DIVISION AND BOARDS OF REGISTRATION

M.G.L. pt. Part I, tit. Title II, ch. c. 13

in effect

M.G.L. c. 13, § 8 Division of occupational licensure; commissioner; duties; compensation; appointment of successor

c. 13, § 8. Division of occupational licensure; commissioner; duties; compensation; appointment of successor Section 8. There shall be a division of occupational licensure under the supervision of a commissioner. Said commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty, and shall devote his full time during business hours to the duties of his office. Upon the expiration of the term of office of a commissioner, his successor shall be appointed by the governor for a term coterminous with that of the governor.

M.G.L. c. 13, § 8A Office of private occupational school education

c. 13, § 8A. Office of private occupational school education Section 8A. There shall be an office of private occupational school education within the division of occupational licensure, under the direction and supervision of the commissioner of the division. The office of private occupational school education shall assist the commissioner in carrying out the powers, duties and responsibilities set forth in section 263 of chapter 112 and the commissioner may appoint such employees as necessary to carry out such powers, duties and responsibilities. The office of private occupational school education shall not be considered a board serving in the division of occupational licensure, within the meaning of this chapter.

M.G.L. c. 13, § 9 Boards subsequently mentioned to serve in division; offices; compensation

c. 13, § 9. Boards subsequently mentioned to serve in division; offices; compensation Section 9. (a) The following boards of registration shall serve in the department of public health: the board of registration in medicine; the board of registration in nursing; the board of registration in pharmacy; the board of registration of physician assistants; the board of registration of perfusionists; the board of registration of nursing home administrators, the board of registration in dentistry, the board of registration of genetic counselors, the board of registration in midwifery, the board of certification of community health workers, the board of registration in naturopathy, the board of registration of social workers, the board of registration of psychologists, the board of registration of allied mental health and human services professions, the board of allied health professions, the board of registration of dieticians and nutritionists, the board of registration in podiatry, the board of registration in optometry, the board of registration of dispensing opticians, the board of registration of chiropractors, the board of registration of speech-language pathology and audiology, the board of registration of hearing instrument specialists, the board of certification of health officers, the board of registration of sanitarians and the board of registration of respiratory therapists. (b) All other boards of registration and examination mentioned in this chapter shall serve in the division of occupational licensure. (c) Notwithstanding any general or special law to the contrary, all of the board members of the department of public health or the division of occupational licensure shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.

M.G.L. c. 13, § 9A Rules and regulations governing examinations

c. 13, § 9A. Rules and regulations governing examinations Section 9A. The director, subject to the approval of the governor and council, may make such rules and regulations governing the conduct of written and oral examinations by the several boards of registration and examination aforesaid as shall tend to standardize procedure and protect the commonwealth and applicants for registration against fraud; provided, that nothing in this section shall prevent any such board from adopting under authority of other provisions of law specific rules and regulations which are not in conflict with the rules and regulations authorized by this section.

M.G.L. c. 13, § 9B Boards of registration; conflicting interests of public or lay members restricted; delegation of duties to single members; policy matters; definitions

c. 13, § 9B. Boards of registration; conflicting interests of public or lay members restricted; delegation of duties to single members; policy matters; definitions Section 9B. (a) A public member or a lay member of any board shall not be, nor shall he have been within the period of five years immediately preceding his appointment, any of the following: (1) An employer, or an officer, director, or substantially full-time representative of an employer or group of employers, of any licentiate of such board, except that this shall not preclude the appointment of a person who maintains infrequent employer status with such licentiate, or maintains a client, patient, or customer relationship with any such licentiate which does not constitute more than two per cent of the practice or business of the licentiate. (2) A person maintaining a contractual relationship with a licentiate of such board, which would constitute more than two per cent of the practice or business of any such licentiate, or an officer, director, or substantially full-time representative of such person or group of persons. (3) An employee of any licentiate of such board, or a representative of such employee, except that this shall not preclude the appointment of a person who maintains an infrequent employee relationship or a person rendering professional or related services to a licentiate if such employment or service does not constitute more than two per cent of the employment or practice of the member of the board. (4) A spouse, parent, grandparent, step-mother, step-father, step-son, step-daughter, child, grandchild, brother, sister, half-brother, half-sister, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, niece, nephew, uncle, aunt, of a licentiate of such board. (b) A public member, or a lay member, shall not have been engaged at any time within five years immediately preceding his appointment in pursuits which lie within the field of the industry or profession regulated by the board of which he is a member, nor shall he engage in any such pursuits during his term of office. (c) If any board shall as a part of its functions delegate any duty or responsibility to be performed by a single member of such board, such delegation shall not be made solely to any public member or any lay member of the board in any of the following instances: (1) The actual preparation of, the administration of, and the grading of, examinations. (2) The inspection or investigation of licentiates, the manner or method of practice or doing business, or their place of practice or business. (d) Nothing in this section shall be construed as precluding a public member or a lay member from participating in the formation of policy relating to the scope of the activities set forth in subdivisions (1) and (2) of paragraph (c) of this section or in the approval, disapproval or modification of the action of its individual members, nor preclude such member from participating as a member of a subcommittee consisting of more than one member of the board in the performance of any duty. (e) ''Board'', as used in this section, includes a board, commission, examining committee, or other similarly constituted body exercising powers under this chapter. ''Licentiate'' as used in this section means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this chapter.

M.G.L. c. 13, § 9C Boards of registration; members; public employees for certain purposes

c. 13, § 9C. Boards of registration; members; public employees for certain purposes Section 9C. The members of the boards of registration shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

M.G.L. c. 13, § 10 Board of registration in medicine; membership; appointment and term; expenses; rules and regulations

c. 13, § 10. Board of registration in medicine; membership; appointment and term; expenses; rules and regulations Section 10. There shall be a board of registration in medicine, in this section and section eleven called the board, consisting of seven persons appointed by the governor, who shall be residents of the commonwealth, five of whom shall be physicians registered under section two of chapter one hundred and twelve, or corresponding provisions of earlier laws, and two of whom shall be representatives of the public, subject to the provisions of section nine B. Each member of the board shall serve for a term of three years. No member shall be appointed to more than two consecutive full terms; provided, however, a member appointed for less than a full term may serve two full terms in addition to such part of a full term, and a former member shall again be eligible for appointment after a lapse of one or more years. Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. The board shall elect from its members a chairman, vice-chairman and secretary who shall serve for one year and until their successors are appointed and qualified. The board shall meet at least once a month or more often upon the call of the chairman at such times and places as the chairman shall designate. Members of the board shall, subject to appropriation, be paid thirty-five dollars for each day or part thereof spent in performing their duties, and shall receive their necessary traveling and other expenses while engaged in the business of the board, provided that the amount for expenses shall not be more than twenty dollars per day, except for traveling expense which shall not be more than eight cents per mile. The board shall adopt, and may amend or rescind, such rules and regulations as it deems necessary to carry out this chapter; provided, however, that prior to adoption, amendment or rescission, any rule or regulation shall be submitted to the commissioner of public health for approval. The board may, subject to the approval of the commissioner of public health, appoint appropriate staff, including an executive director, legal counsel and any such other assistants as the board may require. The board may also make contracts and arrangements for the performance of administrative and similar services required, or appropriate, in the performance of the duties of the board.

M.G.L. c. 13, § 10A Board of registration in medicine; review and approval of rules and regulations

c. 13, § 10A. Board of registration in medicine; review and approval of rules and regulations Section 10A. The commissioner of public health shall review and approve any rule or regulation proposed by the board of registration in medicine pursuant to section 10. Such rule or regulation shall be deemed disapproved unless approved within 30 days after submission to the commissioner pursuant to said section 10.

M.G.L. c. 13, § 11 Board of registration in medicine; meetings; officers; bond; salaries and expenses

c. 13, § 11. Board of registration in medicine; meetings; officers; bond; salaries and expenses Section 11. Said board shall hold regular meetings on the second Tuesdays of March, July and November in each year, and additional meetings at such times and places as it may determine. At the regular meeting in July, it shall organize by the choice of a chairman and secretary, who shall hold their offices for one year. The secretary shall give bond to the state treasurer in the sum of five thousand dollars, with sufficient sureties to be approved by the governor and council, for the faithful performance of his official duties. There shall be paid by the commonwealth to the secretary of the board a salary of fifty-six hundred and twenty-five dollars, to the chairman of the board a salary of twelve hundred and fifty dollars and to each of the other members thereof a salary of one thousand dollars, and to each member thereof his necessary traveling expenses actually incurred in attending the meetings of the board.

M.G.L. c. 13, § 11A Board of allied health professions; membership; appointment; term; removal; election of officers; expenses; powers and duties

c. 13, § 11A. Board of allied health professions; membership; appointment; term; removal; election of officers; expenses; powers and duties Section 11A. There shall be a board of allied health professions, hereinafter called the board, which shall consist of 15 members who are residents of the commonwealth to be appointed by the governor, 3 of whom shall be qualified athletic trainers licensed pursuant to section 23B of chapter 112, 2 of whom shall be occupational therapists licensed pursuant to said section 23B of said chapter 112, 1 of whom shall be an occupational therapy assistant licensed pursuant to said section 23B of said chapter 112, 2 of whom shall be physical therapists licensed pursuant to said section 23B of said chapter 112, 1 of whom shall be a physical therapist assistant licensed pursuant to said section 23B of said chapter 112, 3 of whom shall be lactation consultants licensed pursuant to said section 23B of said chapter 112, 2 of whom shall be physicians licensed pursuant to section 2 of said chapter 112 and 1 of whom shall be selected from and shall represent the general public. Each member of the board shall serve for a term of three years. No member shall be appointed to more than two consecutive full terms, provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term, and a former member shall again be eligible for appointment after a lapse of one or more years. A member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill such vacancy for the remainder of that member's year. The board shall, at its first meeting, and annually thereafter, elect from among its members a chairman, vice-chairman, and a secretary. Such officers shall serve until their successors are elected and qualified. The board shall meet at least once a month or more often upon the call of the chairman at such times and places as the chairman shall designate. Each member shall be reimbursed for necessary expenses incurred in the discharge of his official duties. The board shall have the following powers and duties: (a) The board shall administer, coordinate, and enforce the provisions of this section, evaluate the qualifications, and approve the examinations for licensure under this section, and may issue subpoenas, examine witnesses, and administer oaths, and may investigate allegations of practices violating the provisions of this section. (b) The board shall adopt rules and regulations relating to professional conduct to carry out the policy of this section including, but not limited to, regulations relating to professional licensure and to the establishment of ethical standards of practice for persons holding a license to practice athletic training, occupational therapy, physical therapy or lactation consulting in the commonwealth. (c) The board shall conduct such hearings and keep such records and minutes as are necessary to carry out its duties. The board shall provide reasonable public notice of the times and places of all hearings authorized under this section, in such manner and at such times as it may determine.

M.G.L. c. 13, § 11B Board of respiratory care; membership; qualifications; term

c. 13, § 11B. Board of respiratory care; membership; qualifications; term Section 11B. There shall be a board of respiratory care, hereinafter called the board, which shall consist of 7 members to be appointed by the governor and the appointments may be from among a list of nominations submitted by the Massachusetts Society for Respiratory Therapy or its successor. Members of the board shall be residents of the commonwealth and citizens of the United States. Two of such members shall be respiratory therapists licensed in accordance with section 23S of chapter 112 except that such members constituting the first board shall be persons eligible for licensing as practitioners of respiratory care; 2 of such members shall be physicians with pulmonary related specialties licensed in accordance with the provisions of section 2 of said chapter 112, 1 such member shall be a nurse with pulmonary related experience licensed in accordance with said chapter 112, and 2 of such members shall be consumers of respiratory care services selected from and representing the general public. Each member of the board shall serve for a term of three years except that immediately following the enactment of this section, the initial terms of two of the members shall be for a term of three years, two of the members shall be for a term of two years, and two of the members shall be for a term of one year. No member shall be appointed to more than two consecutive full terms; provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of one or more years.

M.G.L. c. 13, § 11C Board of registration of physician assistants; membership; appointment; term

c. 13, § 11C. Board of registration of physician assistants; membership; appointment; term Section 11C. There shall be a board of registration of physician assistants, herein called the board, to consist of nine members who are residents of the commonwealth, who shall be appointed by the governor, two of whom shall be licensed physicians who shall have been actively engaged in the practice of medicine for at least three years and at least one of whom shall be a member of the Massachusetts Medical Society; one of whom shall be an educator of physician assistants on the faculty or staff of an accredited physician assistant training program; four of whom shall be physician assistants duly certified in the commonwealth who may be selected from a list of names submitted by the Massachusetts Association of Physician Assistants or comparable organization representing physician assistants and two of whom shall be representatives of the general public. Members shall be appointed for a term of three years. No member shall be appointed to more than two consecutive full terms; provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of one or more years. Any member of the board may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. Said board shall elect its chairperson annually and shall meet at the call of such chairperson or upon the request of two or more members of the board. A quorum shall consist of at least five members present. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The board shall meet at least four times annually.

