Code of Massachusetts Regulations
233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS
Title 233 CMR 2.00 - Definitions and Individual Registration Requirements
Section 2.04 - Good Moral Character Requirement

Universal Citation: 233 MA Code of Regs 233.2

Current through Register 1531, September 27, 2024

(1) An application for registration as a chiropractor, whether by examination pursuant to 233 CMR 2.02 or by reciprocity pursuant to 233 CMR 2.03, shall be accompanied by such written documentation as the Board may reasonably require in order to determine whether the applicant is of "good moral character".

(2) If the Board receives information about an applicant for registration which reasonably raises a question about whether that applicant is of "good moral character", the Board shall conduct a further inquiry into the relevant facts and circumstances before making a final decision on the application.

(a) Determinations about whether an applicant for registration possesses the "good moral character" required for registration shall be made on an individualized case-by-case basis.

(b) If the Board determines, in its discretion, that such steps are reasonably necessary, the Board may require the applicant to appear personally before the Board, and/or furnish additional written information to the extent permitted by applicable state or federal law.

(c) The burden of demonstrating that the applicant possesses the good moral character required for registration shall rest with the applicant.

(3) Conduct which reasonably raises a question about whether an applicant possesses the "good moral character" required for registration includes, but is not necessarily limited to, any of the following:

(a) Conviction of any criminal offense, other than a routine traffic violation;

(b) Disciplinary action taken against any professional license, registration or certification held by the applicant by the applicable governmental authority of any state, territory or political subdivision of the United States or Canada; or

(c) Conduct which is not within the meaning of 233 CMR 2.04(3)(a) or (b), but which nevertheless involves any of the following:
1. Failure to exercise proper regard for the applicant's own health, welfare or safety;

2. Failure to exercise proper regard for the health, welfare, safety or legal rights of another person; or

3. Fraud, deception or lack of honesty or truthfulness.

(4) For purposes of 233 CMR 2.04(3), the term "conviction" means any of the following:

(a) a final judgment entered after a jury verdict of guilty or a judicial finding of guilty;

(b) a plea of guilty;

(c) a plea of no lo contendere (no contest); or

(d) any other plea or finding which is treated by the court as a plea or finding of guilty. The standards in 233 CMR 2.04(4)(a) through (d) shall apply regardless of the law of the jurisdiction in which the disposition occurred.

(5) For purposes of 233 CMR 2.04(3), the term "disciplinary action" means any of the following:

(a) Denial of a license, registration or certification for any reason other than failure to meet the educational, experiential or examination requirements established by applicable law or regulation for that license, registration or certification;

(b) Refusal to issue a license, registration or certification for any reason other than failure to meet the educational, experiential or examination requirements established by applicable law or regulation for that license, registration or certification;

(c) Revocation or suspension of a license, registration or certification;

(d) Placement of a license, registration or certification on probation;

(e) Issuance of a letter of censure;

(f) Issuance of a written reprimand; or

(g) Any other adverse action against the applicant's license, registration or certification which constitutes "disciplinary action" under the applicable laws and/or regulations of the jurisdiction in which that adverse action was taken.

(6) In determining whether an application for registration should be denied because the applicant has been convicted of a criminal offense, within the meaning of 233 CMR 2.04(3)(a), or the applicant has been the subject of a disciplinary action by the applicable governmental authority of another jurisdiction, within the meaning of 233 CMR 2.04(3)(b), the Board shall consider all of the relevant facts and circumstances, including but not limited to the following:

(a) The nature of the criminal offense(s) or conduct which gave rise to the disciplinary action;

(b) The date of the criminal conviction(s) or date of the disciplinary action;

(c) The age of the applicant at the time of the criminal conviction(s) or age and level of professional experience at the time of the conduct which gave rise to the disciplinary action;

(d) The number of criminal conviction(s) or number of disciplinary actions taken against the applicant;

(e) The nature and severity of the sentence or sanction imposed for each criminal conviction or nature and severity of the disciplinary sanction(s) imposed;

(f) Whether the conduct which gave rise to the criminal conviction or disciplinary action demonstrates an intentional or deliberate disregard for the life, health, safety or welfare of others;

(g) Whether the conduct which gave rise to the criminal conviction or disiplinary action involved the commission of acts of physical or sexual violence or coercion against another person;

(h) Whether the conduct which gave rise to the criminal conviction or disciplinary action otherwise poses a continued or continuing risk to the health, safety or welfare of the public;

(i) Whether the conduct which gave rise to the criminal conviction or disciplinary action involved trafficking in, or illegally manufacturing, controlled substances as defined by applicable state or federal law;

(j) Whether the conduct which gave rise to the criminal conviction or disciplinary action involves fraud, deception, a lack of honesty, a lack of truthfulness or veracity, or a lack of personal integrity or trustworthiness;

(k) Whether there is a significant relationship between the conduct which gave rise to the criminal conviction or disciplinary action and the nature of the activities which the applicant will be authorized to perform if the registration is granted;

(l) Whether there is a significant relationship between the conduct which gave rise to the criminal conviction or disciplinary action and the ability of the applicant to practice the profession with a reasonable degree of skill and safety;

(m) Whether there is a significant relationship between the conduct which gave rise to the criminal conviction or disciplinary action and the ability of the applicant to practice the profession in accordance with generally accepted standards of sound professional practice; and

(n) Evidence of rehabilitation of the applicant, including but not limited to successful completion of parole or court-ordered probation; the making of restitution; satisfactory completion of court-ordered community service; evidence that the applicant has subsequently taken actions to mitigate the consequences of his or her criminal conduct; evidence of remorse, etc.

(o) Evidence of satisfactory compliance with any terms or conditions of probation or other remedial measures included in the disciplinary sanction imposed; and

(p) Evidence that the applicant has subsequently taken other actions to mitigate the harmful consequences of the conduct which gave rise to the disciplinary action and/or to prevent a recurrence of that conduct.

(7) In determining whether an application for registration should be denied because the applicant has engaged in conduct which did not result in either a criminal conviction or a disciplinary action, but which is within the meaning of 233 CMR 2.04(3)(c), the Board shall consider all of the relevant facts and circumstances, including but not limited to the following:

(a) The nature of the conduct in question;

(b) The date(s) of the conduct in question;

(c) The age of the applicant at the time of the conduct in question;

(d) Whether the conduct demonstrates an intentional or deliberate disregard for the life, health, safety or welfare of others;

(e) Whether the conduct involved the commission of acts of physical or sexual violence or coercion against another person;

(f) Whether the conduct otherwise poses a continued or continuing risk to the health, safety or welfare of the public;

(g) Whether the conduct involved trafficking in, or illegally manufacturing, controlled substances;

(h) Whether the conduct demonstrates fraud, deception, lack of honesty, a lack of truthfulness or veracity, or a lack of personal integrity or trustworthiness;

(i) Whether there is a significant relationship between the conduct and the nature of the activities which the applicant will be authorized to perform if the license is granted;

(j) Whether there is a significant relationship between the conduct and the ability of the applicant to practice the profession with a reasonable degree of skill and safety;

(k) Whether there is a significant relationship between the conduct and the ability of the applicant to practice the profession in accordance with generally accepted standards of sound professional practice;

(l) Evidence as to whether the applicant has engaged in remedial action which mitigates the consequences of the conduct in question; and

(m) Evidence as to whether the conduct in question is characteristic of or representative of the applicant's conduct generally.

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