234 CMR, § 4.02

Current through Register 1531, September 27, 2024
Section 4.02 - Reporting of Disciplinary Action, License Denial or Other Restriction of Professional Privileges

For license applications, disciplinary actions include, but are not limited to, revocation, suspension, probation, censure, reprimand, or restriction of a license to practice dentistry, dental hygiene or dental assisting, non-renewal, denial or restriction of privileges or termination of participation. An applicant for initial licensure or renewal of licensure shall report:

(1) A denial or restriction of privileges related in any way to:
(a) The applicant's competence to practice dentistry, dental hygiene or dental assisting; or
(b) A complaint or allegation regarding any violation, whether specifically cited or not, of the laws, regulations, or policies of the Board.
(2) Information concerning any disciplinary action taken against an applicant by any of the following:
(a) Governmental authorities, including boards of registration in other jurisdictions;
(b) Hospitals;
(c) Health care facilities, but not including disciplinary action taken against a student by a dental school, dental hygiene school or program, or dental assisting school or program;
(d) Professional dental, dental hygiene or dental assisting associations, but not including professional association peer review proceedings;
(e) Insurance companies or other third party payors which shall only include findings of billing irregularities for any of the following as stated in M.G.L. c. 112, § 52E:
1. Obtaining a total payment in excess of that usually received by the dentist for services rendered;
2. Falsely reporting treatment dates for the purpose of obtaining payment;
3. Reporting charges for services not rendered;
4. Falsely reporting services rendered for the purpose of obtaining payment; or
5. Abrogating the co-payment provisions of a contract by accepting the payment received from the third party as full payment.
(3) Information concerning any civil litigation related to the practice of dentistry, dental hygiene or dental assisting that resulted in a finding against or a settlement with the applicant, as the Board may require.
(4) Information concerning any criminal proceedings commenced against the applicant but not including minor traffic offenses, as the Board may require.
(5) Information concerning an applicant's privilege to possess, prescribe or dispense controlled substances.

234 CMR, § 4.02

Amended by Mass Register Issue 1271, eff. 10/10/2014.
Amended by Mass Register Issue 1363, eff. 4/20/2018.