268 Mass. Reg. 6.02

Current through Register 1527, August 2, 2024
Section 6.02 - Grounds for Disciplinary Action

The Board may, by majority vote after a hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00 et seq., take disciplinary action against any licensed dietitian/nutritionist certified by the Board pursuant to M.G. L. c. 112, §§ 201 through 210 and 268 CMR 6.00. Grounds for such disciplinary action shall include, but not be limited to:

(1) Engaging in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of material facts, the provision of false or forged evidence, or bribery in connection with any application for a certificate of licensure issued by the Board;
(2) Violating any provisions of the laws of the Commonwealth relating to the authorized practice as a licensed dietitian/nutritionist or any rule or regulation promulgated by the Board thereunder;
(3) Engaging in gross misconduct in the practice of his or her profession as a licensed dietitian/nutritionist;
(4) Engaging in practice which is fraudulent or beyond the authorized scope of practice for a licensed dietitian/nutritionist;
(5) Practicing with gross incompetence or gross negligence on a particular occasion, or with negligence on repeated occasions;
(6) Practicing while his or her ability to practice is impaired by alcohol, drugs, physical disability or mental illness;
(7) Being habitually intoxicated by, or engaging in the current, unlawful use of, alcohol, narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects;
(8) Knowingly permitting, or aiding or abetting, an unlicensed person to perform activities which require a license for purposes of fraud, deception or personal gain, excluding activities which are permissible under any provision of the laws of the Commonwealth relating to the training of dietitian/nutritionist in authorized health care institutions and facilities;
(9) Having been convicted, or having submitted to the facts, of any criminal offense which reasonably calls into question his or her moral character, fitness or ability to practice as a licensed dietitian/nutritionist; or
(10) Violating any provision of M.G.L. c. 112, §§ 210 through 210 or any rule or regulation promulgated by the Board thereunder.

268 CMR 6.02