As long as you meet the requirements of 210.23(A) and this is a single bathroom, then you are allowed per the exception of 210.11(3) of the 2002 NEC. I do not know if there is an exception to this in MA code? This topic is slightly controversial because of the language of the exception at 210.23(A) regarding what outlets are allowed to be served by these branch circuits. The code kind of runs you in a circle.