Code of Massachusetts Regulations
243 CMR - BOARD OF REGISTRATION IN MEDICINE
Title 243 CMR 4.00 - Disciplinary Proceedings For Acupuncturists
Section 4.05 - Final Decision and Order, and Miscellaneous Provisions
Current through Register 1531, September 27, 2024
(1) In General. Every Final Decision and Order of the Committee requires the concurrence of at least four members, or of a majority of the Committee if it has more than one vacancy. If the Hearing Officer is a member of the Committee, his/her vote counts in the event the Committee is not otherwise able to reach a final decision.
(2) Sanctions. In disposition of disciplinary charges brought by the Committee, the Committee may revoke, suspend, or cancel the license, or reprimand or censure the acupuncturist, or require a course of education or training or otherwise discipline or limit the practice of the acupuncturist. A reprimand is a severe censure. The Committee may also condition the stay or other cessation of a sanction upon reasonable conditions consistent with the public health, safety and welfare. A Probation Agreement may be required by the Committee as a condition of the stay of an indefinite suspension. Failure to comply with the terms of a Probation Agreement may result in the immediate suspension of the acupuncturist's license to practice acupuncture.
(3) Nature and Effect, Generally. Any order of the Committee which imposes a sanction as a result of a disciplinary action is effective immediately, unless the Committee orders otherwise.
(4) Reinstatement. A person previously licensed by the Committee may apply for reinstatement of his/her license no sooner than five years after revocation, unless the Committee orders otherwise. An application for reinstatement is addressed to the Committee's discretion, must be made in the form the Committee prescribes, must be filed in the original with ten copies, and will be granted only if the Committee determines that doing so would advance the public interest. If the Committee denies a petition for reinstatement, the Respondent shall not re-petition for reinstatement until at least two years after the date of denial, unless the Committee orders otherwise.
(5) Resignation.
(6) Unauthorized Acupuncture Practice. The Committee shall refer to the appropriate District Attorney or other appropriate law enforcement agency any incidents of unauthorized acupuncture practice which come to its attention.
(7) Imposition of Restrictions. Consistent with 243 CMR 4.00 and M.G.L. c. 30A or otherwise by agreement with the licensee, the Board may impose restrictions to prohibit a licensee from performing certain acupuncture procedures, or from performing certain acupuncture procedures except under certain conditions, if the Board determines that: