243 Mass. Reg. 5.07

Current through Register 1523, June 7, 2024
Section 5.07 - Renewal Provisions
(1)Requirements for Renewal of a Full License.
(a) Pursuant to M.G.L. c. 112, § 156, a full licensee must renew his/her license every two years. The renewal date is the licensee's birthday. The first renewal date is in the second year following the year in which the full license was granted, unless that date is within 15 months of the date the license was originally granted, in which case the first renewal date is in the third year following the year in which the license was granted.
(b) The following are the requirements for renewal of a full license:
1. A licensee must submit to the Committee a completed renewal application form and the proper fee prior to the renewal date;
2. A licensee must fulfill the continuing acupuncture education requirement as defined in 243 CMR 5.10, or obtain a waiver or extension from the Committee pursuant to 243 CMR 5.10(4).
(2)Time Periods and Extensions of Deadlines. The Committee shall mail a licensee a renewal application 90 days prior to the renewal date. If the Committee fails to mail the renewal application in a timely manner, the licensee shall have 90 days from the date the application is sent to renew his/her application.
(3)Requirements for Inactive Status.
(a) A full licensee may request inactive status at any time. A licensee must make his/her request in writing to the Committee and certify that he/she will not practice acupuncture in Massachusetts. An inactive licensee is exempt from the continuing acupuncture education requirements set forth in 243 CMR 5.10, but is subject to all other provisions of 243 CMR 4.00 and 5.00.
(b) An inactive licensee may request in writing at any time that the Committee permit him/her to return to active status. The Committee shall grant such a request, provided that the licensee:
1. renews his/her license if it has lapsed during the period of inactivity; and
2. satisfies any continuing acupuncture education requirements that the Committee deems appropriate.
(4)Lapsed License.
(a) If an acupuncturist fails to renew his/her full license, the license automatically lapses pursuant to M.G.L. c. 112, § 156 and 243 CMR 4.00 and 5.00. A licensee may fail to renew his/her license within the meaning of 243 CMR 5.07 in a variety of ways including, but not limited to, the submission of an incomplete application. A license not renewed shall lapse at 11:59 P.M. on the license renewal date. An acupuncturist whose license has lapsed is prohibited from practicing acupuncture until he/she has completed the renewal requirements. The Committee may, at its discretion, permit the acupuncturist to practice acupuncture pending completion of the renewal requirements. Continued practice of acupuncture following lapse, without the written permission of the Committee, shall be subject to discipline as set forth in 243 CMR 4.00.
(b) An acupuncturist whose license has lapsed may petition the Committee, upon submission of a lapsed license application and payment of the required fee, to revive his/her license. If the Committee has reason to believe that the applicant has committed a violation of the law, or the Committee's regulations, or has deviated from good and acceptable standards of practice, or has raised a concern regarding his/her competency to practice acupuncture, the Committee may review the matter and, if it deems necessary, docket and investigate the matter. The Committee may defer action on the lapsed license application pending completion of the investigation or 180 days after the Committee's receipt of a complete lapsed license application, whichever is shorter, or should the Committee bring charges against the acupuncturist, pending completion of the adjudicatory process by the Committee. The 180-day period allowed for investigation shall be extended by any period of time during which the acupuncturist is unavailable or fails to cooperate with the Committee.
(c) An acupuncturist whose license has lapsed for more than two years shall be required to submit an original application for full licensure. The Committee may, at its discretion, require as a condition for re-licensure that the licensee complete all or part of the continuing acupuncture education requirements that have accrued, or retake the licensure examination if the license has lapsed for more than ten years.

243 CMR 5.07