Code of Massachusetts Regulations
263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS
Title 263 CMR 6.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS
Section 6.05 - Summary Suspension
Universal Citation: 263 MA Code of Regs 263.6
Current through Register 1531, September 27, 2024
(1) Purpose. 263 CMR 6.05 establishes parameters for the summary suspension of a license, in advance of a hearing, by either the full Board or the Board Chair acting on the Board's behalf, in order to prevent an immediate and serious threat to the public health, safety or welfare presented by a licensee's practice. 263 CMR 6.05 also establishes requirements for a post-suspension hearing within seven business days.
(2) Authorization for Order of Summary Suspension.
(a)
Request. The Executive Director may present a request
for an Order of Summary Suspension to the Board or, if the next scheduled
meeting of the Board will not be held for more than 48 hours, to the Board
Chair. The Board Chair may either defer to the full Board or act on the Board's
behalf. All members of the Board shall receive a copy of the request for an
Order of Summary Suspension presented to the Board Chair. The request for an
Order of Summary Suspension must be supported by affidavits, or documentary
evidence.
(b)
Immediate
and Serious Threat. If, upon review of the information presented
in the request for an Order of Summary Suspension, the Board, or Board Chair,
determines, on the basis of information presented in the request, the
licensee's continued practice presents an immediate and serious threat to the
public health, safety or welfare, and summary suspension is necessary to
prevent that threat, the Board, or the Board Chair, acting on the Board's
behalf, may authorize the Executive Director to issue an order summarily
suspending the license of a licensee.
(c)
Serious Threat.
If, upon review of the information presented in the request for an Order of
Summary Suspension, the Board, or Board Chair, determines the licensee's
continued practice presents a serious threat to the public health, safety or
welfare, and summary suspension is necessary to prevent that threat, the Board,
or the Board Chair acting on the Board's behalf, may authorize the Executive
Director to issue an order commanding the licensee to file opposing affidavits
or other evidence within three business days. If upon review of all the
evidence submitted to the Board, the Board or Board Chair again determines the
licensee's continued practice presents a serious threat to the public health,
safety or welfare, and summary suspension is necessary to prevent that threat,
the Board, or the Board Chair acting on the Board's behalf, may authorize the
Executive Director to issue an order summarily suspending the license of a
licensee.
(3) Order of Summary Suspension: Content, Notice and Enclosures.
(a) An Order of
Summary Suspension shall notify the licensee that his or her license has been
suspended and he or she is prohibited from engaging in practice until further
notice by the Board, effective upon the licensee's receipt of the
order.
(b) The Order of Summary
Suspension shall include notice of the date, time and location of the
post-suspension hearing.
(c) The
Order of Summary Suspension shall be mailed to the licensee by United States
Postal Service, first class mail and by either United States Postal Service or
a comparable private mail service that delivers within 24 hours.
(d) The Order of Summary Suspension shall be
accompanied by a copy of the Executive Director's request for an order of
Summary Suspension and its supporting affidavits and documentary
evidence.
(4) Post-suspension Hearing.
(a) The Board shall hold a post-suspension
hearing in order to determine whether to continue or rescind the Order of
Summary Suspension based on findings with respect to whether the licensee's
continued practice presents an immediate and serious threat to the public
health, safety or welfare, and summary suspension is necessary to prevent that
threat. The post-suspension hearing will be conducted in accordance with M.G.L.
c. 30A and
801 CMR 1.01:
Formal Rules. The Board may designate an administrative
hearings counsel as the Presiding Officer to conduct the post-suspension
hearing.
(b) The post-suspension
hearing shall take place within seven business days of the issuance of the
Order of Summary Suspension. The licensee may submit a written request for a
continuance to the administrative hearings counsel assigned with notice to the
prosecuting counsel assigned to the summary suspension hearing. The
administrative hearings counsel may continue the post-suspension hearing to a
date and time mutually agreeable to the licensee and prosecuting counsel. The
summary suspension shall remain in effect during the time the post-suspension
hearing is continued at the licensee's request.
(c) Administrative hearings counsel may admit
into evidence:
1. the Executive Director's
request for an order of Summary Suspension and its supporting affidavits and
documentary evidence;
2. relevant
evidence presented by the licensee; and
3. relevant evidence presented by prosecuting
counsel that was unknown or unavailable at the time the Order of Summary
Suspension was issued, provided that prosecuting counsel disclosed such
evidence to the licensee prior to the hearing.
(d) Administrative hearings counsel shall,
within 30 days of the conclusion of the post-suspension hearing, either issue a
tentative decision or provide a status report to the Board.
(5) Final Decision and Order of Summary Suspension.
(a)
Final Decision. Upon review of the tentative decision
and any objections and responses to objections that may be filed, the Board
shall issue a Final Decision and Order of Summary Suspension, which shall
include findings of fact regarding the allegations the licensee's practice
presents an immediate and serious threat to the public health, safety or
welfare, and summary suspension is necessary to prevent that threat.
(b)
Default. If the
licensee fails to appear and defend at the hearing, the administrative hearings
counsel shall issue a notice of default to the licensee, the prosecuting
counsel and the Board. The Board shall adopt the facts as alleged in the
Request for Summary Suspension as its findings.
(c)
Rescission of Order of
Summary Suspension. If the Board's final decision concludes either
that the licensee's practice does not present an immediate and serious threat
to the public health, safety or welfare, or that summary suspension is not
necessary to prevent that threat, the Board shall rescind the Order of Summary
Suspension and restore the license to the status that was in effect immediately
before the Order of Summary Suspension issued.
(d)
Continuation of Order of
Summary Suspension. If the Board's findings include both that the
licensee's practice presents an immediate and serious threat to the public
health, safety and welfare, and summary suspension is necessary to prevent that
threat, the Board shall order the continuation of the Order of Summary
Suspension. An Order of Summary Suspension that has been continued shall remain
in effect until resolution of the underlying complaint.
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