Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 125.000 - Licensing of Radiologic Technologists › Section 125.021 - Grounds for Denial, Modification, Limitation, Revocation or Refusal to Renew a License

Current through Register 1525, July 5, 2024
(A)
Specific Grounds
. The Department may issue an order
			 denying, modifying, limiting, revoking, or refusing to renew a license sought
			 or issued under
			 105 CMR 125.000 for any of
			 the following reasons:
(1) The applicant or
			 licensee failed to submit the information required for licensure under
			 105 CMR 125.000.
(2) The applicant failed to meet the
			 requirements for licensure as specified in M.G.L. c. 111, § 5L and/or
			 105 CMR 125.000.
(3) The applicant or licensee failed to pay
			 licensure and/or registration fees.
(4) The applicant or licensee engaged in the
			 practice of Radiologic Technology after the expiration of his or her radiologic
			 technology license or after such license has been suspended or
			 revoked.
(5) The applicant or
			 licensee obtained or attempted to obtain or maintain a license or board
			 certification by fraud, misrepresentation or by the submission of incorrect,
			 false or misleading information.
(6) The applicant or licensee engaged in
			 fraudulent or deceptive practice; or practice beyond the authorized scope of
			 the license or with gross incompetence, or with negligence on repeated
			 occasions.
(7) The applicant or
			 licensee failed to exercise reasonable care, judgment, knowledge, or ability in
			 the performance of duties or failed to perform those duties within the scope of
			 his or her training and certification or otherwise engaged in conduct which
			 calls into question the individual's competence to practice.
(8) The applicant or licensee knowingly
			 permitted, aided or abetted an unlicensed person to perform activities
			 requiring a license or failed to report such activities upon becoming aware of
			 them.
(9) The applicant or licensee
			 engaged in or aided in the falsification of radiologic screening/or diagnostic
			 results, including but not limited to, the reporting of such false results to
			 any patient.
(10) The applicant or
			 licensee engaged in conduct which endangers public health, safety or the
			 environment.
(11) The licensee
			 failed to comply with an order issued by the Department or failed to comply
			 with a consent agreement entered into with the Department.
(12) The applicant or licensee failed to
			 remedy or correct a cited violation by the date specified in a written notice
			 from the Department or by the date specified in the plan of correction accepted
			 or modified by the Department.
(13)
			 The applicant or licensee violated
			 105 CMR 125.000 and has a
			 history of non-compliance with the same or similar violation or has received a
			 warning letter from the Department within the last five years for the same or
			 similar violation.
(14) The
			 applicant or licensee has failed to pay civil penalties or criminal fines
			 levied in accordance with
			 105 CMR 125.000, or any
			 applicable licensure late fees.
(15) The applicant or licensee failed to
			 allow duly authorized agents of the Department to conduct inspections or
			 attempted to impede the work of duly authorized representatives of the
			 Department or the enforcement of any provisions of M.G.L. c. 111, § 5L or
			 105 CMR 125.000.
(16) The applicant or licensee has been
			 convicted of, pleaded guilty to, or has, in a judicial proceeding, admitted
			 facts sufficient for a finding that he or she is guilty of, any criminal
			 violation relating directly or indirectly to his or her fitness to be licensed
			 under
			 105 CMR 125.000, including,
			 but not limited to the following:
(a)
			 Medicare or Medicaid fraud;
(b) a
			 crime relating to the activities regulated under M.G.L. c. Ill, § 5L
			 and/or
			 105 CMR 125.000 and/or
			 127.000:
Licensing of Mammography Facilities;
(c) rape, assault or other violent crimes
			 against persons;
(d) a drug related
			 crime.
(17) The
			 applicant or licensee has been the subject of proceedings which resulted in the
			 suspension, limitation, modification, denial or revocation of his or her
			 license or refusal of renewal of his or her license.
(18) The applicant or licensee has been
			 disciplined in another jurisdiction in any way by the licensing authority for
			 acts or conduct relating directly or indirectly to his or her fitness to be
			 licensed as a Radiologic Technologist.
(19) The applicant or licensee has failed to
			 report to the Department, within the time period provided by law or regulation,
			 any legal or disciplinary action initiated against the licensee by another
			 licensing jurisdiction (United States or foreign), any health care institution,
			 any professional society or association or credentialing organization, any
			 government agency, any law enforcement agency, or any court for acts or conduct
			 substantially the same as acts or conduct which would constitute grounds for
			 suspension, denial, modification, limitation, revocation or refusal to renew a
			 license under 105 CMR 125.021 or
			 125.022,
			 or which would in any way relate directly or indirectly to his or her fitness
			 to be licensed as a radiologic technologist under
			 105 CMR 125.000.