Current through Register 1538, January 3, 2025
Section 3.06 - Grounds for Imposition of Disciplinary Sanctions(1)Grounds for Imposition of Disciplinary Sanctions. (a) Any violation of or failure to comply with any of the laws or regulations of the Commonwealth relating to the practice of plumbing or gas fitting including, but not limited to: 2. M.G.L. c. 112, §§ 61 through 65A; and3. Any violation of 248 CMR 3.00 through 11.00, which is considered unprofessional and improper conduct.(b) A Licensee is convicted of or admits to sufficient facts or pleads nolo contendre to a crime in any jurisdiction, whether felony or misdemeanor, in the Commonwealth or outside of the Commonwealth, regardless of adjudication or sentence, that relates to the practice of plumbing or gas fitting.(c) No person shall aid or abet any plumber or gas fitter to violate the provisions of M.G.L. c. 142, M.G.L. c. 112, §§ 61 through 65A or 248 CMR 3.00 through 11.00.(d) No person shall employ an unlicensed person or employ any unlicensed person in the performance of any work that requires a license by M.G.L. c. 142 or 248 CMR 3.00 through 11.00.(2)Deceptive Advertising. The following advertising practices are considered fraudulent, false, deceptive or misleading and are prohibited: (a) advertising that contains a misrepresentation of facts or false statements regarding the Licensee's professional achievements, degrees, trained skills, and qualifications;(b) advertising that makes only a partial disclosure of relevant facts, such as advertising a discounted price without identifying the specific discounted product or service or without specifying the usual price for the discounted product or services;(c) advertising that contains a representation that a continuing education or training program is approved by the Board, if the content of the program departs from the content approved by the Board or is not in fact approved;(d) advertising that contains any representation, statement or claim that the Board determines is misleading or deceptive to the public; or(e) any sign, listing or advertisement authorized by the Licensee which does not contain his or her designation and license number.(3)Ethical Standards and Professional Conduct. Requirement to respond to the Board: (a) A Licensee shall respond within ten days to a written communication from the Board or its designee and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about the Licensee. The ten-day period commences on the date the Board sends the communication to the Licensee's last known address. This deadline may be extended by the Board or its designee with good cause.(b) A Licensee shall cooperate with any reasonable request from the Division of Professional Licensure's agent or employee acting on behalf of the Board while investigating a complaint or allegation regarding the Licensee.(c) A Licensee shall not provide any services beyond the scope of their Board issued license(s).(d) Each Licensee shall fully inform persons served of the nature, possible effects, and limitations of services rendered or to be rendered.(e) A Licensee shall not charge for services not rendered.(f) Unless required by law, a Licensee shall not reveal to any unauthorized person any confidential information obtained from the client that the Licensee serves professionally without the client's permission.(g) Each Licensee shall take all reasonable precautions to avoid injuring persons and property in the delivery of professional services.(h) Each Licensee shall not discriminate on the basis of race, religion, gender, sexual orientation, age, or against any other class defined by law.(i) Licensees shall maintain objectivity in all matters concerning the welfare of persons served professionally.Amended by Mass Register Issue 1331, eff. 1/27/2017.Amended by Mass Register Issue 1442, eff. 4/30/2021.