M.G.L. c. 13, § 11D Board of registration of dieticians and nutritionists

c. 13, § 11D. Board of registration of dieticians and nutritionists Section 11D. There shall be within the department of public health a board of registration of dietitians and nutritionists to be appointed by the governor, who in his discretion may seek the advice of the Massachusetts nutrition board, as established under section 181 of chapter 6, to consist of nine members who are citizens of the commonwealth, four of whom shall be licensed dietitians/nutritionists who are registered dietitians with the Commission on Dietetic Registration of the American Dietetic Association, one of whom shall be a licensed dietitian/nutritionist with a baccalaureate degree, one of whom shall be a licensed dietitian/nutritionist with a doctoral degree, one of whom shall be an educator from an accredited nutrition program in Massachusetts, and two of whom shall be consumers who are representatives of the general public. Of the first board appointed by the governor non-public members shall be registered dietitians or nutritionists with seven years of paid professional experience in the practice of dietetics. Members shall be appointed for a term of three years, except that of the members of the first board, three members shall be appointed for terms of one year, three members shall be appointed for terms of two years, and three members shall be appointed for terms of three years. No member shall be appointed to more than two consecutive full terms; provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term, and a former member shall again be eligible for appointment after a lapse of one or more years. Any member of the board may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. Said board shall elect its chairperson annually and shall meet at the call of such chairperson or upon the request of four or more members of the board. A quorum shall consist of at least five members present. Said chairperson shall only vote on board matters in the case of a tie. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The board shall meet at least four times annually.

M.G.L. c. 13, § 11E Board of registration of perfusionists; members; officers

c. 13, § 11E. Board of registration of perfusionists; members; officers Section 11E. There shall be a board of registration of perfusionists, herein called the board, to consist of seven members who shall be residents of the commonwealth, to be appointed by the governor who, in his discretion, may seek advice from the Massachusetts Society of Perfusion, or its successor. Four members shall be perfusionists licensed for two years in accordance with the provisions of section 213 or section 217 of chapter 112. Two members shall be licensed physicians, one of whom shall be actively engaged as a cardiovascular surgeon and one of whom shall be an anesthesiologist actively engaged in the practice of cardiac anesthesia, and one member shall be a representative of the general public. No member shall be an employee of a trade association in the field of health care and no member who is a representative of the general public shall be engaged in the practice of any health care profession. Members shall be appointed for terms of three years. No member shall be appointed to more than two consecutive full terms but a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of at least one year. A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against him and an opportunity to be heard. The board shall, at its first meeting and annually thereafter, elect from among its members a chairman, vice chairman and secretary. Officers shall serve until successors are elected and qualified. The board shall meet at the call of the chairman or upon request of four members of the board. The board shall meet at least two times annually. A quorum shall consist of four members present. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

M.G.L. c. 13, § 12A Board of registration in podiatry; membership; term

c. 13, § 12A. Board of registration in podiatry; membership; term Section 12A. There shall be a board of registration in podiatry, to be appointed by the governor, in this and in the following two sections called the board, consisting of five members, citizens of the commonwealth, three of whom shall have had at least seven years of practice in podiatry in this commonwealth. The fourth member shall be a registered physician who shall have had at least seven years of practice in medicine in this commonwealth. The fifth member shall be a representative of the public, subject to the provisions of section nine B. No member of the board shall be connected in any way with a school of podiatry or be financially interested in any manufacturing, wholesale or retail business, pertaining to podiatry in any form whatsoever. As the term of a member expires, his successor shall be appointed by the governor, to serve for five years.

M.G.L. c. 13, § 12B Board of registration in podiatry; meetings; officers; quorum

c. 13, § 12B. Board of registration in podiatry; meetings; officers; quorum Section 12B. The board shall annually meet in the month of October at such time and place as it shall determine, and shall organize by electing a chairman and secretary, who shall be members of the board, and who shall hold their respective offices for one year. The board shall hold at least six additional meetings at such times and places as it shall determine or upon call of the chairman. Three members of the board shall constitute a quorum for the transaction of business.

M.G.L. c. 13, § 12C Board of registration in podiatry; compensation and reimbursement of expenses

c. 13, § 12C. Board of registration in podiatry; compensation and reimbursement of expenses Section 12C. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 13 Board of registration in nursing; members; number; qualifications; appointment; term

c. 13, § 13. Board of registration in nursing; members; number; qualifications; appointment; term Section 13. (a) The governor shall appoint 17 members to a board of registration in nursing, hereinafter called the board. When making such appointments the governor shall consider persons suggested by nursing organizations in the commonwealth. Members shall be residents of the commonwealth. The composition of the board shall be as follows: 11 registered nurses; 2 licensed practical nurses; 1 physician registered pursuant to chapter 112; 1 pharmacist registered under section 24 of chapter 112 and 2 consumers. (b) At the time of appointment or reappointment, nurse members shall: (1) be currently licensed as nurses in the commonwealth; (2) have at least eight years of experience in nursing practice in the ten years immediately preceding the appointment; and (3) be currently employed in nursing in the commonwealth at the time of appointment or reappointment. (c) Registered nurse board members shall include representatives from long-term care, acute care, and community health settings in the following manner: (1) 3 representatives with expertise in nursing education whose graduates are eligible to write nursing licensure examinations, including 1 representative from pre-licensure level, 1 representative from graduate level and 1 representative from post-graduate level; provided, that none of these 3 representatives shall be from the same institution; (2) two registered nurses in advanced practice, both of whom must meet requirements for authorization as a registered nurse in advanced practice as established by the board, at least one of whom is employed providing direct patient care at the time of appointment; (3) one registered nurse who is currently employed as a nursing service administrator and who is responsible in that role for agency or service wide policy development and implementation; (4) 2 registered nurses not authorized in advanced nursing practice and who provide direct patient care; (5) 1 registered nurse currently providing direct care to patients with a substance use disorder; (6) 1 registered nurse currently providing direct care to patients in an outpatient, community-based, behavioral health setting; and (7) 1 registered nurse currently providing direct care to patients living with chronic pain. (d) Licensed practical nurse board members shall include representatives from at least 2 of the following 3 settings: long-term care, acute care, and community health settings. (e) The consumer board member shall be knowledgeable in consumer health concerns and shall neither be, nor ever have been, associated directly or indirectly with the provision of health care. (f) Board members shall serve for a term of three years and until the governor appoints a successor, no member may serve more than two consecutive full terms in any category. Completion of an unexpired term does not constitute a full term. No fewer than four members of the board shall be appointed each year. (g) The governor shall fill any vacancy on the board within ninety days of the date that position becomes vacant. (h) The present members of the board holding office upon the effective date of this act shall serve as members for the duration of their respective terms.

M.G.L. c. 13, § 14 Board of registration in nursing; meetings; officers; executive director; duties

c. 13, § 14. Board of registration in nursing; meetings; officers; executive director; duties Section 14. The board shall: (a) meet at least four times per year and shall elect a chairperson and officers annually; (b) appoint, employ and prescribe the duties of a qualified registered nurse to serve as executive director of the board, who shall not be subject to chapter thirty-one and who shall employ persons, as necessary, to administer section thirteen and this section and sections seventy-four to eighty-one C, inclusive, of chapter one hundred and twelve, and who shall receive such salary as may be fixed in accordance with chapter thirty; (c) have responsibility and power to administer, coordinate, and enforce the provisions of section thirteen and this section and sections seventy-four to eighty-one C, inclusive, of chapter one hundred and twelve and chapter 112A, without limitation to such other powers, duties, and authorities as it may be granted by its status; (d) be authorized to make, adopt, amend, repeal, and enforce such rules and regulations consistent with law as it deems necessary for the protection of the public health, safety and welfare and for proper administration and enforcement of its responsibilities; (e) conduct such hearings and keep records and minutes as are necessary to carry out its duties; (f) collect reasonable fees established pursuant to the provisions of section three B of chapter seven; provided, however, that in setting the level of said fees, the secretary of administration shall take into consideration the projected costs of assuring sufficient funding to meet the purposes of this section, including, but not limited to, clauses (g) to (k), inclusive; (g) conduct studies of the supply of nurses in the commonwealth and, in conjunction with other agencies of the commonwealth, evaluate the demand for nursing services; (h) provide consultation, conduct conferences, forms, studies and research on nursing practice, nursing education and related matters; (i) prepare and publish materials the board determines integral to the delivery of safe and effective nursing care; (j) notify all licensees annually about all changes in law and rules and regulations regarding nursing licensure and nursing practice; and (k) participate in, including attending at meetings of, and paying fees to, national organizations of state boards of nursing.

M.G.L. c. 13, § 14A Board of registration in nursing; assistant to executive director; qualifications; appointment

c. 13, § 14A. Board of registration in nursing; assistant to executive director; qualifications; appointment Section 14A. There shall be an assistant to the executive director of the board, who shall have been a registered nurse for at least five years prior to appointment, who shall be appointed by the director, with the approval of the board.

M.G.L. c. 13, § 15 Board of registration in nursing; compensation and expenses

c. 13, § 15. Board of registration in nursing; compensation and expenses Section 15. Each member of the board shall receive as compensation five hundred dollars a year for the performance of his duties, and also his necessary traveling expenses actually incurred in attending the meetings of the board, but subject to section fifteen D.

M.G.L. c. 13, § 15D Board of registration in nursing; compensation and expense limit

c. 13, § 15D. Board of registration in nursing; compensation and expense limit Section 15D. The compensation and traveling expenses of the members of the board, and the incidental expenses necessarily incurred by the board and by any member thereof paid by the commonwealth, in any year shall not exceed the receipts from registration and licensing paid to the commonwealth by the board.

M.G.L. c. 13, § 16 Board of registration in optometry; membership; appointment; term; qualifications

c. 13, § 16. Board of registration in optometry; membership; appointment; term; qualifications Section 16. There shall be a board of registration in optometry, in the following sections called the board, consisting of five members, citizens of the commonwealth to be appointed by the governor, four of whom shall have been engaged in the practice of optometry as defined in section sixty-six of chapter one hundred and twelve for the five years next preceding their appointment, and one of whom shall be a representative of the public, subject to the provisions of section nine B. One member shall annually, in September, be appointed by the governor for a term of five years. No member of the board shall be a stockholder of any school of optometry, a member of the faculty or on the board of trustees thereof, or financially interested in a manufacturing or wholesale optical business. No registered optometrist shall be appointed or reappointed to the board unless he is certified for use of diagnostic pharmaceutical agents under the provisions of section sixty-six A of said chapter one hundred and twelve.

M.G.L. c. 13, § 17 Board of registration in optometry; meetings; officers; secretary's bond

c. 13, § 17. Board of registration in optometry; meetings; officers; secretary's bond Section 17. The board shall annually meet in the month of October at such time and place as it shall determine, and shall organize by electing a chairman and secretary, who shall be members of the board, and who shall hold their respective offices for one year. The board shall hold additional meetings at such times and places as it shall determine, or upon call of the chairman. The secretary shall give to the state treasurer a bond, with sufficient sureties to be approved by the governor and council, for the faithful performance of his duties.

M.G.L. c. 13, § 18 Board of registration in optometry; compensation and reimbursement of expenses

c. 13, § 18. Board of registration in optometry; compensation and reimbursement of expenses Section 18. The members of the board shall serve without compensation shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 19 Board of registration in dentistry; membership; qualifications; appointment; term; advisors

c. 13, § 19. Board of registration in dentistry; membership; qualifications; appointment; term; advisors Section 19. There shall be a board of registration in dentistry, called the board in sections 19 to 21, inclusive. The board shall consist of 11 persons, each of whom shall be a legal resident of the commonwealth, to be appointed by the governor; 6 shall be graduates of a reputable dental college and be reputable dentists who have maintained a license to practice dentistry in the commonwealth for the 8 years preceding the appointment; 2 shall be graduates of a reputable school of dental hygiene and be reputable dental hygienists who have maintained a license to practice dental hygiene in the commonwealth for the 5 years preceding the appointment; 1 of whom shall be a dental assistant in the commonwealth for the 5 years preceding the appointment; and 2 shall be representatives of the public, subject to section 9B. No more than 1 member of the board who is a dentist may be a full-time member of the faculty or a trustee of an institution engaged in educating dentists or having power to confer degrees in dentistry. Board members shall serve for a term of 5 years. In April, the governor shall annually appoint a successor to those members of the board whose terms are expiring in that year. No member shall serve more than 2 full terms. There shall be two advisors to the board who shall be dental assistants. One dental assistant shall be appointed an advisor annually, in April, by the governor for a two year term. Any vacancy in the position of advisor shall be filled by the governor for the unexpired term. Advisors shall provide advice and consultation to the board within their area of expertise, and the board shall submit to the advisors for review and comment, at least sixty days prior to its publication as a proposal, any proposed rule or regulation, except emergency rules and regulations adopted under the provisions of clause (3) of section two of chapter thirty A, which would affect the activities of dental assistants.

