Discipline

(1) Actions on Complaints The Department may take the following actions on complaints against a certified medication aide: (a) Dismissal of the complaint. Dismissal of a complaint does not constitute formal disciplinary action. (b) Advisory Letter. An official written document retained in the Department's files delineating the Department's concerns with the certified medication aide's professional activities. An advisory letter does not constitute formal disciplinary action. (c) Reprimand or Censure. A reprimand constitutes formal disciplinary action. A censure is a severe reprimand. (d) Probation. Probation constitutes disciplinaryaction against thecertified medication aide and consists of a period of time during which the certified medication aide may conduct activities which require certification only under conditions imposed by the Department pursuant to an order or consent agreement. (e) Suspension/Revocation of Certification. The Department may suspend or revoke a certification pursuant to a final decision and order of the Department following a formal adjudicatory hearing or the execution of a consent agreement. (f) Surrender. A certified medication aide may voluntarily surrender their certification pursuant to a consent agreement. A consent agreement for voluntary surrender constitutes disciplinary action. (2) Disciplinary Proceedings (a) If the Department commences disciplinary action against a certified medication aide, or refuses to issue or renew a certification, the affected person shall be notified in writing of the reasons for the Department's action and of their right to an adjudicatory proceeding. (b) Where denial, refusal to issue, or refusal to renew is based solely on the failure of the licensee to file timely an application, pay prescribed fees, or maintain certification as a CNA, the Department may act without first granting the applicant or certified medication aide a hearing. (c) Unless otherwise provided, the certified medication aide must submit a written request for a hearing within 21 days of receipt of notification of Department action. Failure to timely submit such request will result in waiver of a hearing. The Department may, in its discretion, require a written request for a hearing within five business days in the event the certified medication aide's conduct presents an immediate and serious threat to public health, safety, or welfare (d) After hearing or waiver thereof, the Department may modify, suspend, revoke, or refuse to renew a certification. (e) If the Department requires a suspension of a certification, the Department must indicate the term of the suspension. (f) If the Department requires a revocation or refusal to renew a certification, the Department shall indicate whether or not the certified medication aide may, at a future date, reapply for certification. (g) All adjudicatory proceedings will be conducted in accordance with M.G.L. c. 30A and 801 CMR 1.01: Formal Rules.