(1)
Grounds for Disciplinary Action
(a) The Board may, by majority vote after a
hearing conducted in accordance with M.G.L. c. 30A and
801 CMR 1.00 et. seq., take
disciplinary action against any social worker who holds a license issued
pursuant to M.G.L. c. 112, §§ 130 through 137 and
258 CMR 9.00. Grounds for such
disciplinary action shall include, but shall not be limited to:
1. Engaging in unprofessional conduct,
including but not limited to any conduct which constitutes a violation of
258 CMR
20.01 through
258 CMR
20.14;
2. Violating any provision of any state or
federal law or regulation which governs or pertains to the practice of social
work;
3. Engaging in gross
misconduct in the practice of his or her profession as a social
worker;
4. Engaging in practice
which is fraudulent or beyond the authorized scope of practice for the level of
social work licensure held;
5.
Practicing with gross incompetence or gross negligence on a particular
occasion;
6. Practicing with
negligence on more than one occasion;
7. Practicing while his or her ability to
practice is impaired by alcohol, drugs, physical disability or mental
illness;
8. Knowingly permitting,
or aiding or abetting, an unlicensed person to perform social work activities
which require a license;
9. Having
been convicted of any criminal offense which reasonably calls into question his
or her fitness or ability to practice as a social worker; or
10. Having his or her license, certificate,
or registration to practice social work revoked, cancelled, suspended, or
otherwise disciplined by 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, if the basis for that disciplinary action would constitute a basis for
disciplinary action in Massachusetts.
(b) For purposes of 258 CMR 30.03(1)(a)10.,
the term "disciplinary action" shall include, but shall not be limited to, any
one or more of the following sanctions:
1.
Denial of a license, registration or certification to practice social
work;
2. Revocation, suspension, or
refusal to renew a license, registration or certification to practice social
work;
3. Placement of a license,
registration or certification to practice social work on probation;
4. Issuance of a letter of censure;
or
5. Issuance of a formal written
reprimand.
(2)
Procedure in Formal Disciplinary
Proceedings - All formal adjudicatory proceedings shall be conducted in
accordance with
801 CMR 1.00 (Standard
Adjudicatory Rules of Practice and Procedure) promulgated by the Secretary of
Administration and Finance pursuant to St. 1978 c. 60, § 1.
(3)
Sanctions - If the Board, by
majority vote and after a hearing conducted in accordance with G.L. c. 30A and
801 CMR 1.00 et.seq., finds
that a social worker who holds a license issued by the Board, or an applicant
for such a license, has engaged in any conduct which warrants disciplinary
action, as set forth in 258 CMR 30.03(1), the Board may impose any one or more
of the following sanctions:
(a) Deny the
respondent a license to practice social work;
(b) Revoke, suspend, cancel or refuse to
renew that respondent's license to practice social work;
(c) Place the respondent's license to
practice social work on probation;
(d) Issue a letter of censure to the
respondent;
(e) Issue a formal
written reprimand to the respondent;
(f) Require the respondent to complete such
additional education or training as the Board deems necessary as a condition
for issuance, retention, future consideration, or reinstatement of his or her
license to practice social work;
(g) Require the respondent to practice under
such supervision as the Board deems necessary, for a period of time as
determined by the Board, as a condition for issuance, retention, future
consideration or reinstatement of his or her license to practice social
work;
(h) Require the respondent to
participate in an alcohol or drug rehabilitation program, and/or undergo drug
testing, as a condition for issuance, retention, future consideration or
reinstatement of his or her license to practice social work; or
(i) Require the respondent to comply with
such other conditions as are deemed reasonable and necessary by the Board to
protect the health, safety and welfare of the general public and/or ensure that
the respondent will practice social work in accordance with generally accepted
standards of professional practice.
(4)
Disposition of Complaints Without
Formal Adjudicatory Proceedings - Pursuant to its authority under G.L.
c. 30A, s. 10, the Board may make a final disposition of any complaint filed
with the Board against any social worker who holds a license issued by the
Board, or any applicant for such a license, by means of stipulation, consent
agreement or other settlement agreement. Such disposition may include, but
shall not necessarily be limited to, any one or more of the sanctions provided
for in 258 CMR 30.03(3).
(5)
Issuance of Advisory Letters - If the Board, after investigation
and consideration of a particular complaint, determines that the facts and
circumstances of the matter do not warrant the imposition of one or more of the
disciplinary sanctions set forth in 258 CMR 30.03(3), the Board, in its
discretion, may nevertheless issue an advisory letter to the respondent
containing recommendations for improvements in the respondent's professional
practice or conduct.