M.G.L. c. 13, § 20 Board of registration in dentistry; board meetings; officers

c. 13, § 20. Board of registration in dentistry; board meetings; officers Section 20. The board shall hold at least two regular meetings in each year in Boston, and shall annually choose from its own number a chairman and a secretary.

M.G.L. c. 13, § 21 Board of registration in dentistry; salaries and expenses; accounts open to public

c. 13, § 21. Board of registration in dentistry; salaries and expenses; accounts open to public Section 21. There shall be paid by the commonwealth to the chairman of the board a salary of twelve hundred and fifty dollars, to the secretary thereof eighteen hundred and seventy-five dollars, and to the other members thereof one thousand dollars each, and to each member thereof his necessary traveling expenses actually incurred in attending meetings of the board. The board shall keep a record of all money received and expenses incurred by it, and a duplicate thereof shall be open to public inspection in the office of the comptroller.

M.G.L. c. 13, § 22 Board of registration in pharmacy; membership; qualifications; appointment; term; code of ethics

c. 13, § 22. Board of registration in pharmacy; membership; qualifications; appointment; term; code of ethics Section 22. (a) There shall be a board of registration in pharmacy, hereinafter referred to as the board in this section and sections 23 to 25A, inclusive. The governor shall appoint 13 members to the board. Members shall be residents of the commonwealth. No person who has been convicted of a felony or other crime involving embezzlement, theft, fraud or perjury shall serve as a member of the board. The board shall be comprised of: 8 registered pharmacists; 1 pharmacy technician; 1 representative of the public with experience in health care service delivery, administration or consumer advocacy, subject to section 9B; 1 physician registered pursuant to chapter 112; 1 nurse registered pursuant to said chapter 112; and 1 expert in patient safety and quality improvement. (b) The 8 registered pharmacists of the board shall each have had at least 7 consecutive years of experience in the practice of pharmacy and shall be currently employed in the practice of pharmacy in the commonwealth at the time of appointment or reappointment. (c) At the time of appointment or reappointment to the board, 2 of the 8 registered pharmacist members shall be independent pharmacists employed in the independent pharmacy setting. For the purposes of this section, ''independent pharmacist'' shall mean a pharmacist actively engaged in the business of retail pharmacy and employed by an organization, which is registered under section 39 of chapter 112, has 9 or fewer registered retail drugstores in the commonwealth and employs not more than 20 full-time pharmacists. (d) At the time of appointment or reappointment to the board, 2 of the 8 registered pharmacist members shall be chain pharmacists employed in the chain pharmacy setting. For the purposes of this section, ''chain pharmacist'' shall mean a pharmacist employed by a retail drug organization that operates 10 or more retail drug stores within the commonwealth and is registered under section 39 of chapter 112. (e) At the time of appointment or reappointment to the board, 1 of the 8 registered pharmacist members shall have had at least 7 years of experience in a hospital setting within the commonwealth. (f) At the time of appointment or reappointment to the board, 1 of the 8 registered pharmacist members shall have had at least 7 years of experience being employed in a long-term care pharmacy setting. (g) At the time of appointment or reappointment to the board, 1 of the 8 registered pharmacist members shall have had at least 7 years of experience in the practice of sterile compounding, as defined in section 39D of chapter 112, and shall be engaged in sterile compounding as a routine function of the member's employment. (h) At the time of appointment or reappointment to the board, 1 of the 8 registered pharmacist members shall be employed in an academic or scholarly position related to the practice of pharmacy with an institution of higher learning licensed by the commonwealth. (i) Not more than 1 pharmacist in any 1 practice setting defined in subsections (e) and (f) may serve on the board at any 1 time. Not more than 2 pharmacists in any 1 practice setting defined in subsections (c) and (d) may serve on the board at any 1 time. For the purposes of this subsection, the registered pharmacist under subsection (g) shall not constitute an appointment of an independent pharmacist, chain pharmacist, hospital pharmacist, long-term care pharmacist or academic pharmacist under subsections (c), (d), (e), (f) and (h). (j) At the time of appointment or reappointment to the board, the pharmacy technician member shall have had at least 7 years of practical experience as a pharmacy technician and shall be engaged in the practice of pharmacy as a routine function of the member's employment. (k) At the time of appointment or reappointment to the board, no registered pharmacist or pharmacy technician shall have had any type of disciplinary or enforcement action taken against them by the board, the federal Food and Drug Administration or the federal Drug Enforcement Administration during the 10 years preceding their appointment to the board. (l) For the purposes of this section, ''representative of the public'' shall mean a person whose background and experience qualifies that person to act on the board in the public interest, including experience in health care service delivery, administration or consumer advocacy and who meets the requirements of paragraph (4) of subsection (a) of section 9B. (m) At the time of appointment or reappointment to the board, no member of the board who is licensed to practice by the department of public health, division of occupational licensure or by the board of registration in medicine shall have had any type of disciplinary or enforcement action taken against them by their respective licensing board, the federal Food and Drug Administration or the federal Drug Enforcement Administration during the 10 years preceding their appointment to the board. (n) Board members shall be appointed and shall serve for a term of 3 years. The term shall begin on the first day of the month following the member's appointment. A member whose term has expired shall continue in office until a successor is appointed. No member shall serve more than 2 consecutive terms on the board. Members who have served the maximum number of consecutive terms shall be eligible for reappointment after not serving for at least 1 term. (o) Board members may only be removed by the governor for reasonable cause of neglect of duty, misconduct, malfeasance or misfeasance in office. Prior to removal, the member shall be given written notice of the basis for removal and be afforded a hearing before the governor or a designee. The member may appear at the hearing with witnesses and be represented by counsel. The hearing shall be held within 21 days of the notice. (p) Chapters 268A and 268B shall apply to the members of the board; provided, however, that the board shall establish a code of ethics, which shall be more restrictive than said chapters 268A and 268B, for all members, investigative agents appointed pursuant to section 25 and employees. A copy of the code shall be filed with the state ethics commission. The code shall include provisions reasonably necessary to carry out the purposes of this section and any other laws pertaining to the jurisdiction of the board including, but not limited to: (i) requiring the disclosure of any gifts received by board members by any person or entity subject to the jurisdiction of the board; (ii) prohibiting the participation by board members in a particular matter, as defined in section 1 of said chapter 268A, that affects the financial interest of a relative within the third degree of consanguinity or a person with whom the board member has a significant relationship as defined in the code; and (iii) providing for recusal of a board member in a licensing decision due to a potential conflict of interest.

M.G.L. c. 13, § 23 Board of registration in pharmacy; meetings; officers; secretary's bond

c. 13, § 23. Board of registration in pharmacy; meetings; officers; secretary's bond Section 23. The board shall meet on the first Tuesday of December in each year at such time and place as it may determine, and shall organize by electing a president and secretary, who shall be members of the board, and shall hold their offices for one year. The secretary shall give to the state treasurer a bond, with sufficient sureties to be approved by the governor and council, for the faithful performance of his official duties. The board shall annually hold regular meetings on the first Tuesdays of January, May and October, and additional meetings at such times and places as it shall determine. A member may serve up to 1 year as secretary and up to 1 year as president during any single term.

M.G.L. c. 13, § 24 Board of registration in pharmacy; salaries and expenses

c. 13, § 24. Board of registration in pharmacy; salaries and expenses Section 24. There shall be paid by the commonwealth to the secretary of the board a salary of twenty-two hundred and fifty dollars, to each of the other members thereof a salary of one thousand and fifty dollars, and to each member thereof his necessary traveling expenses actually incurred in attending the meetings of the board.

M.G.L. c. 13, § 25 Board of registration in pharmacy; agents; expenses; duties

c. 13, § 25. Board of registration in pharmacy; agents; expenses; duties Section 25. The board shall appoint agents who shall be allowed necessary traveling expenses. They shall inspect drug stores and all other places of business wherein drugs, medicines, patent medicines, medical preparations and medical supplies of any kind are sold or distributed, and shall make a report of their doings pertaining thereto to the board, and shall report all violations of the laws relating to pharmacy and the retail drug business and all violations of the rules and regulations of the board. As directed by the board, they shall file criminal complaints against all violators of such laws, rules or regulations.

M.G.L. c. 13, § 25A Agents appointed pursuant to Sec. 25; training

c. 13, § 25A. Agents appointed pursuant to Sec. 25; training Section 25A. As directed by the board, all agents appointed pursuant to section 25 shall be trained in chapters 795 and 797 of the United States Pharmacopeia and the National Formulary as well as additional sterile compounding and non-sterile compounding surveyor courses. This training shall include, but not be limited to, programs offered free of charge by the National Association of Boards of Pharmacy.

M.G.L. c. 13, § 26 Board of registration in veterinary medicine; membership; qualifications; term

c. 13, § 26. Board of registration in veterinary medicine; membership; qualifications; term Section 26. There shall be a board of registration in veterinary medicine, in sections twenty-seven and twenty-eight called the board, consisting of four veterinarians, and one representative of the public, subject to the provisions of section nine B. Each member of said board shall be a legal resident of the commonwealth. Each veterinarian member of said board shall be licensed to practice veterinary medicine in the commonwealth, a graduate of a school or college teaching veterinary medicine and approved by the approving authority, and shall have had at least five years' experience in the active practice of veterinary medicine, surgery and dentistry prior to his appointment. No member shall be a member of any faculty in any institution having the power to confer degrees in veterinary medicine. One member thereof shall annually before December first be appointed by the governor, for five years from January first following. No veterinarian member appointed to a full five year term under this section shall be reappointed to succeed himself.

M.G.L. c. 13, § 27 Board of registration in veterinary medicine; meetings; officers

c. 13, § 27. Board of registration in veterinary medicine; meetings; officers Section 27. The members of the board shall meet in February of each year, at such time and place as they shall determine, and shall immediately organize by electing a chairman and a secretary, who shall hold their respective offices for one year. The board shall hold regular meetings at such times and places as it may determine. The secretary shall keep suitable books in which shall be an accurate record of all the proceedings of the board, and shall perform such duties as the rules and regulations of said board shall direct.

M.G.L. c. 13, § 28 Board of registration in veterinary medicine; compensation and reimbursement of expenses

c. 13, § 28. Board of registration in veterinary medicine; compensation and reimbursement of expenses Section 28. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 29 Board of registration in embalming and funeral directing; membership; appointment; term

c. 13, § 29. Board of registration in embalming and funeral directing; membership; appointment; term Section 29. There shall be a board of registration in embalming and funeral directing, in this and the following two sections called the board, consisting of five members, citizens and residents of the commonwealth, four of whom shall have had at least five years' practical experience in embalming dead human bodies and in funeral directing. One member shall be a representative of the public, subject to the provisions of section nine B. Each member of the board shall be appointed by the governor for a term of five years. Each member shall continue to serve until the qualification of his successor. The governor may also fill any vacancy in the board for the unexpired term. In making such appointments, 4 of the members shall reside outside of Suffolk County. Not more than three members of said board shall be members of the same political party.

M.G.L. c. 13, § 30 Board of registration in embalming and funeral directing; meetings; officers; secretary's bond

c. 13, § 30. Board of registration in embalming and funeral directing; meetings; officers; secretary's bond Section 30. The board shall hold regular meetings on the first Tuesday of each month, and such additional meetings at such times and places as it may determine. At the regular meeting in October, it shall organize by the choice of a chairman and secretary, who shall be members thereof, and shall hold such offices for one year. The secretary shall give to the state treasurer a bond, with such sureties as shall be approved by the governor and council, for the faithful discharge of his duties.

