Code of Massachusetts Regulations › 272 CMR - CERTIFICATION OF COMMUNITY HEALTH WORKERS, BOARD OF › Title 272 CMR 9.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS › Section 9.03 - Grounds for Board Action

Current through Register 1525, July 5, 2024
(1) The Board may
			 take action against the certificate of a certificate holder based on one or
			 more of the following grounds:
(a) The
			 certificate holder fails to comply with any provision of M.G.L. c. 112,
			 §§ 260 and 262;
(b) The
			 certificate holder fails to comply with any provision of 272 CMR, or any rule,
			 advisory ruling or policy adopted by the Board;
(c) The certificate holder fails to comply
			 with any order of the Board;
(d)
			 The certificate holder fails to comply with the terms of any Consent Agreement
			 entered into with the Board;
(e)
			 The certificate holder engages in conduct prohibited by the Code of Conduct set
			 forth at 272 CMR 8.09;
(f) The
			 certificate holder engages in conduct outside the certificate holder's scope of
			 practice, except as may be otherwise authorized by law or licensing
			 authority;
(g) The certificate
			 holder continues to practice as a Certified Community Health Worker after the
			 expiration, revocation, suspension, surrender or retirement of his or her
			 certificate, or after the certificate holder has entered into a consent
			 agreement in which he or she agreed to refrain from engaging in
			 practice;
(h) The certificate
			 holder knowingly permits, aids or abets a person who is not a certificate
			 holder to perform activities that requires a certificate issued by the
			 Board;
(i) The certificate holder
			 fraudulently procures a certificate or its renewal;
(j) In connection with any examination
			 related to certification, the certificate holder:
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.
(k) The certificate holder knowingly provides
			 false information to the Board, either directly or through another person
			 acting on the certificate holder's behalf;
(l) The certificate holder fails, without
			 cause, to appear before the Board when so requested as part of the Board's
			 review of a matter concerning the certificate holder, including but not limited
			 to an investigation, complaint or application;
(m) The certificate holder fails, without
			 cause, to provide a written response to a pending investigation or complaint or
			 to provide documents or other evidence in the certificate holder's possession
			 or control that may be relevant to the allegations, in accordance with 272 CMR
			 9.02(2) and 9.06(2);
(n) Another
			 government licensing or authorizing agency, within or outside the Commonwealth,
			 imposes discipline against any professional certificate, registration, license
			 or authorization held by the certificate holder for reasons that are
			 substantially the same as grounds for Board action in 272 CMR 9.03;
(o) The certificate holder has been convicted
			 of a crime;
(p) The certificate
			 holder engages in conduct that demonstrates a lack of Good Moral
			 Character;
(q) The certificate
			 holder engages in practice while his or her ability to practice is impaired by
			 alcohol, drug, physical disability or mental instability;
(r) The certificate holder obtains or uses
			 any drug in an unlawful manner;
(s)
			 The certificate holder engages in behavior that is likely to have an adverse
			 effect upon the health, safety or welfare of the public; or
(t) The certificate holder engages in conduct
			 that undermines public confidence in the integrity of the profession.