Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2244 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 953 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2244
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brian W. Murray
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act providing for consumer access to and the right to practice complementary and alternative
13	13	health care services.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/17/2023Samantha Montaño15th Suffolk2/17/2023Jack Patrick Lewis7th Middlesex2/17/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/17/2023Mathew J. Muratore1st Plymouth2/17/2023Joseph D. McKenna18th Worcester2/17/2023James C. Arena-DeRosa8th Middlesex3/12/2023 1 of 3
17	17	HOUSE DOCKET, NO. 953 FILED ON: 1/17/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2244
19	19	By Representative Murray of Milford, a petition (accompanied by bill, House, No. 2244) of
20	20	Brian W. Murray and others relative to consumer access and the right to practice complementary
21	21	and alternative health care services. Public Health.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act providing for consumer access to and the right to practice complementary and alternative
28	28	health care services.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition,
32	32	2is hereby amended by adding the following section:-
33	33	3 Section 276. (a) As used in this section, the following terms shall have the following
34	34	4meanings, unless the context clearly requires otherwise:-
35	35	5 “complementary and alternative health care practitioner”, an individual who provides
36	36	6complementary and alternative health care services for remuneration or holds oneself out to the
37	37	7public as a provider of complementary and alternative health care services and who is not
38	38	8licensed, certified, or registered as a health care practitioner by the state of Massachusetts.
39	39	9 "complementary and alternative health care services", the broad domain of health and
40	40	10healing therapies and methods of practice not prohibited by subsection (e). 2 of 3
41	41	11 (b) A complementary and alternative health care practitioner who is providing
42	42	12complementary and alternative health care services shall not be in violation of any provisions of
43	43	13this chapter relative to the licensing of health care professionals unless the practitioner:
44	44	14 (i) fails to fulfill the duties of disclosure set forth in subsection (c); or
45	45	15 (ii) engages in any activity prohibited by subsection (e).
46	46	16 (c) A complementary and alternative health care practitioner shall, prior to providing
47	47	17services to a client for the first time, disclose the following information to the client in a plainly
48	48	18worded written document:
49	49	19 (i) the practitioner’s name, title, and business address and telephone number;
50	50	20 (ii) a description of the complementary and alternative health care services to be
51	51	21provided;
52	52	22 (iii) the practitioner’s degrees, training, experience, credentials, or other qualifications if
53	53	23any, relative to the complementary and alternative health care services being provided; and
54	54	24 (iv) a statement that any client records and transactions with the complementary and
55	55	25alternative health care practitioner are confidential unless the release of these records is
56	56	26authorized in writing by the client or otherwise provided by law.
57	57	27 (d) Before providing complementary and alternative health care services to a client, a
58	58	28complementary and alternative health care practitioner shall obtain a written acknowledgment
59	59	29from the client stating that he or she has been provided with the information described in
60	60	30subsection (c). The acknowledgement shall be maintained for 2 years by the practitioner. 3 of 3
61	61	31 (e) A complementary and alternative health care practitioner shall not:
62	62	32 (i) perform surgery or any other procedure that punctures the skin of a person;
63	63	33 (ii) use radiation, radioactive substances or local, general or spinal anesthesia;
64	64	34 (iii) prescribe or administer any form of fluoroscopy on any person;
65	65	35 (iv) prescribe or administer a prescription drug or controlled substance or a prescription
66	66	36medical device;
67	67	37 (v) provide a medical disease diagnosis;
68	68	38 (vi) perform a chiropractic adjustment;
69	69	39 (vii) represent that they practice massage therapy; or
70	70	40 (viii) hold out, state, indicate, advertise, or imply to any person that he or she is a health
71	71	41care provider licensed, certified, or registered by the commonwealth.
72	72	42 (f) This section shall not apply to, control, or prevent any health care professional
73	73	43licensed, certified, or registered by the commonwealth from practicing lawfully and in
74	74	44accordance with any general or special law relative to their professional practice or pursuant to
75	75	45any other general or special law.
76	76	46 (g) This section shall not apply to, control, or prevent any acts or persons that would
77	77	47otherwise be permitted by law.
78	78	48 SECTION 2. Section 1 shall take effect on January 1, 2024.