M.G.L. c. 13, § 31 Board of registration in embalming and funeral directing; compensation and reimbursement of expenses

c. 13, § 31. Board of registration in embalming and funeral directing; compensation and reimbursement of expenses Section 31. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 32 State examiners of electricians; membership; appointment and term; compensation and reimbursement of expenses

c. 13, § 32. State examiners of electricians; membership; appointment and term; compensation and reimbursement of expenses Section 32. The state examiners of electricians, hereinafter, called the board, shall consist of the state fire marshal, the associate commissioner for the division of occupational education in the department of education, ex officiis, and 9 persons to be appointed for terms of three years each by the governor. One of said appointees shall be a representative of the public, subject to the provisions of section nine B and one shall be a local wiring inspector who is an electrician licensed under chapter one hundred and forty-one. One of the appointees shall be a vocational-technical electrical educator or administrator, who shall be selected from a group of 3 nominees, to be nominated by the Massachusetts Association of Vocational Administrators. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 32A Board of electricians' appeals

c. 13, § 32A. Board of electricians' appeals Section 32A. There shall be a board of electricians' appeals, whose membership shall consist of the members of the state examiners of electricians. The chairman of the state examiners of electricians shall be the chairman of said board. Said board may make such rules or regulations, not inconsistent with law, as it may deem necessary in the performance of its duties and may establish forms of appeals and petitions, and reasonable fees, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. Said board shall hold such meetings as are required to perform its duties. Notice of all meetings, including the time and place, shall be required by rules or regulations. A majority of said board may transact business, but a lesser number may adjourn from time to time. No member of said board shall act or vote as such on any matter in connection with which his private interest, as distinguished from the public interest, is immediately concerned. The state examiners of electricians shall assign such clerical, technical and other assistance as may be required by the board of electricians' appeals.

M.G.L. c. 13, § 33 Board of public accountancy; membership; appointment; terms; removal

c. 13, § 33. Board of public accountancy; membership; appointment; terms; removal Section 33. (a) There shall be a board of public accountancy, in this section and in sections thirty-four and thirty-five called the board, consisting of five members, to be appointed by the governor. Each member shall be a citizen of the commonwealth. Four of the members shall hold a certificate, as defined in section 87A of chapter 112, and shall have been actively engaged on his own account or with a firm as an owner, for a period of at least 7 years. The fifth member shall be a representative of the public, subject to the provisions of section nine B. Upon the expiration of the term of a member his successor, qualified as aforesaid, shall be appointed by the governor for a term of five years. The governor shall remove from the board any accountant member whose certificate of registration or license has become void, or has been revoked or suspended. [There is no subsection (b).]

M.G.L. c. 13, § 34 Board of public accountancy; officers; records of proceedings; register; meetings

c. 13, § 34. Board of public accountancy; officers; records of proceedings; register; meetings Section 34. (a) The board shall annually elect a chairman and a secretary from its members. The board shall hold meetings at such times as it shall determine, and may adopt, revoke and amend from time to time regulations for the orderly conduct of its internal affairs and practice. A majority of the board shall constitute a quorum for the transaction of business. The board shall keep records of its proceedings. In any judicial proceeding, civil or criminal, arising out of or founded upon any provision of sections eighty-seven A to eight-seven E, inclusive, of chapter one hundred and twelve, certified copies of any such records made in the performance of any duty of the board shall be admissible in evidence as tending to prove the content of said records. The board shall maintain a register of persons, partnerships and professional corporations registered as certified public accountants, which shall be open to public inspection. A duplicate list shall also be open to inspection in the office of the secretary of state. Meetings of the board shall be open to the public except insofar as they are concerned with investigations under the provisions of section eighty-seven A1/2 to eighty-seven E, inclusive, of chapter one hundred and twelve and except as may be necessary to protect information which is required to be kept confidential by board rules or by the laws of the commonwealth. The board shall have a seal which shall be judicially noticed. The board shall retain or arrange for the retention of all applications and all documents under oath which are filed with the board, and records of its proceedings, and shall maintain a registry of the names and addresses of all licensees. A duplicate list shall also be open to inspection in the office of the secretary of state. In any proceedings in court, civil or criminal, arising out of or founded upon any provisions of said sections eighty-seven A1/2 to eighty-seven E, copies of any of said records certified as true copies under the seal of the board shall be admissible in evidence as tending to prove the contents of said records. [There is no subsection (b).]

M.G.L. c. 13, § 35 Board of public accountancy; compensation and reimbursement of expenses

c. 13, § 35. Board of public accountancy; compensation and reimbursement of expenses Section 35. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 36 Board of state examiners of plumbers and gas fitters; membership; appointment; term; chairperson

c. 13, § 36. Board of state examiners of plumbers and gas fitters; membership; appointment; term; chairperson Section 36. There shall be a board of state examiners of plumbers and gas fitters, in sections 37 and 38 called the examiners, to consist of nine members who shall be citizens of the commonwealth, one of whom shall be the commissioner of public health or his designee, one of whom shall be the commissioner of the division of occupational licensure or his designee and seven persons to be appointed by the governor, one of whom shall have at least ten years of practical experience as a master plumber, one of whom shall be a journeyman plumber with at least ten years of practical experience and who is a wage earner, one of whom shall be a sanitary or plumbing engineer, one of whom shall be a master gas fitter with at least ten years of practical experience in the field of undiluted liquefied petroleum gas and natural gas, one of whom shall be a journeyman gas fitter with at least ten years of practical experience and who is a wage earner, one of whom shall be a master or journeyman gas fitter with at least ten years of practical experience in the design and installation of liquefied petroleum gas systems and one of whom shall be a representative of the public subject to the provisions of section 9B. As the term of office of a member expires, the governor shall appoint a successor to serve for three years. The governor shall designate the chairperson of the board and may, at any time, change such designation.

M.G.L. c. 13, § 37 Board of state examiners of plumbers and gas fitters; meetings

c. 13, § 37. Board of state examiners of plumbers and gas fitters; meetings Section 37. The examiners shall hold meetings at such times and places as they may designate.

M.G.L. c. 13, § 38 Board of state examiners of plumbers and gas fitters; compensation and reimbursement of expenses

c. 13, § 38. Board of state examiners of plumbers and gas fitters; compensation and reimbursement of expenses Section 38. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 42 Board of registration of cosmetology and barbering; membership; appointment and term

c. 13, § 42. Board of registration of cosmetology and barbering; membership; appointment and term Section 42. There shall be a board of registration of cosmetology and barbering to consist of 9 members who shall be appointed by the governor, 1 of whom shall be designated as chairperson by a majority vote of the board. Members shall be appointed for terms of 3 years; provided, however, that any person designated to fill a vacancy shall be appointed only for the remainder of the unexpired term of the member so replaced. Upon the expiration of a term of office, a board member may continue to serve until a successor has been appointed and qualified. The governor may remove the chairperson or other member of the board for neglect of duty or malfeasance or upon a conviction of a felony or crime of moral turpitude. No board member shall participate in any matter before the board in which the member has a pecuniary interest, personal bias or other conflict. The governor shall appoint members to the board from among candidates who meet the following qualifications:- (i) 8 members shall be licensees of the board, in compliance with sections 87T to 87KK, inclusive, of chapter 112, 1 of whom shall own a licensed cosmetology school or post-secondary institution for at least 5 years, 1 of whom shall be a cosmetologist for at least 5 years, 1 of whom shall be a licensed shop owner for at least 5 years, 1 of whom shall be a licensed vocational educator from the public sector who has taught cosmetology or barbering for at least 5 years, 2 of whom shall be licensed master barbers for at least 5 years, 1 of whom shall be a licensed electrologist for at least 5 years and 1 of whom shall be a licensed aesthetician for at least 5 years; and (ii) 1 member shall be a representative of the general public and shall have no direct affiliation with the practice of cosmetology, barbering or electrology.

M.G.L. c. 13, § 44A Board of registration of architects; membership; appointment; term

c. 13, § 44A. Board of registration of architects; membership; appointment; term Section 44A. There shall be in the division of occupational licensure a board of registration of architects, in this and the following three sections called the board, to be appointed by the governor, consisting of five members, citizens of the commonwealth, four of whom shall each have been engaged in the practice of architecture for a period of ten years or more prior to his appointment, and shall be registered architects. The fifth member shall be a representative of the public, subject to the provisions of section nine B. As the term of office of a member of the board expires, his successor, qualified as aforesaid, shall be appointed by the governor, to serve for five years. Each member shall continue to serve until the qualification of his successor. The governor may also fill any vacancy in the board for the unexpired portion of the term.

M.G.L. c. 13, § 44B Board of registration of architects; meetings; officers; quorum

c. 13, § 44B. Board of registration of architects; meetings; officers; quorum Section 44B. The board shall hold at least two regular meetings each year, and may hold special meetings as required. Time, place and notice of all meetings shall be as required by rules or by-laws determined by the board. At the first regular meeting each year, the board shall organize and choose from their own members, a chairman, a vice chairman and a secretary. A quorum shall consist of three members.

M.G.L. c. 13, § 44C Board of registration of architects; rules and by-laws; seal; powers; annual report

c. 13, § 44C. Board of registration of architects; rules and by-laws; seal; powers; annual report Section 44C. The board may make such rules or by-laws, not inconsistent with law, as it may deem necessary in the performance of its duties. The board shall have a seal, and its members may administer oaths in the performance of its duties. The board shall have power to summon witnesses and to take testimony and require proofs concerning all matters within its jurisdiction. The board shall annually render to the governor a report of its proceedings, which shall include an itemized statement of all receipts and expenses of the board for the year.

M.G.L. c. 13, § 44D Board of registration of architects; compensation and reimbursement of expenses

c. 13, § 44D. Board of registration of architects; compensation and reimbursement of expenses Section 44D. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 45 Board of registration of professional engineers and of land surveyors; membership; appointment; terms

c. 13, § 45. Board of registration of professional engineers and of land surveyors; membership; appointment; terms Section 45. There shall be a board of registration of professional engineers and of land surveyors, in this section and in sections forty-six and forty-seven called the board, consisting of six registered professional engineers, 3 registered land surveyors and one representative of the public, subject to the provisions of section nine B, who are citizens of the United States and residents of the commonwealth, appointed by the governor. Of the professional engineer members of said board, one shall be a civil engineer, one shall be a mechanical engineer, one shall be an electrical or electronics engineer, one shall be a chemical engineer, one shall be both a civil engineer and a registered land surveyor, and the sixth member shall represent any technical branch or specialty of engineering other than those listed above. Each member of the board except the member who is both a civil engineer and a registered land surveyor, the members who are registered land surveyors, and the member who is a representative of the public shall have been actively engaged in the practice of engineering for at least twelve years, and shall have been in responsible charge of important engineering work or in engineering teaching, or both, for at least five years. The member of the board who is both a civil engineer and a registered land surveyor and the members of the board who are registered land surveyors shall have been actively and principally engaged in the practice of land surveying for at least twelve years, and shall have been in responsible charge of land surveying work for at least five years. Upon the expiration of the term of a member of the board his successor, qualified as aforesaid and representative of the same branch of engineering or the public, as the case may be, shall be appointed for a term of five years by the governor. All professional engineer members of the board shall be in active practice of their profession at the time of their appointment. In the event of a vacancy in the board caused otherwise than by expiration of the term of office of a member qualified as above and similarly representative shall in like manner be appointed for the remainder of the unexpired term and until the qualification of his successor. The board may: (i) establish the requirements for registration of professional engineers and professional land surveyors; (ii) establish standards of professional and ethical conduct for professional engineers and professional land surveyors; (iii) authorize and conduct appropriate examinations to determine the qualifications of applicants; (iv) grant certificates of registrations to qualified applicants; (v) establish standards for continuing education; and (vi) set and administer penalties as provided in sections 61 to 65E, inclusive, and section 81P of chapter 112 for fraudulent, deceptive or professionally-incompetent and unsafe practices and for violations of rules and regulations promulgated by the board.

M.G.L. c. 13, § 46 Board of registration of professional engineers and of land surveyors; meetings; officers

c. 13, § 46. Board of registration of professional engineers and of land surveyors; meetings; officers Section 46. The members of the board shall hold at least two regular meetings each year, and may hold such special meetings at such time and place as the board may provide by by-law or rule. Notice of all such meetings shall be given as provided by such by-laws or rules. At the first regular meeting in each year the members of the board shall choose from their own number a chairman, a vice-chairman and a secretary.

M.G.L. c. 13, § 47 Board of registration of professional engineers and of land surveyors; compensation; expenses; limitations

c. 13, § 47. Board of registration of professional engineers and of land surveyors; compensation; expenses; limitations Section 47. The members of the board shall receive no compensation, but each member shall receive from the commonwealth the expenses necessarily incurred by him in connection with his official duties; provided, that such compensation and expenses shall not in any year be in excess of the annual receipts for examinations and registration and from other sources paid to the commonwealth by the board for the purposes of sections eighty-one D to eighty-one T, inclusive, of chapter one hundred and twelve.

M.G.L. c. 13, § 48 Board of registration of dispensing opticians; membership; appointment; term

c. 13, § 48. Board of registration of dispensing opticians; membership; appointment; term Section 48. There shall be a board of registration of dispensing opticians to be appointed by the governor, with the advice and consent of the council. The board shall consist of five members, citizens of the commonwealth, four of whom shall have been principally engaged as dispensing opticians, as defined in section seventy-three C of chapter one hundred and twelve, for a period of not less than ten years and none of whom shall be in any way connected with any ophthalmic school or college. The fifth member shall be a representative of the public, subject to the provisions of section nine B. One member shall annually in January be appointed by the governor, for a term of five years.

