Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 5.00 - Complaint Procedures and Disciplinary Action › Section 5.03 - Grounds for Board Action

Current through Register 1525, July 5, 2024
(1) The Board
			 may take action against the license of a licensee based on one or more of the
			 following grounds:
(a) The licensee fails to
			 comply with any provision of M.G.L. c. 112, §§ 211 through
			 220;
(b) The licensee fails to
			 comply with any provision of 267 CMR, or any rule, advisory ruling or policy
			 adopted by the Board;
(c) The
			 licensee fails to comply with any order of the Board;
(d) The licensee fails to comply with the
			 terms of any Consent Agreement entered into with the Board;
(e) The licensee fails to comply with any of
			 the Standards of Conduct set forth at 267 CMR 4.04:
Standards of
			 Conduct
;
(f) The licensee
			 fails to comply with an Order of the Commissioner of the Department of Public
			 Health pursuant to a Declaration of Emergency Detrimental to Public Health made
			 in accordance with M.G.L. c. 17, § 2A or pursuant to such other authority
			 as may be vested in the Commissioner;
(g) The licensee engages in conduct outside
			 the licensee's scope of practice, except as may be otherwise authorized by law
			 or licensing authority;
(h) The
			 licensee engages in conduct that violates recognized standards of
			 care;
(i) The licensee continues to
			 practice after the expiration, revocation, suspension, surrender or retirement
			 of his or her license, or after the licensee has entered into a consent
			 agreement in which he or she agreed to refrain from engaging in
			 practice;
(j) The licensee
			 knowingly permits, aids or abets an unlicensed person to perform activities
			 that requires a license issued by the Board;
(k) The licensee fraudulently procures a
			 license, or its renewal;
(l) In
			 connection with any examination related to licensure, the licensee:
1. impersonates or acts as proxy for another
			 individual;
2. discloses the
			 contents of any examination;
3.
			 compromises the integrity of any such examination; or
4. cheats, or assists another person to
			 cheat, on any such examination;
(m) The licensee knowingly provides false
			 information to the Board, either directly or through another person acting on
			 the licensee's behalf;
(n) The
			 licensee fails, without cause, to appear before the Board when so requested as
			 part of the Board's review of a matter concerning the licensee, including but
			 not limited to an investigation, complaint or application;
(o) The licensee fails, without cause, to
			 provide a written response to a pending investigation or complaint or to
			 provide documents or other evidence in the licensee's possession or control
			 that may be relevant to the allegations, in accordance with
			 267
			 CMR 5.02(2)  and 5.06(2);
(p) Another government licensing
			 or authorizing agency, within or outside the Commonwealth, imposes discipline
			 against any professional certificate, registration, license or authorization
			 held by the licensee for reasons substantially the same as grounds for Board
			 action in 267 CMR;
(q) The licensee
			 falsifies, alters or willfully makes incorrect entries or failed to make
			 essential entries in patient records;
(r) The licensee has been convicted of a
			 crime;
(s) The licensee engages in
			 conduct that demonstrates a lack of good moral character;
(t) The licensee engages in practice while
			 his or her ability to practice is impaired by alcohol, drugs, physical
			 disability or mental instability;
(u) The licensee obtains or uses any drug in
			 an unlawful manner;
(v) The
			 licensee engages in behavior that is likely to have an adverse effect upon the
			 health, safety or welfare of the public; or
(w) The licensee engages in conduct that
			 undermines public confidence in the integrity of the profession.