Mass. Gen. Laws ch. 112 § 61

Current through Chapter 223 of the 2024 Legislative Session

Section 112:61 - Suspension, revocation or cancellation of certificate, registration, license or authority by boards; student loan defaulters; review

Except as otherwise provided by law the board of registration in medicine, each board of registration or examination in the department of public health in the executive office of health and human services and each board of registration or examination in the division of occupational licensure in the office of consumer affairs and business regulation, after a hearing, may, by a majority vote of the whole board, suspend, revoke or cancel any certificate, registration, license or authority issued by it, if it appears to said board that the holder of such certificate, registration, license or authority, is incapacitated by reason of mental illness, or is guilty of deceit, malpractice, gross misconduct in the practice of his profession, or of any offense against the laws of the commonwealth relating thereto. Any person whose certificate, registration, license or authority is suspended or revoked hereunder shall also be liable to such other punishment as may be provided by law. The said boards may make such rules and regulations as they deem proper for the filing of charges and the conduct of hearings.

A board of registration under the supervision of the division of occupational licensure may discipline the holder of a license, certificate, registration or authority issued pursuant to this chapter or chapters 141 and 142 if it is determined, after a consent agreement between the parties or after an opportunity for an adjudicatory proceeding conducted pursuant to chapter 30A, that such holder has:

(1) engaged in conduct which places into question the holder's competence to practice the profession including, but not limited to, gross misconduct; practicing the profession fraudulently; practicing his profession beyond the authorized scope of his license, certificate, registration or authority; practicing the profession with gross incompetence; or practicing the profession with negligence on 1 or more than 1 occasion;

(2) engaged in the practice of his profession while the ability to practice was impaired by alcohol or drugs;

(3) violated any law, rule or regulation of the board of registration governing the practice of the profession;

(4) been convicted of a criminal offense which is reasonably related to the practice of the profession;

(5) engaged in dishonesty, fraud or deceit which is reasonably related to the practice of the profession;

(6) knowingly permitted, aided or abetted an unauthorized person in performing activities requiring a license, certificate, registration or authority; or

(7) had a license, certificate, registration or authority issued by another state or territory of the United States, the District of Columbia, or a foreign state or nation with authority to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in the commonwealth.

Notwithstanding any general or special law to the contrary, a board of registration under the supervision of the division of occupational licensure, may by a majority vote and after a consent agreement between the parties or after an opportunity for an adjudicatory proceeding conducted pursuant to chapter 30A, upon determination made that the holder of a license, certificate, registration or authority issued by any such board of registration is subject to discipline based on any provision enumerated in this section, undertake 1 or more of the following actions:-

(1) suspend, revoke, cancel, decline to renew, or place on probation such license, certificate, registration or authority;

(2) reprimand or censure a holder;

(3) assess upon the holder a civil administrative penalty, as determined by the board, not to exceed $100 for a first violation; $500 for a second violation; $1,500 for a third violation; or $2,500 for a fourth or subsequent violation;

(4) require the holder to complete additional education and training as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority;

(5) require the holder to practice under appropriate supervision for a period of time as determined by the board as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority;

(6) require the holder to participate in an alcohol or drug rehabilitation program as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority.

Nothing in this section shall be deemed a limitation on a board's authority to impose such reasonable sanctions as it deems appropriate by the board after a hearing or by a consent agreement. A person sanctioned under this section shall be subject to such other sanctions or punishment provided by law. The boards shall promulgate such rules and regulations not inconsistent with chapter 30A as necessary for the filing of charges and the conduct of proceedings.

Each such board of registration or examination, upon receiving a written list of names of educational loan defaulters from the Massachusetts Education Financing Authority established pursuant to section four of chapter fifteen C or the Massachusetts Higher Education Assistance Corporation created under chapter two hundred and ninety-eight of the acts of nineteen hundred and fifty-six, shall suspend, revoke or cancel a professional or occupational certificate, registration, license, or authority issued by it if the holder is so listed as being in default on an educational loan made under any of the programs administered by such authority or corporation, hereinafter referred to in this paragraph as the loan agency. Any such holder whose certificate, registration, license or authority is suspended, revoked or cancelled pursuant to this paragraph because of such holder's default on an educational loan shall be informed by the applicable board of registration of the availability of the review procedure provided by this paragraph. Within thirty days of the receipt of notice of such suspension, revocation or cancellation, the holder may request the loan agency which notified the board of registration of the default to conduct a review of the applicant's alleged loan default. Upon receipt of a request for review, the loan agency shall notify the board of registration that the applicant has requested a review, whereupon the board of registration shall provisionally cancel the suspension, revocation or cancellation of the certificate, registration, license or authority until the board of registration is notified by said loan agency of the disposition of the review. Such review shall include a determination that said loan agency has complied with all federal requirements applicable to student loan defaulters, and any further requirements specified by the director of consumer affairs and business regulation. If the loan agency which conducts the review determines that the notice of default was in error, or enters into an arrangement for repayment or enters into any other arrangement with the applicant, the loan agency shall promptly notify the applicable board of registration and such board shall reinstate or renew the certificate, registration, license or authority of the holder, provided the holder meets all other requirements therefor. If the loan agency determines that the notice of default was warranted, the loan agency shall notify the applicable board of registration to suspend, revoke or cancel said certificate, registration, license or authority. The director of consumer affairs and business regulation is hereby authorized to promulgate regulations pursuant to sections one to eight, inclusive, of chapter thirty A to enforce the provisions of this paragraph.

Each such board, if it appears after a hearing that a statement in an application to it for certification, registration, licensure or authority, which is required to be under oath or affirmation or to contain or be verified by a written declaration that it is made under penalties of perjury, is false and known to the applicant to be false, shall refuse to grant or issue or shall revoke or cancel such certificate, registration, license or authority. The provisions of this paragraph shall not affect, but shall be in addition to, any other penalty provided by law.

Except as otherwise provided in this chapter, no such board shall make any rule or regulation prohibiting the advertising or dissemination of truthful information concerning the price, nature and availability of goods and services to consumers, the effect of which would restrain trade or lessen competition.

Mass. Gen. Laws ch. 112, § 61

Amended by Acts 2021, c. 39,§ 51, eff. 8/5/2021.

Amended by Acts 2004, c. 450,§ 2, eff. 3/30/2005.

Amended by Acts 2002, c. 184, § 94, eff. 1/1/2003.