M.G.L. c. 13, § 49 Board of registration of dispensing opticians; meetings; officers; secretary's bond

c. 13, § 49. Board of registration of dispensing opticians; meetings; officers; secretary's bond Section 49. The board shall annually meet in the month of October at such time and places as it shall determine, and shall organize by electing a chairman and secretary who shall be members of the board and who shall hold their respective offices for a period of one year. The board shall hold additional meetings at such time and places as it shall determine or upon call of the chairman. The secretary of the board shall give the state treasurer a bond with sufficient sureties, to be approved by the governor and council, for the faithful performance of his duties.

M.G.L. c. 13, § 50 Board of registration of dispensing opticians; compensation and reimbursement of expenses

c. 13, § 50. Board of registration of dispensing opticians; compensation and reimbursement of expenses Section 50. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 54 Board of registration of real estate brokers and salesmen; membership; appointment; term; vacancies

c. 13, § 54. Board of registration of real estate brokers and salesmen; membership; appointment; term; vacancies Section 54. There shall be a board of registration of real estate brokers and salesmen, in this section and in sections fifty-five to fifty-seven, inclusive, called the board, to be appointed by the governor, with the advice and consent of the council, consisting of five members, citizens of the commonwealth, three of whom shall have been actively engaged in the real estate business as a full-time occupation for at least seven years prior to their appointment and who shall be licensed real estate brokers, and two of whom shall be representatives of the public. The governor shall designate the chairman. As the term of office of a member of the board expires, his successor shall be appointed by the governor, with like advice and consent, to serve for five years. Each member shall be eligible for reappointment and shall serve until the qualification of his successor. The governor may also, with like advice and consent, fill any vacancy in the board for the unexpired portion of the term.

M.G.L. c. 13, § 55 Board of registration of real estate brokers and salesmen; meetings; notice, quorum; record

c. 13, § 55. Board of registration of real estate brokers and salesmen; meetings; notice, quorum; record Section 55. The board shall hold at least four regular meetings each year and may hold special meetings as required. Time, place and notice of all meetings shall be as required by rules or by-laws made by the board. A quorum shall consist of three members. In case of vacancy in the office or absence of the chairman the senior member shall perform the duties of the chairman. A written record which shall be open to public inspection shall be kept of all meetings and of the business transacted thereat.

M.G.L. c. 13, § 56 Board of registration of real estate brokers and salesmen; rules and by-laws; seal; annual report; contents

c. 13, § 56. Board of registration of real estate brokers and salesmen; rules and by-laws; seal; annual report; contents Section 56. The board may make such rules or by-laws, not inconsistent with law, as it may deem necessary in the performance of its duties. The board shall have a seal. The board shall annually render to the governor and the general court a report of its proceedings, which shall include an itemized statement of all receipts and expenses of the board for the year.

M.G.L. c. 13, § 57 Board of registration of real estate brokers and salesmen; compensation and reimbursement of expenses

c. 13, § 57. Board of registration of real estate brokers and salesmen; compensation and reimbursement of expenses Section 57. Each member of the board shall serve without compensation, but shall be paid by the commonwealth the expenses necessarily incurred by him in the discharge of his official duties.

M.G.L. c. 13, § 64 Board of registration of chiropractors membership; appointment and qualifications

c. 13, § 64. Board of registration of chiropractors membership; appointment and qualifications Section 64. There shall be a board of registration of chiropractors, in this section and in sections sixty-five and sixty-six called the board, consisting of seven members to be appointed by the governor, who shall be residents of the commonwealth, six of whom shall be registered chiropractors, and one of whom shall be a representative of the public, subject to the provisions of section nine B. Upon the expiration of the term of any member of the board, his successor shall be appointed in like manner for a term of three years. No more than a majority of the board shall be graduates of the same legally chartered chiropractic school or college.

M.G.L. c. 13, § 65 Board of registration of chiropractors; meetings

c. 13, § 65. Board of registration of chiropractors; meetings Section 65. The board shall hold at least two regular meetings in each year for the purpose of examining applicants for registration and the transaction of other business. At its first regular meeting in each year the board shall choose from their own members a chairman and a secretary.

M.G.L. c. 13, § 66 Board of registration of chiropractors; compensation and reimbursement of expenses

c. 13, § 66. Board of registration of chiropractors; compensation and reimbursement of expenses Section 66. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.

M.G.L. c. 13, § 66B Board of certification of operators of drinking water supply facilities

c. 13, § 66B. Board of certification of operators of drinking water supply facilities Section 66B. There shall be a board of certification of operators of drinking water supply facilities to insure the proper management, operation and maintenance of public water supply systems. The board shall consist of the commissioner of environmental protection or his designee, who shall be chairman, the commissioner of public health or his designee, the chairman of the water resources commission or his designee and four members to be appointed by the governor. Of the appointive members of the board, one shall be a registered professional engineer engaged in the practice of sanitary engineering, one a member of the Massachusetts Labor Organization, one shall be appointed from a list of qualified operators of water supply facilities in the commonwealth which has been recommended by the executive committee of the New England Water Works Association, and the remaining member shall be appointed from a list of qualified persons recommended by the executive board of the Massachusetts Water Works Association. Each appointive member of the board shall receive his necessary traveling expenses actually incurred in the discharge of his official duties, provided that the expenses of the members of the board, and the expenses of the board, including those of such employees as it may appoint, shall not in any one year exceed its receipts. As the term of office of a member of the board expires, his successor shall be appointed in like manner for a term of four years. Said board shall meet at the call of the chairman and shall by rule establish the minimum qualification which must be possessed by operators of drinking water supply facilities. Said board may prepare and conduct examinations, maintain records and may issue and renew, or suspend or revoke, after hearing and for cause, certification of competency. It may adopt such further rules and regulations not inconsistent with the law as it may deem necessary in the performance of its duties.

M.G.L. c. 13, § 67 Board of registration of landscape architects; membership; appointment and qualifications; term; vacancies

c. 13, § 67. Board of registration of landscape architects; membership; appointment and qualifications; term; vacancies Section 67. There shall be a board of registration of landscape architects, in this section and in sections sixty-eight and sixty-nine called the board, consisting of five members to be appointed by the governor, citizens of the commonwealth, four of whom shall have been engaged in the practice of landscape architecture for a period of ten years or more prior to their appointment, and shall be registered landscape architects, and one of whom shall be a representative of the public, subject to the provisions of section nine B. As the term of office of a member of the board expires, his successor shall be appointed in like manner for a term of four years. Each member shall continue to serve until the qualification of his successor. The governor may also fill any vacancy in the board for the unexpired portion of the term.

M.G.L. c. 13, § 68 Board of registration of landscape architects; meetings; chairman

c. 13, § 68. Board of registration of landscape architects; meetings; chairman Section 68. The board shall hold at least two regular meetings each year and may hold such special meetings as it may determine. At the first regular meeting each year, the board shall organize and choose a chairman who shall be a member of the board.

M.G.L. c. 13, § 69 Board of registration of landscape architects; compensation; expenses; clerks

c. 13, § 69. Board of registration of landscape architects; compensation; expenses; clerks Section 69. The members of the board shall serve without compensation, except that there shall be paid by the commonwealth to the secretary, whether a member of the board or not, a salary of five hundred dollars. Each member shall receive from the commonwealth the necessary travel and other expenses actually incurred by him in the performance of his duties. The board may appoint such clerks as may be necessary; provided that the salary of the secretary and expenses of the members of the board and its employees, and the expenses of the board, shall not be in excess of the receipts for registration and from other sources that have been received by the state treasurer from the board.

M.G.L. c. 13, § 73 Board of nursing home administrators; membership; appointment; vacancies; removal

c. 13, § 73. Board of nursing home administrators; membership; appointment; vacancies; removal Section 73. There shall be a board of nursing home administrators, in this section and in sections 74 and 75 called the board, consisting of the commissioner of public health or a designee, the commissioner of transitional assistance or a designee, the secretary of aging and independence or a designee, and 11 members appointed by the governor. One member shall be an educator actively engaged in the field of health care administration, 1 shall be a medical doctor, 1 shall be a registered nurse, 1 shall be a hospital administrator actively engaged in long term health care administration, and 2 shall be representatives of the public, subject to section 9B. Five members shall be nursing home administrators who shall have been practicing for at least 5 years and who shall be eligible for licensure; and 1 of the 5 shall be the administrator of a nonproprietary nursing home. Not more than 5 members shall be administrators of nursing homes. Each appointive member of the board shall serve for a term of 3 years. Any vacancy shall be filled by the governor for the unexpired term. Members may be removed by the governor for cause after due notice and hearing.

M.G.L. c. 13, § 74 Board of nursing home administrators; meetings; officers; rules and regulations

c. 13, § 74. Board of nursing home administrators; meetings; officers; rules and regulations Section 74. The board shall hold at least two regular meetings in each year for the purpose of examining applications for registration and the transaction of other business. At its first regular meeting in each year the board shall choose from its own members a chairman and a secretary. The board shall hold such other meetings at such times and places as it shall determine. It may adopt such rules and regulations not inconsistent with law as it may deem necessary in the performance of its duties.

M.G.L. c. 13, § 75 Board of nursing home administrators; disposition of fees; compensation and expenses of members; employees

c. 13, § 75. Board of nursing home administrators; disposition of fees; compensation and expenses of members; employees Section 75. All fees received by the secretary of the board and not returned to the applicant shall be paid monthly to the state treasurer. Each appointed member shall receive from the commonwealth twenty-five dollars for each day or portion thereof spent in attending board meetings, and each member shall be paid the necessary traveling and other expenses actually incurred by him in attending said meetings; provided that such compensation and expenses shall not in any year exceed the receipts for registration and licenses paid to the commonwealth by the board. The board may appoint such employees as may be necessary to carry out its duties and may expend therefor such sums as may be appropriated.

M.G.L. c. 13, § 76 Board of registration of psychologists; membership; appointment and qualifications

c. 13, § 76. Board of registration of psychologists; membership; appointment and qualifications Section 76. There shall be a board of registration of psychologists which shall consist of nine members to be appointed by the governor. Members of the board shall be residents of the commonwealth and citizens of the United States. Seven members of the board shall be licensed psychologists under the provisions of sections one hundred and eighteen to one hundred and twenty-nine A, inclusive, of chapter one hundred and twelve and shall have been actively engaged in the practice or teaching of psychology or in psychological research for the five years next preceding their appointment. At least four members of said board shall be certified as health service providers by the board under the provisions of sections one hundred and eighteen to one hundred and twenty-seven, inclusive, of said chapter one hundred and twelve. Two members of said board shall be selected from and shall represent the general public.

M.G.L. c. 13, § 77 Board of registration of psychologists; term; expiration; appointment of successor

c. 13, § 77. Board of registration of psychologists; term; expiration; appointment of successor Section 77. Upon the expiration of the term of a member, his successor shall be appointed for a term of five years. No member of the board who has served a full five year term shall be reappointed to succeed himself.

M.G.L. c. 13, § 78 Board of registration of psychologists; removal of member for cause; notice; right to hearing

c. 13, § 78. Board of registration of psychologists; removal of member for cause; notice; right to hearing Section 78. The governor shall have the power to remove from office any member of the board for cause; but no board member may be so removed without being informed in writing at least thirty days in advance of the reasons for his removal and of his right to a public or private hearing with counsel.

M.G.L. c. 13, § 79 Board of registration of psychologists; meetings; election of officers; licenses; rules and regulations; compensation; assistants

c. 13, § 79. Board of registration of psychologists; meetings; election of officers; licenses; rules and regulations; compensation; assistants Section 79. The board shall, at its first meeting, and at each annual meeting thereafter, organize by electing from among its members a chairman, a vice-chairman and a secretary. Such officers shall serve until their successors are elected and qualified. The board shall hold at least two regular meetings each year; but additional meetings may be held upon call of the chairman or the secretary, or at the written request of any three members of the board. Five members of the board shall constitute a quorum. The board shall examine and pass upon the qualifications of applicants for licenses to practice psychology in the commonwealth and shall issue licenses to qualified applicants, but no action shall be taken with respect to the granting of a license or its revocation or suspension without the concurrence of at least five members of the board. The board shall issue certifications as health service providers to qualified applicants. The board shall adopt a seal which shall be affixed to all licenses issued by the board. The board, in consultation with the commissioner of public health, shall from time to time promulgate such rules and regulations and such amendments thereof and supplements thereto as it may deem necessary. The members of the board shall serve without compensation but each member shall be reimbursed for actual expenses reasonably incurred in the performance of his duties as a member on behalf of the board. The board shall be empowered to hire such assistants as it may deem necessary to carry on its activities. The board may also appoint psychologists, subject to the approval of the commissioner of public health, who meet the qualifications for appointment to the board, to assist it in administering the examination required by section one hundred and twenty of chapter one hundred and twelve. Said assistance shall be provided under the supervision of a board member.

