Code of Massachusetts Regulations
267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS
Title 267 CMR 5.00 - Complaint Procedures and Disciplinary Action
Section 5.03 - Grounds for Board Action
Universal Citation: 267 MA Code of Regs 267.5
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, §§ 211 through
220;
(b) The licensee fails to
comply with any provision of 267 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 267 CMR 4.04: 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 engages in conduct outside
the licensee's scope of practice, except as may be otherwise authorized by law
or licensing authority;
(h) The
licensee engages in conduct that violates recognized standards of
care;
(i) 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;
(j) The licensee
knowingly permits, aids or abets an unlicensed person to perform activities
that requires a license issued by the Board;
(k) The licensee fraudulently procures a
license, or its renewal;
(l) 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;
(m) The licensee knowingly provides false
information to the Board, either directly or through another person acting on
the licensee's behalf;
(n) 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;
(o) 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
267
CMR 5.02(2) and 5.06(2);
(p) 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 267 CMR;
(q) The licensee
falsifies, alters or willfully makes incorrect entries or failed to make
essential entries in patient records;
(r) The licensee has been convicted of a
crime;
(s) The licensee engages in
conduct that demonstrates a lack of good moral character;
(t) The licensee engages in practice while
his or her ability to practice is impaired by alcohol, drugs, physical
disability or mental instability;
(u) The licensee obtains or uses any drug in
an unlawful manner;
(v) The
licensee engages in behavior that is likely to have an adverse effect upon the
health, safety or welfare of the public; or
(w) The licensee engages in conduct that
undermines public confidence in the integrity of the profession.
(2) Nothing in 267 CMR 5.03 shall limit the Board's adoption of additional grounds for discipline through adjudication and rulemaking.
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