Code of Massachusetts Regulations
272 CMR - CERTIFICATION OF COMMUNITY HEALTH WORKERS, BOARD OF
Title 272 CMR 9.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS
Section 9.05 - Summary Suspension
Universal Citation: 272 MA Code of Regs 272.9
Current through Register 1531, September 27, 2024
(1) Purpose. 272 CMR 9.05 establishes parameters for the summary suspension of a license, in advance of a hearing, by either the full Board or by 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 certificate holder's practice. It 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 Order of Summary Suspension to the Board or, if the next scheduled meeting
of the Board is more than 48 hours into the future, 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, or
both.
(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 that certificate holder's continued practice presents an immediate
and serious threat to the public health, safety or welfare, and that 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 certificate of a certificate holder.
(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 that certificate
holder's continued practice presents a serious threat to the public health,
safety or welfare, and that 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 certificate
holder to file opposing affidavits or other evidence within three business
days. If, upon review of the information presented in both the request for an
Order of Summary Suspension and the evidence submitted by the certificate
holder, the Board, or Board Chair, again determines that certificate holder's
continued practice presents a serious threat to the public health, safety or
welfare, and that 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 certificate of a
certificate holder.
(3) Order of Summary Suspension: Content, Notice and Enclosures.
(a) An Order of
Summary Suspension shall notify the certificate holder that his or her
certificate has been suspended and that he or she is prohibited from engaging
in practice until further notice by the Board, effective upon the certificate
holder'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 certificate holder 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 certificate
holder's continued practice presents an immediate and serious threat to the
public health, safety or welfare, and that 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 1.00: Standard Adjudicatory
Rules of Practice and Procedure. 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 certificate holder may submit
a written request for a continuance to the administrative hearing 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
certificate holder and prosecuting counsel. The summary suspension shall remain
in effect during the time that the post-suspension hearing is continued at the
certificate holder'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 certificate holder; and
3. relevant evidence presented by prosecuting
counsel that was unknown, or unavailable, or both, at the time the Order of
Summary Suspension issued, provided that prosecuting counsel disclosed such
evidence to the certificate holder 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 decision, which shall include
findings of fact on the allegations that the certificate holder's practice
presents an immediate and serious threat to the public health, safety or
welfare, and that summary suspension is necessary to prevent that
threat.
(b)
Default. If the certificate holder fails to appear and
defend at the hearing, the administrative hearings counsel shall issue a notice
of default to the certificate holder, 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 certificate holder'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
certificate 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 certificate holder's practice presents
an immediate and serious threat to the public health, safety and welfare, and
that 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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