M.G.L. c. 13, § 80 Board of registration of social workers; membership; appointment and qualifications

c. 13, § 80. Board of registration of social workers; membership; appointment and qualifications Section 80. There shall be a board of registration of social workers that shall consist of: the commissioner of children and families or a designee who shall be licensed as a certified social worker or as an independent clinical social worker under sections 130 to 137, inclusive, of chapter 112; the commissioner of mental health or a designee who shall be licensed as a certified social worker or as an independent clinical social worker under said sections 130 to 137, inclusive, of said chapter 112; and 7 persons to be appointed by the governor, 1 of whom shall be a representative of an accredited school of social work, 3 of whom shall be licensed as certified social workers or as independent clinical social workers under said sections 130 to 137, inclusive, of said chapter 112, 1 of whom shall be an active member of an organized labor organization representing social workers who shall be licensed under said sections 130 to 137, inclusive, of said chapter 112 and 2 of whom shall be members of the general public. At least 1 member who is a licensed social worker and at least 1 member from the general public shall represent an underserved population as defined by the United States Department of Health and Human Services.

M.G.L. c. 13, § 81 Board of registration of social workers; term

c. 13, § 81. Board of registration of social workers; term Section 81. The term of office of each member of the board shall be three years, except that of the members of the first board, two shall be appointed for terms of one year, two members for terms of two years, and three members for terms of three years. At least one member representing the general public and at least one member from a minority group, as defined by the federal Department of Health, Education and Welfare, shall be appointed for the initial term of three full years. Each member of the board shall serve for a term of 3 years and may continue to serve until replaced. No member shall be appointed to more than 2 consecutive full terms; provided, however, that a member appointed for less than a full term may serve 2 full terms in addition to the part of a full term. All board members shall be subject to chapter 268A and shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

M.G.L. c. 13, § 82 Board of registration of social workers; removal of member for cause; right to hearing; vacancy

c. 13, § 82. Board of registration of social workers; removal of member for cause; right to hearing; vacancy Section 82. A member of the board may be removed from office for cause, provided that said member shall have a right to request a public hearing which shall be advertised by notification of the major social work organizations and publication of notices in the commonwealth. Upon the death, resignation or removal for cause of any member of the board, the governor, after consultation with the board, shall fill such vacancy for the remainder of that member's term.

M.G.L. c. 13, § 83 Board of registration of social workers; compensation

c. 13, § 83. Board of registration of social workers; compensation Section 83. The members of the board shall serve without compensation but each member shall be reimbursed for actual expenses reasonably incurred in the performances of his duties as a member or on behalf of the board.

M.G.L. c. 13, § 84 Board of registration of social workers; meetings; election of officers; powers and duties of board; issuance of cease and desist orders; fees

c. 13, § 84. Board of registration of social workers; meetings; election of officers; powers and duties of board; issuance of cease and desist orders; fees Section 84. The board shall at its first meeting and, annually thereafter, elect from among its members, by majority vote, a chairman, vice-chairman and secretary. The officers shall serve until their successors are elected and qualified. The board shall meet at least once every 6 months and may hold additional meetings as necessary to discharge its duties. A majority of the serving members shall constitute a quorum. The board shall be under the supervision of the department of public health and have the following powers and duties: (1) to administer and enforce sections 130 to 137, inclusive, of chapter 112; (2) to adopt rules and regulations governing the licensure of social workers and the practice of social work to promote the public health, welfare and safety of citizens of the commonwealth; (3) to establish standards of professional and ethical conduct; (4) to establish standards for continuing education reflecting acceptable national standards; and (5) to investigate complaints, conduct inspections, review billing and treatment records, and set and administer penalties as defined in sections 61 to 65E, inclusive, of said chapter 112 and sections 130 to 137, inclusive, of said chapter 112 for fraudulent, deceptive, or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by the board; provided, however, that conduct which places into question the holder's competence to practice social work shall include, but not be limited to: (i) committing fraud or misrepresentation in obtaining a license; (ii) criminal conduct which the board determines to be of such a nature as to render the person unfit to practice as a social worker, as evidenced by criminal proceedings which resulted in a conviction, guilty plea, or plea of nolo contendere, or an admission of sufficient facts; (iii) violating any rule or regulation of the board; and (iv) failing to reasonably cooperate with the board or its agents in the conduct of an inspection or investigation. The board may issue orders to licensees directing them to cease and desist from unethical or unprofessional conduct if the board finds, after the opportunity for a hearing, that the licensee has engaged in such conduct. No person filing a complaint, reporting or providing information under this section or assisting the board at its request in any manner in discharging its duties and functions, shall be liable in a cause of action arising out of the complaints, reporting or providing of information or assistance; provided, however, that the person making the complaint or reporting or providing information or assistance does so in good faith. Licensing and application fees collected by the board shall be as prescribed by the executive office of administration and finance under section 3B of chapter 7 and shall be deposited into the Quality in Health Professions Trust Fund established in section 35X of chapter 10.

M.G.L. c. 13, § 85 Board of registration of speech–language pathology and audiology; membership; appointment; election of officers; expenses

c. 13, § 85. Board of registration of speech–language pathology and audiology; membership; appointment; election of officers; expenses Section 85. There shall be a board of registration for speech-language pathology and audiology, in this section and in sections eighty-six and eighty-seven hereinafter called the board, consisting of five members appointed by the governor. Members of the board shall be citizens of the United States and residents of the commonwealth. One member of the board shall be a representative of the public, subject to the provisions of section nine B, two members shall be certified speech-language pathologists who have had at least three years experience practicing speech-language pathology in the commonwealth immediately preceding appointment, and two members shall be certified audiologists who have had at least three years experience practicing audiology in the commonwealth immediately preceding appointment. Appointments shall be for a period of three years except for the initial appointments of which one shall be for one year, two shall be for two years and two shall be for three years. No member shall be appointed for more than two consecutive terms. In the event of a vacancy in the office of a member of the board other than by expiration of a term, the governor shall appoint a person to fill the vacancy for the unexpired term. The board shall elect annually by majority vote a chairperson and a secretary. The board shall meet quarterly or more frequently upon the call of the chairperson of the board. Members shall receive no compensation for their services but shall be entitled to reasonable travel and other expenses provided that the expenses of the members of the board, the cost of personnel providing services to the board and all other expenses associated with the operation of the board are generated by licensure fees.

M.G.L. c. 13, § 86 Board of registration of speech-language pathology and audiology; examination, licensing and registration; ethical standards; complaints

c. 13, § 86. Board of registration of speech-language pathology and audiology; examination, licensing and registration; ethical standards; complaints Section 86. The board shall establish the requirements for registration, establish ethical standards, investigate complaints, evaluate the qualifications of applicants, supervise examinations and grant licenses to those who pass the examination and who are determined to be qualified as speech-language pathologists or audiologists. The board shall also evaluate the qualifications of applicants and grant certificates to those who are determined to be qualified as speech-language pathology assistants or audiology assistants.

M.G.L. c. 13, § 87 Board of registration of speech-language pathology and audiology; rules and regulations

c. 13, § 87. Board of registration of speech-language pathology and audiology; rules and regulations Section 87. The board shall adopt such rules and regulations consistent with law as it may deem necessary in the performance of its duties.

M.G.L. c. 13, § 88 Board of registration of allied mental health and human services professions; membership; appointment; removal

c. 13, § 88. Board of registration of allied mental health and human services professions; membership; appointment; removal Section 88. There shall be within the department of public health a board of registration of allied mental health and human services professions, in this section and sections eighty-nine and ninety, which shall consist of 15 members, one of whom shall be designated as chairperson, to be appointed in the manner provided by section eighty-nine. Of the first board members appointed five shall continue in office for one year, three for two years and three, including the chairperson, shall continue in office for three years. Their successors shall be appointed for terms of three years each except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the board member to be succeeded. Upon the expiration of the term of office, a board member shall continue to serve until a successor shall have been appointed and shall have qualified. No person shall be appointed more than once to fill an unexpired term for more than two consecutive terms. The governor shall designate one board member to serve as chairperson during the term of such person's appointment to the board; provided, however, that no person shall serve as chairperson for more than three years. The governor may remove any member of the board or the chairperson from such position as chairperson only for neglect of duty or malfeasance or conviction of a felony or crime of moral turpitude while in office. No member may be removed without a public hearing with at least thirty days prior written notice of the charges and the date fixed for such hearing. No board member shall participate in any matter before the board in which a pecuniary interest, personal bias or other similar conflict of interest is established. Board members shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of official board business.

M.G.L. c. 13, § 89 Board of registration of allied mental health and human services professions; qualifications of members

c. 13, § 89. Board of registration of allied mental health and human services professions; qualifications of members Section 89. The governor shall appoint members of the board only from among the candidates who meet the following qualifications: (A) 12 members shall be licensed practicing mental health and human services professionals and shall have been, for at least 5 years immediately preceding appointment, actively engaged as a practitioner rendering professional services in that field, in the education and training of graduate students or interns in the field, in appropriate human developmental research, or in another area substantially equivalent thereto, and shall, during the 2 years preceding the appointment, have spent the majority of their professional time in such activity in the commonwealth. One of the 12 shall also be a member of a union licensable under sections 163 to 172, inclusive, of chapter 112. Said members shall be appointed in such a manner as to proportionally represent the total number of active holders of each professional license type, as determined from time to time by the board; provided, that at least 1 member shall be a marriage and family therapist, at least 1 shall be a rehabilitation counselor, at least 1 shall be a clinical mental health counselor, at least 1 shall be an educational psychologist and at least 1 shall be a behavior analyst who meet the qualifications in the last 2 paragraphs of section 165 of chapter 112. (B) Three members shall be representatives of the general public who have no direct affiliation with the practice of any allied mental health or human services profession. The initial appointees, with the exception of representatives of the general public, shall be deemed to be and shall become licensed immediately upon their appointment and qualification as members of the board. The governor shall immediately appoint the first board member to be appointed under this section. The governor shall nominate a new member to fill a vacancy on the board within thirty days of the occurrence of such vacancy. The appointment of any member of the board shall automatically terminate within thirty days after the date such member is no longer a resident of the commonwealth. Each appointee shall, upon accepting appointment to the board, take and subscribe to the oath or affirmation prescribed by law and file the same in the office of secretary of state.

M.G.L. c. 13, § 90 Board of registration of allied mental health and human services professions; meetings; duties

c. 13, § 90. Board of registration of allied mental health and human services professions; meetings; duties Section 90. The board shall hold at least two regular meetings each year, but additional meetings may be held upon the call of the chairperson, or the secretary, or upon the written request of any two board members. A majority of the appointed members of the board shall constitute a quorum; provided, however, that at least one of those members shall be a member who was selected from and who represents the general public. The board shall administer and enforce the provisions of section one hundred and sixty-three to one hundred and seventy-two, inclusive, of chapter one hundred and twelve. Said board shall promulgate regulations which set forth education requirements necessary for a person to be licensed under the provisions of section one hundred and sixty-five of said chapter one hundred and twelve; and the board may, from time to time, adopt such rules and regulations as it deems necessary to carry out the performance of its duties. The commissioner of public health shall have authority to review and approve rules and regulations proposed by the board. Such regulations will be deemed approved unless disapproved within fifteen days of submission to said director; provided, however that any such disapproval shall be in writing setting forth the reasons for such disapproval. Said board shall examine and pass on the qualifications of all applicants for licenses under sections one hundred and sixty-three to one hundred and seventy-two, inclusive, of chapter one hundred and twelve, and shall issue a license to each successful applicant therefor, attesting to their professional qualifications to be a licensed allied mental health and human services professional. After a person has applied for licensure, no member of the board may supervise such applicant for a fee nor shall any member vote on any applicant previously supervised by such member. The board shall establish standards committees for each allied mental health and human services profession. Each standards committee shall have three members, two of whom shall be the board members representing their respective professions and one of whom shall be a board member representing the general public. Each standards committee, by a majority vote, shall recommend approval or disapproval of the granting of all licenses for that profession, approve the examination required of applicants for licensure in that profession, provide for the grading of that examination and provide for other matters relating to the standards for licensure in that profession. No decision of a standards committee shall become effective until approved by the board. The board may initiate or otherwise act regarding any matter in which a standards committee is authorized to act. No decision of the board regarding the standards of a particular allied mental health and human services profession shall become effective without the approval of a majority of the standards committee for such profession. Said board may recommend to the governor and the general court, after a public hearing which shall be advertised by publication of notices to the appropriate mental health and human service professional organizations and in major media outlets throughout the commonwealth, modifications and amendments to sections eighty-eight, eighty-nine and this section and sections one hundred and sixty-three to one hundred and seventy-two, inclusive, of chapter one hundred and twelve. Said board shall cause examinations to be held not less than twice annually and shall evaluate examinations to keep them free from cultural bias. Said board shall annually publish a list of names and addresses of persons who are licensed under sections one hundred and sixty-three to one hundred and seventy-two inclusive, of chapter one hundred and twelve. Fees for examinations and for initial and renewal applications shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven. Said board shall establish regulations for continuing educational requirements for licensees. Said regulations shall not require more than thirty contact hours per year, on average through the term of the license, of approved continuing education programs as a condition for continuing registration, nor more than fifteen contact hours per year on average for any licensed individual during the term of their employment by the commonwealth or any political subdivisions thereof. Said board shall cause public hearings to be held prior to setting specifications for any continuing educational requirements. The board shall establish procedures to permit consumers to file written complaints against licensed individuals and investigate and take appropriate action on such complaints.

