Section 5.03 - Grounds for Disciplinary ActionThe Board may impose discipline on a licensee if it is determined, after a consent agreement between the parties or an opportunity for an adjudicatory proceeding in accordance with M.G.L. c. 30A and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure that such licensee has:
(a) Engaged in conduct which constitutes willful or negligent failure to comply with substantial provisions of federal, state, or local laws, rules or regulations governing the practice of Podiatric Medicine;(b) Been convicted of a crime involving moral turpitude;(c) Practiced while under the influence of alcoholic beverages or narcotic drugs;(d) Engaged in unprofessional conduct;(e) Engaged in conduct in the practice of Podiatric Medicine which evidences moral unfitness to practice the profession;(f) Engaged in deceit, malpractice and/or gross misconduct in the practice of podiatry;(g) Engaged in any act or acts constituting gross incompetence in the practice of podiatry. (h) Failed to report to the Board in writing any of the following within 30 days of the finalization of action: 1. Disciplinary action by a state licensing board in another jurisdiction;2. The denial, suspension, or revocation of staff privileges, employment, or appointment in a hospital or other health care institution;3. Resignation from a medical staff in lieu of disciplinary action;4. Disciplinary action taken by any governmental authority, health care facility, and/or professional medical association;5. Having been a criminal defendant in any criminal proceeding other than minor traffic offenses;6. Findings being made against the licensee in connection with a medical malpractice proceeding or settlement in a medical malpractice proceeding; and7. Suspension, revocation, restriction of, or surrender of a privilege to possess, dispense, or prescribe controlled substances. (i) Exercised undue influence on the patient by methods including the promotion of the sale of services, goods, appliances, or drugs in such manner as to exploit the patient for the financial gain of the practitioner or a third party.(j) Directly or indirectly offered, given, solicited, received, or agreed to receive any fee or other consideration to or from a podiatrist or other licensed health care professional or any laboratory or other medical service of any kind for the referral of a patient in connection with the performance of podiatric services. Nothing in 249 CMR 5.00 shall prohibit a podiatrist from: 1. negotiating with or participating in a health maintenance organization, preferred provider organization or other health care delivery system, or in an agency established to provide patients with referrals for podiatric and other medical services; or2. from receiving a fee for any such participation.(k) Willfully filed inaccurate or untrue statements on the licensee's registration renewal questionnaire or willfully made or filed a false report, or failed to file a report required by law.(l) Practiced or offered to practice beyond the scope permitted by law, or accepted and performed professional responsibilities which the podiatrist knows or has reason to know that he or she is not competent to perform.(m) Delegated podiatric medical responsibilities to a person when the podiatrist delegating such responsibilities knows or has reason to know that such person is not qualified by training, by experience, or by licensure to perform them.(n) Engaged in conduct subjecting licensee to discipline under M.G.L. c. 112, § 61, or §§ 65 through 65E; or(o) Engaged in Gross Misconduct or Deceit as defined in 249 CMR 5.04.Amended by Mass Register Issue 1330, eff. 1/13/2017.