Code of Massachusetts Regulations › 263 CMR - BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS › Title 263 CMR 6.00 - INVESTIGATIONS, COMPLAINTS AND BOARD ACTIONS › Section 6.03 - 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, §§ 74 through 81C, or any
			 provision of M.G.L. c. 94C;
(b) The
			 licensee fails to comply with any provision of 263 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
			 263 CMR
			 5.09:
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 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;
(j) 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;
(k) The licensee
			 knowingly permits, aids or abets an unlicensed person to perform activities
			 that constitute the practice of a physician assistant;
(l) The licensee fraudulently procures a
			 license 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
			 263
			 CMR 6.02(2)  and
			 6.06(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 263 CMR 6.03;
(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 any substance,
			 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.