Code of Massachusetts Regulations 262 CMR - BOARD OF ALLIED MENTAL HEALTH AND HUMAN SERVICES PROFESSIONS
262 CMR — Board of Allied Mental Health and Human Services Professions
(Massachusetts Code of Regulations)
1. Overview and Purpose
262 CMR sets the regulations governing licensure, practice standards, professional conduct, continuing education, and enforcement for a range of allied mental health and human service professions in Massachusetts.
The goals of 262 CMR are to:
Protect the health and safety of the public
Set minimum standards for professional competence
Establish clear rules of professional conduct
Provide mechanisms for discipline and enforcement
Support ethical and competent human services
This regulatory chapter is promulgated under the general authority granted by the Massachusetts Legislature to the Board of Allied Mental Health and Human Services Professions.
2. Professions Regulated Under 262 CMR
262 CMR governs licensure and practice for a number of allied mental health and human services practitioners. These typically include (but are not limited to):
Mental Health Counselors
Marriage and Family Therapists
Mental Health Rehabilitation Counselors
Behavior Analysts
Social Workers (Licensed Independent, Licensed Clinical)
Human Service Professionals
Substance Abuse Counselors
Rehabilitation Counselors
Applied Behavior Analysts (and assistant or technician roles where applicable)
Each profession has specific licensure requirements, scope of practice definitions, ethical rules, and continuing education obligations spelled out in 262 CMR.
3. Structure of 262 CMR
262 CMR is organized into major sections addressing:
A. Definitions and General Provisions
This section explains regulatory terms such as:
“Board”
“Licensee”
“Practice of [specific profession]”
“Supervision,” “Direct client contact,” etc.
These definitions determine who is regulated and what constitutes practice under the law.
B. Licensure Requirements
For each profession regulated by 262 CMR, the chapter specifies:
Educational Requirements
Minimum degree type (e.g., master’s, doctorate)
Academic coursework
Accreditation standards
Supervised Experience
Number of supervised hours required
Qualifications of supervisors
Documentation and verification
Examination Requirements
Approved national or state exams
Passing score standards
Licensure by Endorsement
Criteria for out‑of‑state licensees to obtain a Massachusetts license
Application and Fees
Fees for application, renewal, reinstatement
C. Scope of Practice
262 CMR defines the legal scope of each profession, including what services licensees are authorized to provide. For example:
Mental Health Counselors deliver assessment and counseling services for mental, emotional, behavioral conditions.
Marriage and Family Therapists specialize in relational, family system approaches.
Behavior Analysts focus on applied behavior analysis to modify socially significant behavior.
The scope of practice also includes limitations—activities that may not be performed unless properly licensed.
D. Professional Standards and Ethical Conduct
The regulations establish standards of practice that all licensees must follow. These include:
Confidentiality requirements
Informed consent
Client records standards
Professional boundaries
Supervision and delegation rules
Advertising standards
Reporting obligations (e.g., abuse, neglect)
Behavior that violates these standards can result in discipline.
E. Continuing Education Requirements
To maintain an active license, professionals must:
Complete a specified number of continuing education hours
Comply with approved topics (e.g., ethics, clinical skills)
Retain documentation of courses
Submit proof with renewal applications
The exact number and types of continuing education hours vary by profession.
F. Disciplinary Processes and Sanctions
262 CMR outlines how the Board may respond to complaints and violations:
Grounds for Discipline
Professional misconduct
Negligence
Fraud in obtaining a license
Ethical violations
Substance abuse affecting practice
Investigation and Hearings
How complaints are investigated
Notice to respondent
Opportunity for a hearing
Types of Sanctions
License revocation
Suspension
Probation
Fines
Required remediation or supervision
The Board’s disciplinary authority is exercised under established administrative procedures ensuring due process.
4. Key Concepts in 262 CMR
“Practice” Defined
The regulations carefully define what activities constitute professional practice for each profession so that individuals know when a license is legally required.
Supervision Standards
For professions requiring supervised practice (often before full licensure), 262 CMR sets rules for:
Who qualifies as a supervisor
Ratio of supervision hours to client contact hours
Documentation
This ensures trainees gain competent guided experience.
Professional Titles
Only individuals holding the appropriate Massachusetts license may use protected professional titles (e.g., “Licensed Mental Health Counselor”, “Board Certified Behavior Analyst”).
Unauthorized use of a protected title is a violation.
5. Legal and Regulatory Context
262 CMR implements the statutory framework established by the Massachusetts Legislature governing allied mental health and human services professions. The Board’s authority comes from state statute, and the regulations give that statute operational effect.
Regulations like 262 CMR are given legal force once promulgated according to administrative rules and may be enforced by the Board and by Massachusetts courts when necessary.
6. Common Enforcement Issues
While not specific to the text of 262 CMR, common regulatory challenges under this chapter often involve:
Unlicensed practice
Failure to complete continuing education
Boundary violations
Inadequate documentation
Supervision deficiencies
Ethical complaints from clients
Board disciplinary actions typically follow administrative investigations and provide licensees with notice and the right to respond or appeal.
7. Summary of What 262 CMR Does
At a high level, 262 CMR:
✅ Defines who must be licensed
✅ Sets education, training, and examination standards
✅ Regulates scope of practice
✅ Establishes ethical and professional standards
✅ Requires continuing education
✅ Provides procedures for discipline and enforcement
Together, these rules help ensure that allied mental health and human services professionals in Massachusetts provide safe, competent, and ethical services.
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