Code of Massachusetts Regulations
244 CMR - BOARD OF REGISTRATION IN NURSING
Title 244 CMR 7.00 - Investigations, Complaints and Board Actions
Section 7.03 - Grounds for Board Action
Universal Citation: 244 MA Code of Regs 244.7
Current through Register 1518, March 29, 2024
(1) The Board may take action against the license or APRN authorization, or both, 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, §§ 74 through 81C, or any provision of
M.G.L. c. 94C;
(b) The licensee
fails to comply with any provision of 244 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 any of
the Standards of Conduct set forth at
244 CMR
9.03: Standards of Conduct for
Nurses and
244 CMR
9.04: Standards of Conduct for
Advanced Practice Nurses (APNs);
(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 of
Interchangeable 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 engages in conduct outside
the licensee's scope of practice, except as may be otherwise authorized by law
or licensing authority;
(i) The
licensee engages in conduct that violates recognized standards of
care;
(j) The licensee continues to
practice after the expiration, revocation, suspension, surrender or retirement
of his or her license, or APRN authorization, or after the licensee has entered
into a consent agreement in which he or she agreed to refrain from engaging in
practice;
(k) The licensee
knowingly permits, aids or abets an unlicensed person to perform activities
that requires a license, or APRN authorization, issued by the Board;
(l) The licensee fraudulently procures a
license, or APRN authorization, or its renewal;
(m) 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;
(n) The licensee knowingly provides false
information to the Board, either directly or through another person acting on
the licensee's behalf;
(o) 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;
(p) 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
244 CMR 7.02(2)
and 7.06(2);
(q) Another government licensing or
authorizing agency, within or outside the Commonwealth, imposes discipline
against any professional certificate, registration, license or authorization
held by the licensee for reasons substantially the same as grounds for Board
action in 244 CMR 7.03(1)(q);
(r)
The licensee falsifies, alters or willfully makes incorrect entries or failed
to make essential entries in patient records;
(s) The licensee has been convicted of a
crime;
(t) The licensee engages in
conduct that demonstrates a lack of good moral character;
(u) The licensee engages in practice while
his or her ability to practice is impaired by alcohol, drugs, physical
disability or mental instability;
(v) The licensee obtains or uses any drug in
an unlawful manner;
(w) The
licensee engages in behavior that is likely to have an adverse effect upon the
health, safety or welfare of the public; or
(x) The licensee engages in conduct that
undermines public confidence in the integrity of the profession.
(2) Nothing in 244 CMR 7.03(2) shall limit the Board's adoption of additional grounds for discipline through adjudication and rulemaking.
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