Section 5.09 - Miscellaneous Provisions(1)Advertising and Professional Notices(a)Public Interest. A full licensee may advertise for patients by means that are in the public interest. Advertising that is not in the public interest includes the following: 1. advertising that is false, deceptive, or misleading;2. advertising that has the effect of intimidating or exerting undue pressure;3. advertising that guarantees a cure;4. advertising that makes claims of professional superiority that an acupuncturist cannot substantiate.(b)Contents of Advertising. A full licensee may advertise fixed prices, or a stated range of prices, for a specified routine professional service, provided such advertisement clearly states whether additional charges may be incurred for related services which may be required in individual cases. A licensee shall use the title "Licensed Acupuncturist" alongside his/her name on any advertising or other materials visible to the public which pertain to the licensee's practice of acupuncture. A full licensee shall include in an advertisement or professional notice his/her name, business address and title. "Licensed Acupuncturist" may be abbreviated as "L.Ac." or "Lic. Ac."(c)Advertising Records. A full licensee shall maintain a complete, accurate, and reproducible version of the audio and visual contents of any advertising for a period of three years. The licensee shall furnish the complete copy of this advertising to the Committee upon request. The cost of maintaining and providing this advertising copy shall be borne by the licensee.(d)Other Degrees. A licensee may not represent that he/she holds a Ph.D., O.M.D., M.A. or other doctoral or masters degree in the field of acupuncture and/or oriental medicine unless the educational program which awarded the degree is: 1. approved by the ACAOM or another Committee approved national accrediting agency to grant doctoral or masters degrees, and is permitted to grant such a degree by a state board or other authority of higher education that the Committee deems appropriate to grant such permission; or2. approved by the ministry of education of a foreign country to grant doctoral or masters degrees, and the Committee determines the degree to be equivalent to the same degree approved by the ACAOM or another Committee approved national accrediting agency.(e) A licensee who has a Ph.D. or a Masters degree in a field other than acupuncture or oriental medicine may, in any advertising or other materials visible to the public pertaining to the licensee's acupuncture practice, include the degree, provided that the field in which the degree was awarded is specied without using an abbreviation ( e.g., Ph.D., Musicology).(f) A licensee who has a Ph.D. in a field other than acupuncture or oriental medicine may not, under any circumstances, use the title "doctor" in any advertising or other materials visible to the public pertaining to the licensee's acupuncture practice.(g) A licensee may not represent that he/she holds a degree from an acupuncture school other than that degree which appears on his/her application for licensure and has been verified in accordance with the Committee's requirements, unless the additional degree has been also verified in accordance with the Committee's requirements.(2)Patient Records.(a) A licensee shall keep a complete and accurate acupuncture record of each patient the licensee treats. The record shall include: the name and address of the patient, the licensee's evaluation of the patient, the treatments given including the points needled , and the fee charged for the treatments. A licensee must maintain a patient's acupuncture record for a minimum period of seven years from the date of the last acupuncture treatment.(b) At a patient's request, a licensee shall provide the patient or another specifically authorized person with the following: 1. a summary of the patient's record, including all data deemed necessary by the patient or the specifically authorized person;2. a copy of the entire acupuncture record; or3. a copy of any previously completed report required for third party reimbursement.(c) A licensee may charge a reasonable fee to cover the expense of providing the material listed in 243 CMR 5.09(2)(b); however, a licensee may not require payment for previously rendered acupuncture treatment as a condition for providing the material.(d) A licensee who moves away from Massachusetts or assumes inactive status must: 1. retain patient records in accordance with 243 CMR 5.09(2), and notify the Committee as to any change in address for a period of seven years; or2. turn over to a successor or business partner patient records, which the successor or business partner agrees to retain in accordance with 243 CMR 5.09(2).(e) A licensee may, for purposes of seeking third party reimbursement, refer to a patient's diagnosis using western medicine terminology, either by reconfirming the diagnosis of a physician licensed in Massachusetts or by indicating a general clinical impression based on the patient's symptoms.(3)Requirement to Respond to the Committee. Unless otherwise ordered by the Committee, a licensee shall respond within 30 days to a written communication from the Board, Committee or designee of the Board or Committee, and shall provide the Board or Committee with any relevant records or other material with respect to an inquiry or complaint about the licensee's professional conduct. The 30 day period begins on the date the Board sends the communication by registered or certified mail with return receipt requested to the licensee's last known address.(4)Display of License. A licensee is required to display conspicuously his/her license certificate in his/her office. A licensee who is approved by the Committee to employ herbs in his/her acupuncture practice shall display conspicuously his/her license certificate indicating he/she is currently approved to use herbal therapy in his/her practice.(5)Acupuncture Assistants. (a) A licensee may employ the services of unlicensed assistants in accordance with the following requirements: 1. A licensee is responsible for the performance of assistants;2. A licensee may supervise no more than two assistants at any one time;3. A licensee shall inform the Committee of the name of any assistant he/she employs, and shall forward proof to the Committee that the assistant has received training in accordance with4. An assistant shall be at least 18 years of age;5. An assistant whose native language is other than English may be required to demonstrate proficiency in English through an examination chosen by the Committee;6. An assistant shall not do any of the following procedures involving patients: diagnosis, point location, needle insertion, manipulation, electrical stimulation, render advice to patients, or perform any other procedure requiring a similar degree of judgment or skill;7. An assistant may only do the following procedures involving patients: cupping, moxibustion, needle removal, gwua-sha, and the massaging of points.8. An assistant shall wear a name tag that identifies him/her as an acupuncture assistant to patients.9. An assistant shall have successfully completed a course or other training approved by the Committee in sterilization procedures and techniques before beginning work as an assistant.(b) If the Committee determines that an assistant or licensee has not complied with 243 CMR 5.09(5)(a), or that the assistant has committed any offense listed in M.G.L. c. 112, § 158 or 243 CMR 4.03(5)(a), the Committee may do any or all of the following: 1. withdraw the assistant's permission to work as an acupuncture assistant;2. withdraw the licensee's permission to hire acupuncture assistants;3. discipline the licensee pursuant to 243 CMR 4.00 and M.G.L. c. 112, § 158.(6)Retirement from the Practice of Acupuncture. (a) A licensee shall notify the Committee of the date he/she plans to retire from the practice of acupuncture. If there are no outstanding complaints against the licensee, the licensee may retire on that date. A retired licensee may still be disciplined under 243 CMR 4.00 after the date of his/her retirement.(b) A retired licensee, his/her successor or his/her estate, must retain patient records for a minimum period of seven years, and must make them available to former patients and other individuals in accordance with 243 CMR 5.09(2).(7)Discrimination Against Recipients of Public Assistance Prohibited. (a) A licensee may not discriminate against a person seeking acupuncture services solely because the person is a recipient of public assistance. 243 CMR 5.09(7) prohibits a licensee from acting differently toward a recipient of public assistance in any material manner, and requires a licensee to provide acupuncture services of the same quality and in the same manner to a recipient of public assistance as he/she would to any other person in similar circumstances who is not a recipient of public assistance.(b)243 CMR 5.09(7) does not prevent a licensee from limiting his/her practice to the treatment of certain types of physical problems or the use of certain procedures, so long as the limitations on the licensee's practice are made public, nor does this rule prevent a licensee from seeking reasonable evidence prior to providing acupuncture services that a person has the ability to pay for them.