Code of Massachusetts Regulations
234 CMR - BOARD OF REGISTRATION IN DENTISTRY
Title 234 CMR 9.00 - Investigations, Complaints and Board Actions
Section 9.03 - Grounds for Board Action
Universal Citation: 234 MA Code of Regs 234.9
Current through Register 1531, September 27, 2024
(1) The Board may take action against the license of a licensee based on one or more of the following grounds:
(a) The licensee fails to
comply with any provision of M.G.L. c. 112, §§ 43 through 53, or any
provision of M.G.L. c. 94C;
(b) The
licensee fails to comply with any provision of 234 CMR, or any rule, advisory
ruling or policy adopted by the Board;
(c) The licensee fails to comply with any
order of the Board;
(d) The
licensee fails to comply with the terms of any Consent Agreement entered into
with the Board;
(e) The licensee
fails to comply with a plan for corrective action required by any order of the
Board, or any Consent Agreement entered into with the Board;
(f) The licensee fails to comply with an
Order of the Commissioner of the Department of Public Health pursuant to a
Declaration of Emergency Detrimental to Public Health made in accordance with
M.G.L. c. 17, § 2A or pursuant to such other authority as may be vested in
the Commissioner;
(g) The licensee
fails to comply with any provision of
105 CMR 700.000:
Implementation of M.G.L. c. 94C, 720.000: List
ofInterchangeable Drug Products, 721.000: Standards for
Prescription Format and Security in Massachusetts, 722.000:
Dispensing Procedures for Pharmacists or 724.000:
Implementation of M.G.L. c. 94D; The Controlled Substances Therapeutic
Research Act, or any rule, advisory ruling or policy adopted by the
Department of Public Health, Drug Control Program;
(h) The licensee fails to provide services
and maintain the dental office in compliance with the CDC Guidelines and OSHA
Standards;
(i) The licensee fails
to comply with established ethical standards of the profession orspecialty
including, but not limited to, the standards identified at
234 CMR
5.19: Principles of Ethics and Code
of Professional Conduct;
(j) The licensee engages in conduct that
violates recognized standards of care;
(k) The licensee engages in conduct outside
the licensee's scope of practice, except as may be otherwise authorized by law
or licensing authority;
(l) The
licensee continues to practice after the expiration, revocation, suspension,
surrender or retirement of his or her license, or after the licensee has
entered into a consent agreement in which he or she agreed to refrain from
engaging in practice;
(m) The
licensee knowingly permits, aids or abets an unlicensed person to perform
activities that requires a license issued by the Board;
(n) The licensee fraudulently procures a
license or its renewal;
(o) In
connection with any examination related to licensure, the licensee
1. impersonates or acts as proxy for another
individual;
2. discloses the
contents of any examination;
3.
compromises the integrity of any such examination; or
4. cheats, or assists another person to
cheat, on any such examination.
(p) The licensee knowingly provides false
information to the Board, either directly or through another person acting on
the licensee's behalf;
(q) The
licensee fails, without cause, to appear before the Board when so requested as
part of the Board's review of a matter concerning the licensee, including but
not limited to an investigation, complaint or application;
(r) The licensee fails, without cause, to
provide a written response to a pending investigation or complaint or to
provide documents or other evidence in the licensee's possession or control
that may be relevant to the allegations, in accordance with 9.02(2) and
9.06(2);
(s) Another government
licensing or authorizing agency, within or outside the Commonwealth, imposes
discipline against any professional certificate, registration, permit, license
or authorization held by the licensee for reasons substantially the same as
grounds for Board action in 234 CMR 9.03;
(t) The licensee has been convicted of a
crime;
(u) The licensee engages in
conduct that demonstrates a lack of good moral character;
(v) The licensee fails to maintain
professional dentist, dental hygienist, or dental assistant patient
boundaries;
(w) The licensee
engages in conduct with a patient which is sexual or may be reasonably
interpreted by the patient as sexual or engaging in behavior, gestures, or
expressions, verbal or nonverbal, which are seductive, suggestive or sexually
demeaning to a patient;
(x) The
licensee engages in practice while his or her ability to practice is impaired
by alcohol, drug, physical disability or mental instability;
(y) The licensee obtains or uses any drug in
an unlawful manner;
(z) The
licensee engages in behavior that is likely to have an adverse effect upon the
health, safety or welfare of the public;
(aa) The licensee engages in conduct that
undermines public confidence in the integrity of the profession;
(bb) The licensee falsifies, alters or
willfully makes incorrect entries or failed to make essential entries in
patient records;
(cc) The licensee
issues a prescription for medication(s) or prosthesis including, but not
limited to, internet or other electronic process, without a medical history,
without conducting an appropriate dental examination or without recording a
corresponding diagnosis and treatment plan;
(dd) The licensee charges a patient or third
party payor for a service not performed;
(ee) The licensee fails, without just cause,
to refund a prepayment for treatment and services not completed or not
performed;
(ff) The licensee
offers, gives or receives commissions, rebates or other forms of remuneration
for the referral of patients;
(gg)
The licensee fails to file any report required pursuant to M.G.L. c. 19A, 19C,
or 119, §51A;
(hh) The
licensee fails to accurately report to the Board in writing, within 30 days,
any disciplinary action, as defined by
234 CMR 9.00, taken against
the licensee by an entity or its agent, including but not limited to, a
governmental authority, a health care facility, an employer, a dental insurance
company, or a professional dental or medical society (international, national,
state or local);
(ii) The licensee
fails to accurately report to the Board, in writing, within 30 calendar days,
any final action taken regarding one's license to practice dentistry, dental
hygiene, dental assisting or other health care related professional license by
any other governmental authority in this state or another
jurisdiction;
(jj) The licensee
fails to accurately report to the Board, in writing, within 30 calendar days
any criminal charge or conviction as defined in
234 CMR 2.03:
Definitions in Massachusetts or any other
jurisdiction.
(2) Nothing in 234 CMR 9.03 shall limit the Board's adoption of additional grounds for discipline through adjudication and rulemaking.
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