258 CMR, § 30.03

Current through Register 1533, October 25, 2024
Section 30.03 - Disposition of Complaints
(1)Grounds for Disciplinary Action
(a) The Board may, by majority vote after a hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00 et. seq., take disciplinary action against any social worker who holds a license issued pursuant to M.G.L. c. 112, §§ 130 through 137 and 258 CMR 9.00. Grounds for such disciplinary action shall include, but shall not be limited to:
1. Engaging in unprofessional conduct, including but not limited to any conduct which constitutes a violation of 258 CMR 20.01 through 258 CMR 20.14;
2. Violating any provision of any state or federal law or regulation which governs or pertains to the practice of social work;
3. Engaging in gross misconduct in the practice of his or her profession as a social worker;
4. Engaging in practice which is fraudulent or beyond the authorized scope of practice for the level of social work licensure held;
5. Practicing with gross incompetence or gross negligence on a particular occasion;
6. Practicing with negligence on more than one occasion;
7. Practicing while his or her ability to practice is impaired by alcohol, drugs, physical disability or mental illness;
8. Knowingly permitting, or aiding or abetting, an unlicensed person to perform social work activities which require a license;
9. Having been convicted of any criminal offense which reasonably calls into question his or her fitness or ability to practice as a social worker; or
10. Having his or her license, certificate, or registration to practice social work revoked, cancelled, suspended, or otherwise disciplined by any governmental agency in any other state, province, territory or other political subdivision of the United States or Canada which is responsible for the registration, certification or licensure of social workers, if the basis for that disciplinary action would constitute a basis for disciplinary action in Massachusetts.
(b) For purposes of 258 CMR 30.03(1)(a)10., the term "disciplinary action" shall include, but shall not be limited to, any one or more of the following sanctions:
1. Denial of a license, registration or certification to practice social work;
2. Revocation, suspension, or refusal to renew a license, registration or certification to practice social work;
3. Placement of a license, registration or certification to practice social work on probation;
4. Issuance of a letter of censure; or
5. Issuance of a formal written reprimand.
(2)Procedure in Formal Disciplinary Proceedings - All formal adjudicatory proceedings shall be conducted in accordance with 801 CMR 1.00 (Standard Adjudicatory Rules of Practice and Procedure) promulgated by the Secretary of Administration and Finance pursuant to St. 1978 c. 60, § 1.
(3)Sanctions - If the Board, by majority vote and after a hearing conducted in accordance with G.L. c. 30A and 801 CMR 1.00 et.seq., finds that a social worker who holds a license issued by the Board, or an applicant for such a license, has engaged in any conduct which warrants disciplinary action, as set forth in 258 CMR 30.03(1), the Board may impose any one or more of the following sanctions:
(a) Deny the respondent a license to practice social work;
(b) Revoke, suspend, cancel or refuse to renew that respondent's license to practice social work;
(c) Place the respondent's license to practice social work on probation;
(d) Issue a letter of censure to the respondent;
(e) Issue a formal written reprimand to the respondent;
(f) Require the respondent to complete such additional education or training as the Board deems necessary as a condition for issuance, retention, future consideration, or reinstatement of his or her license to practice social work;
(g) Require the respondent to practice under such supervision as the Board deems necessary, for a period of time as determined by the Board, as a condition for issuance, retention, future consideration or reinstatement of his or her license to practice social work;
(h) Require the respondent to participate in an alcohol or drug rehabilitation program, and/or undergo drug testing, as a condition for issuance, retention, future consideration or reinstatement of his or her license to practice social work; or
(i) Require the respondent to comply with such other conditions as are deemed reasonable and necessary by the Board to protect the health, safety and welfare of the general public and/or ensure that the respondent will practice social work in accordance with generally accepted standards of professional practice.
(4)Disposition of Complaints Without Formal Adjudicatory Proceedings - Pursuant to its authority under G.L. c. 30A, s. 10, the Board may make a final disposition of any complaint filed with the Board against any social worker who holds a license issued by the Board, or any applicant for such a license, by means of stipulation, consent agreement or other settlement agreement. Such disposition may include, but shall not necessarily be limited to, any one or more of the sanctions provided for in 258 CMR 30.03(3).
(5)Issuance of Advisory Letters - If the Board, after investigation and consideration of a particular complaint, determines that the facts and circumstances of the matter do not warrant the imposition of one or more of the disciplinary sanctions set forth in 258 CMR 30.03(3), the Board, in its discretion, may nevertheless issue an advisory letter to the respondent containing recommendations for improvements in the respondent's professional practice or conduct.

258 CMR, § 30.03