Code of Massachusetts Regulations › 233 CMR - BOARD OF REGISTRATION OF CHIROPRACTORS › Title 233 CMR 4.00 - Standards of Practice and Professional Conduct › Section 4.06 - 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:
Standard Adjudicatory Rules of Practice and Procedure
, take disciplinary action against any registered chiropractor who holds a certificate of registration issued pursuant to M.G.L. c. 112, §§ 89 through 97 and 233 CMR 2.00:
Definitions and Individual Registration Requirements
. Grounds for such disciplinary action shall include, but shall not be limited to:
(1) Conviction of any felony involving moral turpitude;
(2) Conviction of any other criminal offense which reasonably calls into question his or her fitness or ability to practice Chiropractic;
(3) Engaging in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of material facts, provision of false or forged evidence, or bribery in connection with any application for a certificate of registration;
(4) Knowingly permitting, or aiding or abetting, an unlicensed person to perform activities which require registration as a chiropractor;
(5) Engaging in any practice or activity which is fraudulent or beyond the authorized scope of practice for a chiropractor;
(6) Engaging in negligent or incompetent practice, as defined in 233 CMR 4.07;
(7) Practicing while his or her ability to practice is impaired by alcohol, drugs, physical disability or mental illness;
(8) Being habitually intoxicated by, or engaging in the unlawful use of, alcohol, narcotics, barbiturates, amphetamines, hallucinogens or other controlled substances having similar effects;
(9) Engaging in, authorizing, or aiding or abetting, overutilization of practice, as defined in 233 CMR 4.08;
(10) Imposing, or authorizing the imposition of, improper charges for services, as defined in 233 CMR 4.09;
(11) Engaging in, authorizing, or aiding or abetting, fraud, misrepresentation or deceit in connection with his or her practice of Chiropractic, as defined in 233 CMR 4.10;
(12) Making any false statement or misrepresentation of material fact in connection with any application or claim for payment of any health care benefit, as defined in 233 CMR 4.11;
(13) Engaging in, authorizing, or aiding or abetting, any improper solicitation, inducement or referral, as defined in 233 CMR 4.12;
(14) Engaging in, soliciting, or otherwise attempting to engage in, any form of sexual relationship, activity or contact with a current patient, or with a former patient who has received a professional consultation, diagnostic service or therapeutic service within the past 90 days;
(15) Inducing, or attempting to induce, any patient to submit to any form of sexual relationship, activity or contact by falsely representing that the sexual relationship, activity or contact will or may be of diagnostic or therapeutic benefit to that patient;
(16) Engaging in gross misconduct in the practice of his or her profession as a chiropractor; or
(17) Practicing with a suspended or Expired license.
(18) Failing to cooperate with the Board or its agent with regard to inspections or investigations.
(19) Providing Chiropractic Treatment in an unlicensed facility where such facility is subject to the licensing requirements under 233 CMR 5.00:
Chiropractic Facilities
.
(20) Failing to comply with 233 CMR and M.G.L. c. 112, §§ 61 through 65 and 89 through 97.
For purposes of 233 CMR 4.06, the term "disciplinary action" shall include, but shall not be limited to: denial, revocation or suspension of a certificate of registration; refusal to renew a certificate of registration; issuance of a letter of censure; issuance of a written reprimand; assessment of a civil administrative penalty; or placement of a registered chiropractor on probation.