Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 125.000 - Licensing of Radiologic Technologists
Section 125.021 - Grounds for Denial, Modification, Limitation, Revocation or Refusal to Renew a License
Universal Citation: 105 MA Code of Regs 105.125
Current through Register 1531, September 27, 2024
(A) Specific Grounds. The Department may issue an order denying, modifying, limiting, revoking, or refusing to renew a license sought or issued under 105 CMR 125.000 for any of the following reasons:
(1) The applicant or
licensee failed to submit the information required for licensure under
105 CMR 125.000.
(2) The applicant failed to meet the
requirements for licensure as specified in M.G.L. c. 111, § 5L and/or
105 CMR 125.000.
(3) The applicant or licensee failed to pay
licensure and/or registration fees.
(4) The applicant or licensee engaged in the
practice of Radiologic Technology after the expiration of his or her radiologic
technology license or after such license has been suspended or
revoked.
(5) The applicant or
licensee obtained or attempted to obtain or maintain a license or board
certification by fraud, misrepresentation or by the submission of incorrect,
false or misleading information.
(6) The applicant or licensee engaged in
fraudulent or deceptive practice; or practice beyond the authorized scope of
the license or with gross incompetence, or with negligence on repeated
occasions.
(7) The applicant or
licensee failed to exercise reasonable care, judgment, knowledge, or ability in
the performance of duties or failed to perform those duties within the scope of
his or her training and certification or otherwise engaged in conduct which
calls into question the individual's competence to practice.
(8) The applicant or licensee knowingly
permitted, aided or abetted an unlicensed person to perform activities
requiring a license or failed to report such activities upon becoming aware of
them.
(9) The applicant or licensee
engaged in or aided in the falsification of radiologic screening/or diagnostic
results, including but not limited to, the reporting of such false results to
any patient.
(10) The applicant or
licensee engaged in conduct which endangers public health, safety or the
environment.
(11) The licensee
failed to comply with an order issued by the Department or failed to comply
with a consent agreement entered into with the Department.
(12) The applicant or licensee failed to
remedy or correct a cited violation by the date specified in a written notice
from the Department or by the date specified in the plan of correction accepted
or modified by the Department.
(13)
The applicant or licensee violated
105 CMR 125.000 and has a
history of non-compliance with the same or similar violation or has received a
warning letter from the Department within the last five years for the same or
similar violation.
(14) The
applicant or licensee has failed to pay civil penalties or criminal fines
levied in accordance with
105 CMR 125.000, or any
applicable licensure late fees.
(15) The applicant or licensee failed to
allow duly authorized agents of the Department to conduct inspections or
attempted to impede the work of duly authorized representatives of the
Department or the enforcement of any provisions of M.G.L. c. 111, § 5L or
105 CMR 125.000.
(16) The applicant or licensee has been
convicted of, pleaded guilty to, or has, in a judicial proceeding, admitted
facts sufficient for a finding that he or she is guilty of, any criminal
violation relating directly or indirectly to his or her fitness to be licensed
under
105 CMR 125.000, including,
but not limited to the following:
(a)
Medicare or Medicaid fraud;
(b) a
crime relating to the activities regulated under M.G.L. c. Ill, § 5L
and/or
105 CMR 125.000 and/or
127.000: Licensing of Mammography Facilities;
(c) rape, assault or other violent crimes
against persons;
(d) a drug related
crime.
(17) The
applicant or licensee has been the subject of proceedings which resulted in the
suspension, limitation, modification, denial or revocation of his or her
license or refusal of renewal of his or her license.
(18) The applicant or licensee has been
disciplined in another jurisdiction in any way by the licensing authority for
acts or conduct relating directly or indirectly to his or her fitness to be
licensed as a Radiologic Technologist.
(19) The applicant or licensee has failed to
report to the Department, within the time period provided by law or regulation,
any legal or disciplinary action initiated against the licensee by another
licensing jurisdiction (United States or foreign), any health care institution,
any professional society or association or credentialing organization, any
government agency, any law enforcement agency, or any court for acts or conduct
substantially the same as acts or conduct which would constitute grounds for
suspension, denial, modification, limitation, revocation or refusal to renew a
license under 105 CMR 125.021 or
125.022,
or which would in any way relate directly or indirectly to his or her fitness
to be licensed as a radiologic technologist under
105 CMR 125.000.
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