Code of Massachusetts Regulations
263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS
Title 263 CMR 6.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS
Section 6.03 - Grounds for Board Action
Universal Citation: 263 MA Code of Regs 263.6
Current through Register 1531, September 27, 2024
(1) The Board may take action against the license 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 263 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
263 CMR
5.09: Standards of
Conduct;
(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;
(j) The
licensee continues to practice after the expiration, revocation, suspension,
surrender or retirement of his or her license 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 constitute the practice of a physician assistant;
(l) The licensee fraudulently procures a
license 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
263
CMR 6.02(2) and
6.06(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 263 CMR 6.03;
(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 any substance,
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 263 CMR 6.03 shall limit the Board's adoption of additional grounds for discipline through adjudication and rulemaking.
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