainees, and who are directly responsible for supervising the diagnosis, treatment and evaluation of every patient treated by the postgraduate clinical trainee;
(d) The Committee may conduct an onsite visit to decide whether to approve a postgraduate training program, and to determine whether the institution is in compliance with 243 CMR 5.04(4)(b) and (c). The Committee may withdraw approval of a postgraduate clinical program if the Committee determines that the program is not in compliance.
(5)Reciprocal Approval Agreements. The Committee may enter into reciprocal agreements with other states to facilitate the approval of schools and clinical programs.

243 CMR 5.04