Current through Register 1536, December 6, 2024
Section 7.05 - Disciplinary Process(1) All complaints, unless dismissed, shall be heard by the Board or its designated agent in accordance with M.G.L. c. 30A and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure.(2) The Board or its designated agent(s) may approve a negotiated agreement with the respondent.(3) As part of a consent agreement or following an adjudicatory proceeding conducted pursuant to M.G.L. c. 30A, a majority of the Board's members may vote to impose penalties, including but not limited to any of the following: (a) suspend, revoke, cancel, decline to renew, or place on probation a Registrant's License;(b) reprimand or censure a Registrant;(c) assess civil administrative penalties under the provisions of M.G.L. c. 112, §§ 61, 65, and 65A on Registrants and unlicensed individuals;(d) require a Registrant to complete additional education, training, or testing as a condition of retention or future consideration of reinstatement of Registrant's License;(e) require a Registrant to practice under appropriate supervision for a period of time as determined by the Board as a condition of retention or future consideration of reinstatement of their License;(f) require a Registrant to participate in an alcohol or drug rehabilitation program as a condition of retention or future consideration of reinstatement of their License;(g) require a Registrant with mental health or dementia issues to provide the Board with a medical evaluation;(h) require an unlicensed individual to cease and desist all Board regulated activities; and(i) limit the Registrant's scope of practice.(4) The Board, in determining appropriate sanctions, shall consider factors, including but not limited to, the following:(a). Seriousness of the offense;(b) Prior disciplinary record;(c) Acknowledgment of wrongdoing;(d) Willingness to cooperate with the Board;(e) Consequences to public health, safety or welfare; and(f) Other mitigating or aggravating circumstances.