Code of Massachusetts Regulations › 235 CMR - BOARD OF REGISTRATION OF DISPENSING OPTICIANS › Title 235 CMR 5.00 - Standards Of Professional Practice And Conduct; Disciplinary Proceedings › Section 5.08 - Grounds for Disciplinary Action

Current through Register 1525, July 5, 2024
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 dispensing
				optician or registered apprentice optician. Grounds for such disciplinary
				action shall include, but shall not be limited to:
(a) 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
			 full license as a licensed dispensing optician or for registration as an
			 apprentice optician;
(b) Violating
			 any provision of any state or federal law or regulation relating to the
			 authorized practice of opticianry, as defined in
			 235 CMR 2.04, or the
			 performance of opticianry functions or services;
(c) Engaging in willful and/or gross
			 misconduct in the practice of his or her profession as a dispensing optician or
			 apprentice optician;
(d) Engaging
			 in practice which is fraudulent or beyond the authorized scope of practice for
			 the level of license or registration held by the respondent;
(e) Practicing with gross incompetence or
			 gross negligence on a particular occasion, or with negligence on repeated
			 occasions;
(f) Practicing while his
			 or her ability to practice is impaired by physical disability, or while he or
			 she has been adjudged mentally ill or mentally incompetent by a court of
			 competent jurisdiction;
(g)
			 Engaging in the current, unlawful use of, alcohol, narcotics, barbiturates,
			 amphetamines, hallucinogens or other drugs having similar effects to an extent
			 which impairs his or her ability to practice;
(h) Knowingly permitting, or aiding or
			 abetting, an unlicensed person to perform activities which require a license
			 for purposes of fraud, deception or personal gain;
(i) Having been convicted of any criminal
			 offense which involves moral turpitude or which reasonably calls into question
			 his or her fitness or ability to practice as a licensed dispensing optician or
			 apprentice optician;
(j) Having
			 been denied or refused issuance of any license to practice as a dispensing
			 optician or apprentice optician by the applicable governmental licensing
			 authority of another state, territory or political subdivision of the United
			 States (including but not limited to the District of Columbia or the
			 Commonwealth of Puerto Rico);
(k)
			 Having any license to practice as a dispensing optician or apprentice optician
			 issued by the applicable governmental licensing authority of another state,
			 territory or political subdivision of the United States (including but not
			 limited to the District of Columbia or the Commonwealth of Puerto Rico)
			 suspended, revoked, placed on probation, or otherwise subjected to disciplinary
			 action, as defined elsewhere in this section;
(l) Violating any provision of M.G.L. c. 112,
			 §§ 73C through 73L or any chapter or section of
			 235 CMR 2.00 through
			 5.00.
For purposes of 235 CMR 5.08, the term "disciplinary action"
				shall include, but shall not be limited to: denial, revocation or suspension of
				a full license or provisional license; refusal to renew a full license or
				provisional license; issuance of a letter of censure; issuance of a written
				reprimand; or placement of a licensee on probation.