250 CMR, § 7.05

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.

250 CMR, § 7.05