Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.03 - Grounds for Board Action

Current through Register 1525, July 5, 2024
(1) The Board may
			 take action against the license or APRN authorization, or both, 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, §§ 74 through 81C, or any provision of
			 M.G.L. c. 94C;
(b) The licensee
			 fails to comply with any provision of 244 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
			 244 CMR
			 9.03:
Standards of Conduct for
			 Nurses
and
			 244 CMR
			 9.04:
Standards of Conduct for
			 Advanced Practice Nurses (APNs)
;
(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
			 fails to comply with any provision of
			 105 CMR 700.000:
Implementation of M.G.L. c. 94C
, 720.000:
List of
			 Interchangeable Drug Products
, 721.000:
Standards for
			 Prescription Format and Security in Massachusetts
, 722.000:
Dispensing Procedures for Pharmacists
or 724.000:
Implementation of M.G.L. c. 94D; The Controlled Substances Therapeutic
			 Research Act
, or any rule, advisory ruling or policy adopted by the
			 Department of Public Health, Drug Control Program;
(h) The licensee engages in conduct outside
			 the licensee's scope of practice, except as may be otherwise authorized by law
			 or licensing authority;
(i) The
			 licensee engages in conduct that violates recognized standards of
			 care;
(j) The licensee continues to
			 practice after the expiration, revocation, suspension, surrender or retirement
			 of his or her license, or APRN authorization, or after the licensee has entered
			 into a consent agreement in which he or she agreed to refrain from engaging in
			 practice;
(k) The licensee
			 knowingly permits, aids or abets an unlicensed person to perform activities
			 that requires a license, or APRN authorization, issued by the Board;
(l) The licensee fraudulently procures a
			 license, or APRN authorization, or its renewal;
(m) 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;
(n) The licensee knowingly provides false
			 information to the Board, either directly or through another person acting on
			 the licensee's behalf;
(o) 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;
(p) 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
			 244 CMR 7.02(2)
			  and 7.06(2);
(q) 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 244 CMR 7.03(1)(q);
(r)
			 The licensee falsifies, alters or willfully makes incorrect entries or failed
			 to make essential entries in patient records;
(s) The licensee has been convicted of a
			 crime;
(t) The licensee engages in
			 conduct that demonstrates a lack of good moral character;
(u) The licensee engages in practice while
			 his or her ability to practice is impaired by alcohol, drugs, physical
			 disability or mental instability;
(v) The licensee obtains or uses any drug in
			 an unlawful manner;
(w) The
			 licensee engages in behavior that is likely to have an adverse effect upon the
			 health, safety or welfare of the public; or
(x) The licensee engages in conduct that
			 undermines public confidence in the integrity of the profession.