Code of Massachusetts Regulations
258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS
Title 258 CMR 30.00 - Complaint Procedures And Grounds For Disciplinary Action
Section 30.02 - Investigation of Complaints

Universal Citation: 258 MA Code of Regs 258.30

Current through Register 1531, September 27, 2024

(1) The Board shall investigate any and all complaints which allege that a social worker has violated any provision of M.G.L. c. 112, §§ 130 through 137, any rule or regulation of the Board, or any other state or federal law or regulation pertaining to the professional conduct or activities of social workers; or has otherwise engaged in improper or unethical professional conduct.

(2) If the Board makes a preliminary determination that a complaint may have merit, the Board shall request that the licensee who is the subject of the complaint provide a written response to that complaint. A licensee may respond to such a request either personally or through an attorney. The response shall address the substantive allegations set forth in the complaint itself, or in the Board's request for a response to that complaint, and shall be provided in a timely manner as directed by the Board. Failure to provide a complete and timely response to a complaint may be construed by the Board as an admission that the allegations contained in the complaint are true, unless the licensee shows good cause for his or her failure to respond.

(3) No person who files a complaint, reports or provides information to the Board in connection with the investigation of a complaint, or otherwise assists the Board in discharging its duties and functions, shall be held liable in any cause of action arising out of these activities, as long as the person making the complaint or providing such information or assistance does so in good faith and without malice.

(4) 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 258 CMR 30.02(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.

(5) Pursuant to M.G.L. c. 13, § 84, the Board will review written requests for investigative records or other confidential information from, and may furnish such information in accordance with the Fair Information Practices Act (M.G.L. c. 66A) to, particular federal, state and local regulatory and law enforcement agencies, including but not limited to:

(a) The Massachusetts Executive Office of Consumer Affairs;

(b) The Massachusetts Department of the Attorney General;

(c) The Office of the District Attorney for any county in Massachusetts;

(d) The Massachusetts State Police;

(e) Any local or municipal police department in Massachusetts;

(f) The Massachusetts Department of Public Health;

(g) The Massachusetts Department of Public Welfare;

(h) The Office of the United States Attorney;

(i) The United States Department of Justice;

(j) The Federal Bureau of Investigation;

(k) The United States Drug Enforcement Administration;

(l) The Office of the Inspector General of the United States Department of Health and Human Services;

(m) The Bureau of Health Professions, Division of Quality Assurance, Health Resources and Services Administration of the United States Department of Health and Human Services;

(n) The Disciplinary Action Reporting System of the Association of State Social Work Boards; and

(o) Any governmental agency in any other state, province, territory or other political subdivision of the United States or Canada which is responsible for the registration, certification or licensure of social workers.

All recipients of such confidential information designated pursuant to 258 CMR 30.02 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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