Code of Massachusetts Regulations
272 CMR - CERTIFICATION OF COMMUNITY HEALTH WORKERS, BOARD OF
Title 272 CMR 9.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS
Section 9.03 - Grounds for Board Action
Universal Citation: 272 MA Code of Regs 272.9
Current through Register 1531, September 27, 2024
(1) The Board may take action against the certificate of a certificate holder based on one or more of the following grounds:
(a) The
certificate holder fails to comply with any provision of M.G.L. c. 112,
§§ 260 and 262;
(b) The
certificate holder fails to comply with any provision of 272 CMR, or any rule,
advisory ruling or policy adopted by the Board;
(c) The certificate holder fails to comply
with any order of the Board;
(d)
The certificate holder fails to comply with the terms of any Consent Agreement
entered into with the Board;
(e)
The certificate holder engages in conduct prohibited by the Code of Conduct set
forth at 272 CMR 8.09;
(f) The
certificate holder engages in conduct outside the certificate holder's scope of
practice, except as may be otherwise authorized by law or licensing
authority;
(g) The certificate
holder continues to practice as a Certified Community Health Worker after the
expiration, revocation, suspension, surrender or retirement of his or her
certificate, or after the certificate holder has entered into a consent
agreement in which he or she agreed to refrain from engaging in
practice;
(h) The certificate
holder knowingly permits, aids or abets a person who is not a certificate
holder to perform activities that requires a certificate issued by the
Board;
(i) The certificate holder
fraudulently procures a certificate or its renewal;
(j) In connection with any examination
related to certification, the certificate holder:
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.
(k) The certificate holder knowingly provides
false information to the Board, either directly or through another person
acting on the certificate holder's behalf;
(l) The certificate holder fails, without
cause, to appear before the Board when so requested as part of the Board's
review of a matter concerning the certificate holder, including but not limited
to an investigation, complaint or application;
(m) The certificate holder fails, without
cause, to provide a written response to a pending investigation or complaint or
to provide documents or other evidence in the certificate holder's possession
or control that may be relevant to the allegations, in accordance with 272 CMR
9.02(2) and 9.06(2);
(n) Another
government licensing or authorizing agency, within or outside the Commonwealth,
imposes discipline against any professional certificate, registration, license
or authorization held by the certificate holder for reasons that are
substantially the same as grounds for Board action in 272 CMR 9.03;
(o) The certificate holder has been convicted
of a crime;
(p) The certificate
holder engages in conduct that demonstrates a lack of Good Moral
Character;
(q) The certificate
holder engages in practice while his or her ability to practice is impaired by
alcohol, drug, physical disability or mental instability;
(r) The certificate holder obtains or uses
any drug in an unlawful manner;
(s)
The certificate holder engages in behavior that is likely to have an adverse
effect upon the health, safety or welfare of the public; or
(t) The certificate holder engages in conduct
that undermines public confidence in the integrity of the profession.
(2) Nothing in 272 CMR 9.03 shall limit the Board's adoption of additional grounds for discipline through adjudication and rulemaking.
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