M.G.L. c. 13, § 91 [There is no 13:91.]

M.G.L. c. 13, § 92 Board of real estate appraisers; membership; appointment; expenses

c. 13, § 92. Board of real estate appraisers; membership; appointment; expenses Section 92. (a) There shall be a board of real estate appraisers which shall consist of 9 members to be appointed by the governor, 1 of whom shall be a licensed real estate broker, 1 of whom shall be a member of the general public pursuant to section 9B, 1 of whom shall be a member of the banking industry, 1 of whom shall represent an appraisal management company and 5 of whom shall be real estate appraisers who are licensed or certified pursuant to sections 173 to 195, inclusive, of chapter 112. (b) The term of each member shall be 3 years. Upon expiration of each term, an appointed member of the board shall continue to hold office until the appointment and qualification of that member's successor. A member may be reappointed but no person shall serve as a member of the board for more than 2 consecutive terms. The governor may remove a member for cause. (c) Each member of the board shall be paid for expenses actually incurred in the performance of their official duties. (d) The board shall annually elect a chairperson from among its members. (e) The board shall hold not less than 6 meetings each year and may hold special meetings as the board deems necessary at a time and place to be determined by the board.

M.G.L. c. 13, § 93 Board of registration of hearing instrument specialists; members

c. 13, § 93. Board of registration of hearing instrument specialists; members Section 93. There shall be a board of registration of hearing instrument specialists, hereinafter called the board in sections 93 to 95, inclusive, consisting of five members appointed by the commissioner and one nonvoting advisory member who shall be a dispensing audiologist in private practice who has engaged in hearing aid dispensing for at least three years. Members of the board shall be citizens of the United States and residents of the commonwealth. One member shall be a hearing aid user who has no affiliation in any way with hearing aid dispensing, three members shall be hearing instrument specialists registered in the commonwealth with a minimum of five years experience in dispensing hearing aids and one member shall be a representative of the public who shall have neither hearing aid industry nor consumer affiliations. All board members shall be subject to the provisions of chapters 268A and 268B. Appointments to the board shall be for a period of three years except for the initial appointments, two of which shall be for one year and the three remaining members for two years. No member shall be appointed for more than two consecutive full terms. In the event of a vacancy prior to the expiration of a term, the commissioner shall appoint a person to fill the vacancy for the remainder of the unexpired term. The director may make the appointments using lists of candidates for members provided by the Massachusetts commission for the deaf and hard of hearing, with its advisory council, and the Massachusetts Hearing Aid Society and a list of candidates for the nonvoting advisory member audiologist from the Massachusetts Speech and Hearing Association. The hearing instrument specialists initially appointed to the board shall have a minimum of three years experience in dispensing hearing aids in the commonwealth and shall hold certification as a hearing instrument specialist from a national certifying body. The board shall annually elect a chairman, by a majority vote, from its membership. The board shall meet quarterly or more frequently upon the call of the chairman or upon the call of the majority of board members. Members shall receive no compensation for their services but shall be entitled to reasonable travel expenses for the purpose of attending board meetings; provided, however, that the expenses of the members of the board and the nonvoting advisory member audiologist, the cost of personnel providing services to the board and all other expenses associated with the operation of the board shall be generated by application and registration fees.

M.G.L. c. 13, § 94 Board of registration of hearing instrument specialists; duties

c. 13, § 94. Board of registration of hearing instrument specialists; duties Section 94. The board shall establish the requirements for registration, establish standards of professional and ethical conduct, authorize and conduct appropriate examinations to determine the qualifications of applicants, grant registrations and licenses to qualified applicants, establish minimum procedures for reviewing and investigating complaints, investigate complaints and set and administer penalties as defined in section 200 of chapter 112 for fraudulent, deceptive, professionally incompetent and unsafe practices in hearing aid dispensing and for violations of the rules and regulations as promulgated by the board. The board shall adopt such rules and regulations covering the details of the process of complaint investigation in conjunction with the commissioner of public health, a systematic procedure for managing complaints, hearings, appeals and penalties, the process of registration, standards of practice of hearing aid dispensing, oversight and review and other such regulations as it may deem necessary in the performance of its duties. The board shall annually compile a list of names and addresses of individuals licensed as hearing instrument specialists and apprentices in the commonwealth which shall be held by the board and made available to members of the public upon request. The board shall administer and enforce the provisions of sections 196 to 200, inclusive, of said chapter 112.

M.G.L. c. 13, § 96 Board of registration of home inspectors; members

c. 13, § 96. Board of registration of home inspectors; members Section 96. There is hereby established within the division of occupational licensure, a board of registration of home inspectors. Said board shall consist of five members to be appointed by the governor for terms of three years. The members so appointed shall be residents of the commonwealth, three of whom shall be licensed home inspectors who have been actively engaged in the practice of home inspection in the commonwealth for at least five years immediately preceding their appointment and who shall have performed not less than 1,000 home inspections for compensation, one of whom shall be a licensed home inspector who has been actively engaged in the practice of home inspection in the commonwealth for at least five years immediately preceding his appointment and who has performed not less than 150 home inspections for compensation and one of whom shall be a consumer who shall be the owner and principal resident of a residential building. All board members shall be subject to the provisions of chapter 268A. Of the initial members appointed to said board, two shall serve for terms of three years, two shall serve for terms of two years and one shall serve for a term of one year. Each member of said board shall hold office until his successor has been qualified. A vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member shall serve more than two consecutive terms which shall not include any unexpired term to which he has been appointed. A member may be removed by the governor for cause. Said board shall annually elect from among its members, by majority vote, a chairman and vice-chairman. Said board shall meet at least once every three months and may hold additional meetings as necessary to discharge its duties. Members shall receive no compensation but shall be entitled to reasonable travel expenses.

M.G.L. c. 13, § 97 Board of registration of home inspectors; duties; informational brochure on home inspections

c. 13, § 97. Board of registration of home inspectors; duties; informational brochure on home inspections Section 97. Said board shall (i) establish the requirements for licensure and for the standards of professional and ethical conduct; (ii) authorize and conduct appropriate examinations to determine the qualifications of applicants; (iii) grant licenses to qualified applicants; (iv) establish standards for continuing education; and (v) set and administer penalties as defined in section 206 of chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by said board. Said board shall make available to the public a list of licensed home inspectors and associate home inspectors. Said board shall publish a code of ethics. The director of consumer affairs and business regulation, after consultation with the board of registration of home inspectors and the board of registration of real estate brokers and salespersons, shall publish an informational brochure on home inspections which shall be issued to home buyers at the signing of the first written contract to purchase. The brochure shall include a definition of a home inspection such that the nature and extent of a home inspection is made clear to a client or prospective client. The brochure shall also include information regarding inspections for lead paint, radon, and termites and other woodboring insects. The joint committee on government regulations and the house and senate committees on post audit and oversight shall receive a copy of the proposed brochure and shall be provided with an opportunity to comment on it 60 days before the brochure is submitted for publication. Said board shall administer the provisions of sections 221 to 226, inclusive, of said chapter 112 and shall promulgate such rules and regulations as may be necessary to implement the same.

M.G.L. c. 13, § 97A Board of registration of home inspectors; regulations outlining procedures and benefits of home energy audit

c. 13, § 97A. Board of registration of home inspectors; regulations outlining procedures and benefits of home energy audit Section 97A. The board of registration of home inspectors, in consultation with the state board of building regulations and standards, the executive office of energy and environmental affairs and the energy efficiency advisory council, shall develop requirements and adopt regulations to require documents to be provided to a buyer of a single-family residential dwelling or a multiple-family residential dwelling with less than 5 dwelling units, or a condominium unit at the time of closing, outlining the procedures and benefits of a home energy audit; provided however, that no additional fees shall be imposed or collected in connection with the provision of such documents.

M.G.L. c. 13, § 98 Board of registration of massage therapy; composition; terms; voting

c. 13, § 98. Board of registration of massage therapy; composition; terms; voting Section 98. (a) There shall be within the division of occupational licensure a board of registration of massage therapy. The board shall consist of 7 members who shall be appointed by the governor for terms of 3 years. The members appointed shall be residents of the commonwealth, 3 of whom shall be licensed massage therapists who have been actively engaged in the practice of massage therapy in the commonwealth for at least 5 years immediately before their appointments; 1 of whom shall be a health agent, board member or other health professional employed by or elected to a municipal board of health within the commonwealth; 1 of whom shall be an individual who is actively engaged in the operation of a licensed massage school; and 2 of whom shall be consumers who are familiar with the massage therapy field. All board members shall be subject to chapter 268A. (b) f the initial members appointed to the board, 3 shall serve for terms of 3 years, 2 shall serve for terms of 2 years and 2 shall serve for terms of 1 year. Each member of the board shall hold office until his successor has been appointed. A vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. A member may be removed by the governor for cause. (c) The board shall at its first meeting and, annually thereafter, elect from among its members, by majority vote, a chairman and vice-chairman. The board shall meet at least once every 3 months and may hold additional meetings as necessary to discharge its duties. Members shall receive no compensation but shall be entitled to reasonable travel expenses. The members of the board shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

M.G.L. c. 13, § 99 Board of registration of massage therapy; powers and duties

c. 13, § 99. Board of registration of massage therapy; powers and duties Section 99. (a) The board shall have the following powers and duties: (i) to administer and enforce sections 227 to 236, inclusive, of chapter 112; (ii) to adopt rules and regulations governing the licensure of massage therapists, the practice of massage therapy and the operation of massage schools to promote the public health, welfare and safety of citizens of the commonwealth; (iii) to establish standards of professional and ethical conduct; (iv) to establish standards for continuing education reflecting acceptable national standards; and (v) to investigate complaints, conduct inspections, review billing and treatment records and set and administer penalties as defined in sections 61 to 65E, inclusive, and sections 232 to 236, inclusive, of chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by the board. (b) The board shall make available to the public a list of licensed massage therapists. The board shall establish by regulation a code of ethics.

M.G.L. c. 13, § 101 Board of examiners of sheet metal workers; members; terms; frequency of meetings

c. 13, § 101. Board of examiners of sheet metal workers; members; terms; frequency of meetings Section 101. (a) There shall be within the division of occupational licensure a board of examiners of sheet metal workers to consist of 7 voting members; 2 of whom will be designees of the commissioner of the division of occupational licensure and 5 persons, residents of the commonwealth, to be appointed by the governor for terms of 3 years, 2 of whom shall be journeyperson sheet metal workers with at least 10 years of practical experience and who are wage earners, 2 of whom shall be master sheet metal workers with at least 10 years of practical experience in sheet metal work and 1 of whom shall be a representative of the public and subject to section 9B. (b) No member shall serve for more than 2 consecutive and complete 3–year terms. As the term of the office of a member expires, a successor shall be appointed in like manner for a term of 3 years. The governor may fill a vacancy in the board for the unexpired portion of the term. (c) The board shall annually elect from among its members a chairman and vice-chairman. The board shall meet at least 4 times annually and may hold additional meetings as necessary to discharge its duties. Members shall serve without compensation but shall be entitled to reasonable travel expenses. The members of the board shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

M.G.L. c. 13, § 102 Board of examiners of sheet metal workers; powers and duties

c. 13, § 102. Board of examiners of sheet metal workers; powers and duties Section 102. The board shall have the following powers and duties: (i) to administer and enforce sections 237 to 251, inclusive, of chapter 112; (ii) to adopt rules and regulations governing the licensure of master, journeyperson and apprentice sheet metal workers, and business entities and schools teaching sheet metal work; (iii) to establish standards of professional and ethical conduct; (iv) to establish standards for continuing education reflecting acceptable national standards; and (v) in conjunction with the division of occupational licensure, to investigate complaints, conduct inspections, request and review business records of licensees, and set and administer penalties as defined in sections 61 to 65E, inclusive, of said chapter 112 and sections 237 to 251, inclusive, of said chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by the board.

