247 CMR, § 10.06

Current through Register 1533, October 25, 2024
Section 10.06 - Disciplinary Action

Actions which may be taken by the Board are:

(1)Dismissal of the complaint.
(2)Advisory Letter. An official written document retained in the Board's files delineating the Board's concerns with the registrant's or licensee's professional practice. An advisory letter does not constitute formal disciplinary action.
(3)Reprimand or Censure of the Registrant or Licensee. A reprimand constitutes formal disciplinary action. A censure is a severe reprimand.
(4)Probation. Probation constitutes disciplinary action against the registrant or licensee and consists of a period of time during which the registrant or licensee may practice under conditions imposed by the Board pursuant to a formal adjudicatory hearing or consent agreement.
(5)Suspension/Revocation of Personal Registration, Pharmacy Permit, License or Controlled Substances Registration. Suspension or revocation of a personal registration, pharmacy permit, license or controlled substance registration may be imposed pursuant to a decision and order of the Board following a formal adjudicatory hearing or following the execution of a consent agreement.
(6)Consent Agreement. A resolution of a complaint agreed upon by the Board and the registrant or licensee which may contain conditions placed by the Board on the registrant's or licensee's professional conduct and practice and which may include the voluntary suspension or surrender of a personal registration, pharmacy permit, license or controlled substance registration. The voluntary surrender of a personal registration, pharmacy permit, license, or controlled substance registration, may be permanent or for a fixed period of time. The voluntary surrender agreement shall:
(a) be in writing and be signed by the registrant or the licensee and the Board;
(b) recite the facts upon which the agreement is based and shall include, but not be limited to provisions addressing reinstatement and any conditions the Board may elect to impose;
(c) state that the registrant or licensee realizes that the voluntary surrender of his or her personal registration, pharmacy permit, license or controlled substance registration, is an act which deprives him or her of all privileges of registration and is not subject to judicial review; and
(d) be placed in the registrant's or licensee's Board file as part of the registrant's or licensee's permanent Board records.
(7)Disciplinary Action Against a Massachusetts Registrant or Licensee Taken in Another State. Disciplinary action taken against a Massachusetts registrant or licensee by another state or jurisdiction in which that person is also registered or licensed may be the basis for initiation by the Board of disciplinary action against the Massachusetts registrant or licensee provided that the conduct disciplined in another state or jurisdiction constitutes a violation of Massachusetts law.
(8)Summary Cease and Desist Notice. A summary cease and desist notice may be imposed by the Board or Board President prior to hearing in order to stop or restrict operations by a registrant or licensee to immediately protect the public health, safety or welfare. The Board or Board President may rescind or amend a summary cease and desist notice.
(9)Summary Quarantine Notice. A summary quarantine notice may be imposed by the Board or Board President prior to hearing in order to prevent the use of medications prepared by or in possession of a registrant or licensee to immediately protect the public health, safety or welfare. The Board or Board President may rescind or amend a summary quarantine notice.

247 CMR, § 10.06