Grounds for Board Action

(1) The Board may take action against the license of a licensee based on one or more of the following grounds: (a) The licensee fails to comply with any provision of M.G.L. c. 112, §§ 43 through 53, or any provision of M.G.L. c. 94C; (b) The licensee fails to comply with any provision of 234 CMR, or any rule, advisory ruling or policy adopted by the Board; (c) The licensee fails to comply with any order of the Board; (MA REG. # 1363, Dated 4-20-18) (d) The licensee fails to comply with the terms of any Consent Agreement entered into with the Board; (e) The licensee fails to comply with a plan for corrective action required by any order of the Board, or any Consent Agreement entered into with the Board; (f) The licensee fails to comply with an Order of the Commissioner of the Department of Public Health pursuant to a Declaration of Emergency Detrimental to Public Health made in accordance with M.G.L. c. 17, § 2A or pursuant to such other authority as may be vested in the Commissioner; (g) The licensee fails to comply with any provision of 105 CMR 700.000: Implementation of M.G.L. c. 94C, 720.000: List of Interchangeable Drug Products, 721.000: Standards for Prescription Format and Security in Massachusetts, 722.000: Dispensing Procedures for Pharmacists or 724.000: Implementation of M.G.L. c. 94D; The Controlled Substances Therapeutic Research Act, or any rule, advisory ruling or policy adopted by the Department of Public Health, Drug Control Program; (h) The licensee fails to provide services and maintain the dental office in compliance with the CDC Guidelines and OSHA Standards; (i) The licensee fails to comply with established ethical standards of the profession or specialty including, but not limited to, the standards identified at 234 CMR 5.19: Principles of Ethics and Code of Professional Conduct; (j) The licensee engages in conduct that violates recognized standards of care; (k) The licensee engages in conduct outside the licensee's scope of practice, except as may be otherwise authorized by law or licensing authority; (l) The licensee continues to practice after the expiration, revocation, suspension, surrender or retirement of his or her license, or after the licensee has entered into a consent agreement in which he or she agreed to refrain from engaging in practice; (m) The licensee knowingly permits, aids or abets an unlicensed person to perform activities that requires a license issued by the Board; (n) The licensee fraudulently procures a license or its renewal; (o) In connection with any examination related to licensure, the licensee 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. (p) The licensee knowingly provides false information to the Board, either directly or through another person acting on the licensee's behalf; (q) The licensee fails, without cause, to appear before the Board when so requested as part of the Board's review of a matter concerning the licensee, including but not limited to an investigation, complaint or application; (r) The licensee fails, without cause, to provide a written response to a pending investigation or complaint or to provide documents or other evidence in the licensee's possession or control that may be relevant to the allegations, in accordance with 9.02(2) and 9.06(2); (s) Another government licensing or authorizing agency, within or outside the Commonwealth, imposes discipline against any professional certificate, registration, permit, license or authorization held by the licensee for reasons substantially the same as grounds for Board action in 234 CMR 9.03; (t) The licensee has been convicted of a crime; (u) The licensee engages in conduct that demonstrates a lack of good moral character; (v) The licensee fails to maintain professional dentist, dental hygienist, or dental assistant patient boundaries; (w) The licensee engages in conduct with a patient which is sexual or may be reasonably interpreted by the patient as sexual or engaging in behavior, gestures, or expressions, verbal or nonverbal, which are seductive, suggestive or sexually demeaning to a patient; (x) The licensee engages in practice while his or her ability to practice is impaired by alcohol, drug, physical disability or mental instability; (y) The licensee obtains or uses any drug in an unlawful manner; (z) The licensee engages in behavior that is likely to have an adverse effect upon the health, safety or welfare of the public; (aa) The licensee engages in conduct that undermines public confidence in the integrity of the profession; (bb) The licensee falsifies, alters or willfully makes incorrect entries or failed to make essential entries in patient records; (cc) The licensee issues a prescription for medication(s) or prosthesis including, but not limited to, internet or other electronic process, without a medical history, without conducting an appropriate dental examination or without recording a corresponding diagnosis and treatment plan; (dd) The licensee charges a patient or third party payor for a service not performed; (ee) The licensee fails, without just cause, to refund a prepayment for treatment and services not completed or not performed; (ff) The licensee offers, gives or receives commissions, rebates or other forms of remuneration for the referral of patients; (gg) The licensee fails to file any report required pursuant to M.G.L. c. 19A, 19C, or 119, § 51A; (hh) The licensee fails to accurately report to the Board in writing, within 30 days, any disciplinary action, as defined by 234 CMR 9.00, taken against the licensee by an entity or its agent, including but not limited to, a governmental authority, a health care facility, an employer, a dental insurance company, or a professional dental or medical society (international, national, state or local); (ii) The licensee fails to accurately report to the Board, in writing, within 30 calendar days, any final action taken regarding one's license to practice dentistry, dental hygiene, dental assisting or other health care related professional license by any other governmental authority in this state or another jurisdiction; (jj) The licensee fails to accurately report to the Board, in writing, within 30 calendar days any criminal charge or conviction as defined in 234 CMR 2.03: Definitions in Massachusetts or any other jurisdiction. (2) Nothing in 234 CMR 9.03 shall limit the Board's adoption of additional grounds for discipline through adjudication and rulemaking.