M.G.L. c. 13, § 103 Board of registration of genetic counselors; members; removal and resignation

c. 13, § 103. Board of registration of genetic counselors; members; removal and resignation Section 103. (a) There shall be a board of registration of genetic counselors, called the board in sections 103 to 105, inclusive, which shall consist of 5 members to be appointed by the governor, 4 of whom shall be genetic counselors licensed under this section, and 1 member of the general public. Members of the board shall be residents of the commonwealth. (b) Each member of the board shall serve for a term of 3 years and until the governor appoints a successor. No member shall be appointed to more than 2 consecutive full terms. A member appointed for less than a full term may serve 2 full terms in addition to such part of a full term. A former member shall be eligible for appointment after a lapse of 1 year. (c) A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against him and an opportunity to be heard. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill the vacancy for the remainder of that member's year.

M.G.L. c. 13, § 104 Board of registration of genetic counselors; election of officers; meetings; reimbursement of expenses

c. 13, § 104. Board of registration of genetic counselors; election of officers; meetings; reimbursement of expenses Section 104. The board shall, at its first meeting and annually thereafter, organize by electing from its membership a chairman, a vice-chairman and a secretary. Those officers shall serve until their successors are elected and qualified. The board shall meet at least 2 times annually and may hold additional meetings at the call of the chairman or at such times as may be determined by the board. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

M.G.L. c. 13, § 105 Board of registration of genetic counselors; powers and duties

c. 13, § 105. Board of registration of genetic counselors; powers and duties Section 105. The board shall have the following powers and duties: (a) to promulgate regulations and adopt such rules as are necessary to regulate genetic counselors; (b) to recommend policy and budgetary matters to the department of public health; (c) to receive, review, approve or disapprove applications for licensing, renewal and reinstatement and to issue those licenses; (d) to establish administrative procedures for processing applications for licenses and license renewals and to hire or appoint such agents as are appropriate for processing applications for licenses and license renewals; (e) to retain records of its actions and proceedings in accordance with public records laws; (f) to establish specifications for the licensing examination, which may be or may include the complete certification examination given by the American Board of Genetic Counseling or the American Board of Medical Genetics, or its successor, and to provide or procure appropriate examination questions and answers and to establish examination procedures; (g) to define by regulation the appropriate standards for education and experience necessary to qualify for licensing, including, but not limited to, continuing professional education requirements for licensed genetic counselors and provisional licensed genetic counselors, which shall be no less stringent than those of the American Board of Genetic Counseling, or its successor, and for the conduct and ethics which shall govern the practice of genetic counseling; (h) to establish standards of supervision for students or persons in training to become qualified to obtain a license in the occupation or profession it represents; (i) to fine, censure, revoke, suspend or deny a license, place on probation, reprimand or otherwise discipline licensees for violations of the code of ethics or the rules of the board in accordance with section 242 of chapter 112, but the board shall not have the power of subpoena. (j) to summarily suspend the license of a licensee who poses an imminent danger to the public but a hearing shall be afforded to the licensee within 7 days of an action by the board to determine whether such summary action is warranted; and (k) to perform such other functions and duties as may be required to carry out this section. Notwithstanding any general or special law or rule or regulation to the contrary, a person licensed under this section or in accordance with sections 255 or 256 of chapter 112, shall not be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as those terms are defined in section 11I1/2 of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standards of conduct for genetic counselors if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified genetic counselor based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services that, as provided, would have been lawful and consistent with the standards of conduct for genetic counselors if they occurred entirely in the commonwealth. Nothing in this section shall be construed to regulate the practice of genetic counselors in any other state.

M.G.L. c. 13, § 106 Board of certification of community health workers; membership; term; removal and vacancies

c. 13, § 106. Board of certification of community health workers; membership; term; removal and vacancies Section 106. There shall be a board of certification of community health workers, called the board in sections 106 to 108, inclusive. The board shall consist of 11 members who shall be residents of the commonwealth, 1 of whom shall be the commissioner of public health or the designee thereof, who shall serve as chair of the board, and 10 of whom shall be appointed by the governor. Of the appointed members of the board, 6 shall be appointed to ensure representation of all 6 geographic regions of the executive office of health and human services and shall include not fewer than 4 community health workers selected from recommendations offered by the Massachusetts Association of Community Health Workers; 1 shall represent a community health worker training organization; 1 shall represent the Massachusetts Public Health Association; 1 shall represent the Massachusetts Association of Health Plans; 1 shall represent the Massachusetts League of Community Health Centers; 1 shall represent a community-based community health worker employer; and 1 shall represent the public, subject to section 9B of chapter 13, and shall be familiar with community health worker services. Board members initially appointed to the board as community health workers shall be persons who are eligible for board certification as community health workers and shall obtain such certification within a time frame specified in regulations adopted by the board. The term of office of each appointed member of the board shall be 3 years, except that of the initially appointed members of the board of which 3 members shall be appointed for terms of 1 year, 3 members for terms of 2 years, and 3 members for terms of 3 years, at least 1 of which is a community health worker. No member shall be appointed to more than 2 consecutive full terms; provided, however, a member appointed for less than a full term may serve 2 full terms and a former member shall again be eligible for appointment after a lapse of 1 or more years. Upon the expiration of his term of office, a member of the board shall continue to serve until the appointment of a successor. Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill the vacancy for the remainder of that member's term.

M.G.L. c. 13, § 107 Board of certification of community health workers; meetings; officers; quorum; records; expenses; staffing

c. 13, § 107. Board of certification of community health workers; meetings; officers; quorum; records; expenses; staffing Section 107. The board shall meet at least quarterly or more often upon the call of the chair at such times and places as the chair shall designate. The board shall, at its first meeting and annually thereafter, elect from among its members a vice-chair and a secretary. Such officers shall serve until their successors are elected and qualified. A quorum of the board shall consist of a majority of the members. The board shall keep records and minutes as are necessary to carry out its duties and as otherwise required by law. Board members shall serve without compensation, but shall be reimbursed for actual and reasonable expenses incurred in the performance of their official duties. The board shall be supported with a director, administrative assistant and such other professional staff and operating expenses as are required to discharge its duties.

M.G.L. c. 13, § 108 Board of certification of community health workers; powers and duties

c. 13, § 108. Board of certification of community health workers; powers and duties Section 108. In addition to the powers and duties set forth in sections 106 and 107, the board shall have the following powers and duties: (a) to develop and administer a program for certification of community health workers, and to establish education, training, experience and other qualifications for such certification, application requirements and standards for practice as a certified community health worker; (b) to set standards and requirements for the establishment, board evaluation and board approval or board acceptance of community health worker education and training programs in the commonwealth, the successful completion of which shall make individuals eligible to apply to the board for certification as a community health worker; (c) to set standards and requirements for approval or acceptance of continuing education courses and programs as the board may require for the biennial renewal of a community health worker certificate; (d) to establish minimum education, training, experience and other qualifications that a certified community health worker shall possess to qualify as a trainer in any education, training or continuing education program for community health workers approved or accepted by the board; (e) to establish a means to acknowledge, document and assess relevant education, training, experience, mastery of core competencies or other qualifications acquired by community health workers practicing in the commonwealth before the effective dates of sections 106 to 108, inclusive, and sections 259 to 262, inclusive, of chapter 112 for purposes of certification without completion of a community health worker education and training program approved or accepted by the board; (f) to establish and implement procedures for receipt, review and action upon applications for certification as a community health worker and the biennial renewal thereof, for which the board may require documentation of completion of continuing education, and the issuance of certificates of competency to practice as a community health worker; (g) to make, adopt, amend, repeal and enforce such rules and regulations consistent with law as it deems necessary for the protection of the public health, safety and welfare and for the proper administration and enforcement of its responsibilities; (h) to collect reasonable fees established pursuant to section 3B of chapter 7 and to deposit such fees into the Quality in Health Professions Trust Fund pursuant to section 35X of chapter 10 to support board operations and administration; (i) to identify and adopt a certification examination or other means to assess community health worker competency in connection with board certification, should the board determine that such examination would enhance the advancement of the practice and profession of community health workers; (j) to establish tiered classes or levels of practice as a certified community health worker and certification requirements for each established class or level, including a class or level which qualifies a board-certified community health worker to act as a trainer in an education, training or continuing education program approved or accepted by the board, for the purpose of enhancing career advancement as such tiered classes or levels of practice may be determined necessary by the board for that purpose following study and assessment by the board, with the assistance and advice of interested parties; (k) to certify as a community health worker an applicant who has been duly certified as a community health worker under the laws of another state, territory or commonwealth of the United States or the District of Columbia where the requirements for certification are, in the opinion of the board, equivalent to those in the commonwealth for community health workers and such applicant submits documentation satisfactory to the board of such certification and the requirements therefor; (l) to establish grounds for complaints related to the practice of community health workers and to establish and implement procedures for the review, investigation and resolution of such complaints; (m) to establish the disciplinary actions available to the board in connection with complaint resolution, which may include a fine, reprimand, probation or censure or suspension, revocation or denial of a certificate issued by the board or a combination of the foregoing and to discipline certificate holders in accordance with procedures established by the board that shall conform with chapter 30A and 801 CMR 1.01 et seq.; (n) to perform such other functions and duties as may be required to carry out this section.

M.G.L. c. 13, § 109 Board of registration in naturopathy; membership; term; officers; quorum; compensation and expenses

c. 13, § 109. Board of registration in naturopathy; membership; term; officers; quorum; compensation and expenses Section 109. (a) There shall be within the department of public health a board of registration in naturopathy which shall consist of 5 persons to be appointed by the governor, 2 of whom shall be naturopathic doctors with at least 5 years of experience in the practice of naturopathic health care and who shall be licensed under section 269 or 271 of chapter 112, 1 of whom shall be a physician licensed to practice medicine under section 2 of said chapter 112 with experience working with naturopathic doctors, 1 of whom shall be a clinical pharmacologist, and 1 of whom shall be a member of the public. The appointed members shall serve for terms of 3 years. Upon the expiration of a term of office, a member shall continue to serve until a successor has been appointed and qualified. A member shall not serve for more than 2 consecutive terms; provided, however, that a person who is chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive terms in addition to the remainder of that unexpired term. A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in the office after a written notice of the charges against the member and sufficient opportunity to be heard thereon. (b) The board shall annually elect from its membership a chair and a secretary who shall serve until their successors have been elected and qualified. The board shall meet at least 4 times annually and may hold additional meetings at the call of the chair or upon the request of 4 members. A quorum for the conduct of official business shall be a majority of those appointed. Board members shall serve without compensation, but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The members shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

M.G.L. c. 13, § 110 Board of registration in midwifery

c. 13, § 110. Board of registration in midwifery Section 110. (a) There shall be within the department of public health a board of registration in midwifery, hereinafter called the board. The board shall consist of 9 members who are residents of the commonwealth to be appointed by the governor, 5 of whom shall be midwives licensed under section 293 of chapter 112 with not less than 5 years of experience in the practice of midwifery, 1 of whom shall be an obstetrician-gynecologist licensed to practice medicine under section 2 of said chapter 112 with experience working with midwives, 1 of whom shall be a maternal-fetal medicine specialist licensed to practice medicine under said section 2 of said chapter 112 with experience working with midwives, 1 of whom shall be a certified nurse-midwife licensed under section 80B of said chapter 112 and authorized to practice nurse-midwifery under section 80C of said chapter 112 and 1 of whom shall be a member of the public. When making the appointments to the board, the governor shall consider members with experience working on the issue of racial disparities in maternal health. The appointed members of the board shall serve for terms of 3 years. Upon the expiration of a term of office, a member shall continue to serve until a successor has been appointed and qualified. A member shall not serve for more than 2 consecutive full terms; provided, however, that a person who is chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive full terms in addition to the remainder of such unexpired term. A member may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in the office after a written notice of the charges against the member and sufficient opportunity to be heard thereon. Upon the death, resignation or removal for cause of a member of the board, the governor shall fill the vacancy for the remainder of that member's term. (b) Annually, the board shall elect from its membership a chair and a secretary who shall serve until their successors have been elected and qualified. The board shall meet not less than 4 times annually and may hold additional meetings at the call of the chair or upon the request of not less than 5 members. A quorum for the conduct of official business shall be a majority of those appointed. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The members shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter13Fetched: 10/20/2026