Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1329 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1365 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1329
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Nick Collins
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 :Nick CollinsFirst SuffolkJack Patrick Lewis7th Middlesex1/31/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/14/2023Mathew J. Muratore1st Plymouth2/14/2023 1 of 4
17	17	SENATE DOCKET, NO. 1365 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1329
19	19	By Mr. Collins, a petition (accompanied by bill, Senate, No. 1329) of Nick Collins, Jack Patrick
20	20	Lewis, Jacob R. Oliveira, Patrick M. O'Connor and others for legislation to provide for consumer
21	21	access to and the right to practice complementary and alternative health care services. Public
22	22	Health.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 1380 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act providing for consumer access to and the right to practice complementary and alternative
31	31	health care services.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition,
35	35	2is hereby amended by adding the following section:-
36	36	3 Section 276. (a) As used in this section, the following terms shall have the following
37	37	4meanings, unless the context clearly requires otherwise:-
38	38	5 “complementary and alternative health care practitioner”, an individual who provides
39	39	6complementary and alternative health care services for remuneration or holds oneself out to the
40	40	7public as a provider of complementary and alternative health care services and who is not
41	41	8licensed, certified, or registered as a health care practitioner by the state of Massachusetts. 2 of 4
42	42	9 "complementary and alternative health care services", the broad domain of health and
43	43	10healing therapies and methods of practice not prohibited by subsection (e).
44	44	11 (b) A complementary and alternative health care practitioner who is providing
45	45	12complementary and alternative health care services shall not be in violation of any provisions of
46	46	13this chapter relative to the licensing of health care professionals unless the practitioner:
47	47	14 (i) fails to fulfill the duties of disclosure set forth in subsection (c); or
48	48	15 (ii) engages in any activity prohibited by subsection (e).
49	49	16 (c) A complementary and alternative health care practitioner shall, prior to providing
50	50	17services to a client for the first time, disclose the following information to the client in a plainly
51	51	18worded written document:
52	52	19 (i) the practitioner’s name, title, and business address and telephone number;
53	53	20 (ii) a description of the complementary and alternative health care services to be
54	54	21provided;
55	55	22 (iii) the practitioner’s degrees, training, experience, credentials, or other qualifications if
56	56	23any, relative to the complementary and alternative health care services being provided; and
57	57	24 (iv) a statement that any client records and transactions with the complementary and
58	58	25alternative health care practitioner are confidential unless the release of these records is
59	59	26authorized in writing by the client or otherwise provided by law.
60	60	27 (d) Before providing complementary and alternative health care services to a client, a
61	61	28complementary and alternative health care practitioner shall obtain a written acknowledgment 3 of 4
62	62	29from the client stating that he or she has been provided with the information described in
63	63	30subsection (c). The acknowledgment shall be maintained for 2 years by the practitioner.
64	64	31 (e) A complementary and alternative health care practitioner shall not:
65	65	32 (i) perform surgery or any other procedure that punctures the skin of a person;
66	66	33 (ii) use radiation, radioactive substances or local, general or spinal anesthesia;
67	67	34 (iii) prescribe or administer any form of fluoroscopy on any person;
68	68	35 (iv) prescribe or administer a prescription drug or controlled substance or a prescription
69	69	36medical device;
70	70	37 (v) provide a medical disease diagnosis;
71	71	38 (vi) perform a chiropractic adjustment;
72	72	39 (vii) represent that they practice massage therapy; or
73	73	40 (viii) hold out, state, indicate, advertise, or imply to any person that he or she is a health
74	74	41care provider licensed, certified, or registered by the Commonwealth.
75	75	42 (f) This section shall not apply to, control, or prevent any health care professional
76	76	43licensed, certified, or registered by the commonwealth from practicing lawfully and in
77	77	44accordance with any general or special law relative to their professional practice or pursuant to
78	78	45any other general or special law.
79	79	46 (g) This section shall not apply to, control, or prevent any acts or persons that would
80	80	47otherwise be permitted by law. 4 of 4
81	81	48 SECTION 2. Section 1 shall take effect on January 1, 2024.