Grounds for Board Action

(1) The Board may take action against the certificate of a certificate holder based on one or more of the following grounds: (a) The certificate holder fails to comply with any provision of M.G.L. c. 112, §§ 260 and 262; (b) The certificate holder fails to comply with any provision of 272 CMR, or any rule, advisory ruling or policy adopted by the Board; (Mass. Register #1377 11/2/18) (c) The certificate holder fails to comply with any order of the Board; (d) The certificate holder fails to comply with the terms of any Consent Agreement entered into with the Board; (e) The certificate holder engages in conduct prohibited by the Code of Conduct set forth at 272 CMR 8.09; (f) The certificate holder engages in conduct outside the certificate holder’s scope of practice, except as may be otherwise authorized by law or licensing authority; (g) The certificate holder continues to practice as a Certified Community Health Worker after the expiration, revocation, suspension, surrender or retirement of his or her certificate, or after the certificate holder has entered into a consent agreement in which he or she agreed to refrain from engaging in practice; (h) The certificate holder knowingly permits, aids or abets a person who is not a certificate holder to perform activities that requires a certificate issued by the Board; (i) The certificate holder fraudulently procures a certificate or its renewal; (j) In connection with any examination related to certification, the certificate holder: 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. (k) The certificate holder knowingly provides false information to the Board, either directly or through another person acting on the certificate holder’s behalf; (l) The certificate holder fails, without cause, to appear before the Board when so requested as part of the Board’s review of a matter concerning the certificate holder, including but not limited to an investigation, complaint or application; (m) The certificate holder fails, without cause, to provide a written response to a pending investigation or complaint or to provide documents or other evidence in the certificate holder’s possession or control that may be relevant to the allegations, in accordance with 272 CMR 9.02(2) and 9.06(2); (n) Another government licensing or authorizing agency, within or outside the Commonwealth, imposes discipline against any professional certificate, registration, license or authorization held by the certificate holder for reasons that are substantially the same as grounds for Board action in 272 CMR 9.03; (o) The certificate holder has been convicted of a crime; (p) The certificate holder engages in conduct that demonstrates a lack of Good Moral Character; (q) The certificate holder engages in practice while his or her ability to practice is impaired by alcohol, drug, physical disability or mental instability; (r) The certificate holder obtains or uses any drug in an unlawful manner; (s) The certificate holder engages in behavior that is likely to have an adverse effect upon the health, safety or welfare of the public; or (t) The certificate holder engages in conduct that undermines public confidence in the integrity of the profession. (2) Nothing in 272 CMR 9.03 shall limit the Board’s adoption of additional grounds for discipline through adjudication and rulemaking.