Code of Massachusetts Regulations › 261 CMR - BOARD OF RESPIRATORY CARE › Title 261 CMR 4.00 - Disciplinary proceedings › Section 4.03 - 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, §§ 23R through 23BB;
(b) The licensee fails to comply with any provision of 261 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 an Order of 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;
(f) The licensee engages in conduct prohibited by the Standards for Conduct set forth at 261 CMR 3.10:
Professional Standards of Conduct For Respiratory Therapists
;
(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 license, 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 261 CMR 4.02(2)  and 4.06(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 261 CMR 4.03;
(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.