Code of Massachusetts Regulations › 234 CMR - BOARD OF REGISTRATION IN DENTISTRY › Title 234 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 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, §§ 43 through 53, or any
			 provision of M.G.L. c. 94C;
(b) The
			 licensee fails to comply with any provision of 234 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 a plan for corrective action required by any order of the
			 Board, or any Consent Agreement entered into with the Board;
(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
			 ofInterchangeable 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 fails to provide services
			 and maintain the dental office in compliance with the CDC Guidelines and OSHA
			 Standards;
(i) The licensee fails
			 to comply with established ethical standards of the profession orspecialty
			 including, but not limited to, the standards identified at
			 234 CMR
			 5.19:
Principles of Ethics and Code
			 of Professional Conduct;
(j) The licensee engages in conduct that
			 violates recognized standards of care;
(k) The licensee engages in conduct outside
			 the licensee's scope of practice, except as may be otherwise authorized by law
			 or licensing authority;
(l) 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;
(m) The
			 licensee knowingly permits, aids or abets an unlicensed person to perform
			 activities that requires a license issued by the Board;
(n) The licensee fraudulently procures a
			 license or its renewal;
(o) 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.
(p) The licensee knowingly provides false
			 information to the Board, either directly or through another person acting on
			 the licensee's behalf;
(q) 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;
(r) 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 9.02(2) and
			 9.06(2);
(s) Another government
			 licensing or authorizing agency, within or outside the Commonwealth, imposes
			 discipline against any professional certificate, registration, permit, license
			 or authorization held by the licensee for reasons substantially the same as
			 grounds for Board action in 234 CMR 9.03;
(t) The licensee has been convicted of a
			 crime;
(u) The licensee engages in
			 conduct that demonstrates a lack of good moral character;
(v) The licensee fails to maintain
			 professional dentist, dental hygienist, or dental assistant patient
			 boundaries;
(w) The licensee
			 engages in conduct with a patient which is sexual or may be reasonably
			 interpreted by the patient as sexual or engaging in behavior, gestures, or
			 expressions, verbal or nonverbal, which are seductive, suggestive or sexually
			 demeaning to a patient;
(x) The
			 licensee engages in practice while his or her ability to practice is impaired
			 by alcohol, drug, physical disability or mental instability;
(y) The licensee obtains or uses any drug in
			 an unlawful manner;
(z) The
			 licensee engages in behavior that is likely to have an adverse effect upon the
			 health, safety or welfare of the public;
(aa) The licensee engages in conduct that
			 undermines public confidence in the integrity of the profession;
(bb) The licensee falsifies, alters or
			 willfully makes incorrect entries or failed to make essential entries in
			 patient records;
(cc) The licensee
			 issues a prescription for medication(s) or prosthesis including, but not
			 limited to, internet or other electronic process, without a medical history,
			 without conducting an appropriate dental examination or without recording a
			 corresponding diagnosis and treatment plan;
(dd) The licensee charges a patient or third
			 party payor for a service not performed;
(ee) The licensee fails, without just cause,
			 to refund a prepayment for treatment and services not completed or not
			 performed;
(ff) The licensee
			 offers, gives or receives commissions, rebates or other forms of remuneration
			 for the referral of patients;
(gg)
			 The licensee fails to file any report required pursuant to M.G.L. c. 19A, 19C,
			 or 119, §51A;
(hh) The
			 licensee fails to accurately report to the Board in writing, within 30 days,
			 any disciplinary action, as defined by
			 234 CMR 9.00, taken against
			 the licensee by an entity or its agent, including but not limited to, a
			 governmental authority, a health care facility, an employer, a dental insurance
			 company, or a professional dental or medical society (international, national,
			 state or local);
(ii) The licensee
			 fails to accurately report to the Board, in writing, within 30 calendar days,
			 any final action taken regarding one's license to practice dentistry, dental
			 hygiene, dental assisting or other health care related professional license by
			 any other governmental authority in this state or another
			 jurisdiction;
(jj) The licensee
			 fails to accurately report to the Board, in writing, within 30 calendar days
			 any criminal charge or conviction as defined in
			 234 CMR 2.03:
Definitions
in Massachusetts or any other
			 jurisdiction.