105 CMR 155.012
Penalty for Patient or Resident Abuse, Neglect, Mistreatment or Misappropriation of Patient
or Resident Property
(A) If the Department finds after investigation that a registered or licensed professional, as
defined in 105 CMR 155.003, is responsible for patient or resident abuse, neglect, mistreatment
or misappropriation of patient or resident property, the Department shall notify the appropriate
registration board of that finding. Such registered or licensed professionals may be subject to
disciplinary actions by their applicable registration or licensing board.
155.012: continued
(B) If the Department finds after investigation that any entity or individual is responsible for
patient or resident abuse, neglect, mistreatment or misappropriation of patient or resident
property, the Department shall notifythe AttorneyGeneral of that finding. The Attorney General
may recover a civil penalty of not more than $2,500 if a person abuses, neglects or mistreats a
patient or resident or misappropriates patient or resident property. Any action brought by the
Attorney General pursuant to 105 CMR 155.012 shall be exempt from the provisions of
M.G.L. c. 231, § 60B. The provisions of 105 CMR 155.012 shall not exclude any actions
brought by the Attorney General or a private party pursuant to M.G.L. c. 93A, nor limit any
recovery thereunder, or to any action by the Department pursuant to 105 CMR 155.000.