Code of Massachusetts Regulations
235 CMR - BOARD OF REGISTRATION OF DISPENSING OPTICIANS
Title 235 CMR 5.00 - Standards Of Professional Practice And Conduct; Disciplinary Proceedings
Section 5.07 - Complaint Procedures

Universal Citation: 235 MA Code of Regs 235.5

Current through Register 1531, September 27, 2024

(1) The Board shall investigate any and all complaints which allege that a licensed dispensing optician or registered apprentice optician has violated any provision of M.G.L. c. 112, §§ 73C through 73L, any chapter or section of 235 CMR 2.00 through 5.00; or has otherwise engaged in improper or unethical professional conduct.

(2) All complaints, reports, records, documents or other information received or kept by the Board in connection with any investigation conducted by the Board pursuant to 235 CMR 5.07(1) shall remain confidential until such time as the Board has disposed of the matter by dismissing the complaint, issuing an Order to Show Cause, or taking other final action on said complaint. Notwithstanding the foregoing:

(a) Certain records or information received or kept by the Board in connection with any investigation conducted pursuant to this section shall remain confidential even after final action on the complaint has been taken by the Board, to the extent that disclosure of such information is restricted by other applicable state or federal law; and

(b) The requirement that investigative records or information shall be kept confidential shall not apply to requests for such information received from the person under investigation or the complainant.

(3) The Board will review written requests for investigative records or other confidential information from, and may furnish such information in accordance with M.G.L. c. 66A: Fair Information Practices Act to, particular federal, state and local regulatory and law enforcement agencies, including but not limited to:

1. The Massachusetts Executive Office of Consumer Affairs;

2. The Massachusetts Department of the Attorney General;

3. The Office of the District Attorney for any county in Massachusetts;

4. The Massachusetts State Police;

5. Any local or municipal police department in Massachusetts;

6. The Massachusetts Department of Public Health;

7. The Massachusetts Department of Public Welfare;

8. The Office of the United States Attorney;

9. The United States Department of Justice;

10. The Federal Bureau of Investigation;

11. The United States Drug Enforcement Administration;

12. The Office of the Inspector General of the United States Department of Health and Human Services; and

13. An agency in any other state which is responsible for the registration, certification or licensure of dispensing opticians.

All recipients of such confidential information designated pursuant to 235 CMR 5.00 shall preserve the confidentiality of such data and make it available to the data subject to the extent required by M.G.L. c. 66A.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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