Grounds for Denial, Modification, Limitation, Revocation or Refusal to Renew a License

(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 their 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 their 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 their 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. 111, § 5L and § 5Q 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 their license or refusal of renewal of their 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 their 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 their fitness to be licensed as a radiologic technologist under 105 CMR 125.000.