Section 2.02 - Good Moral Character Requirement(1) An application for registration as a Speech-language Pathologist, Audiologist, Speech-language Pathology Assistant, or Audiology Assistant, whether by examination pursuant to 260 CMR 2.03 or by reciprocity pursuant to 260 CMR 2.04, shall be accompanied by such written documentation as the Board may reasonably require in order to determine whether the applicant is of good moral character.(2) If the Board receives information about an applicant for registration which reasonably raises a question about whether that applicant is of good moral character, the Board shall conduct a further inquiry into the relevant facts and circumstances before making a final decision on the application.(a) If the Board determines, in its discretion, that such steps are reasonably necessary, the Board may require the applicant to appear personally before the Board, and/or furnish additional written information to the extent permitted by applicable state or federal law.(b) The burden of demonstrating that the applicant possesses the good moral character required for registration shall rest with the applicant.(3) Conduct which reasonably raises a question about whether an applicant possesses the good moral character required for registration includes, but is not necessarily limited to, any of the following:(a) Conviction of any criminal offense, other than a routine traffic violation;(b) Disciplinary action taken against any professional license, registration or certification held by the applicant, or denial of licensure, by the applicable governmental authority of any state, territory or political subdivision of the United States or Canada; or(c) Conduct which is not within the meaning of 260 CMR 1.03: Grounds for Imposition of Disciplinary Sanctions or 2.02(3)(b), but which nevertheless involves any of the following: 1. Failure to exercise proper regard for the health, welfare, safety or legal rights of another person; or2. Fraud, deception or lack of honesty or truthfulness.(4) For purposes of 260 CMR 2.02(3), the term "conviction" means any of the following:(a) a final judgment entered after a jury verdict of guilty or a judicial finding of guilty;(c) a plea of nolo contendere (no contest); or(d) any other plea or finding which is treated by the court as a plea or finding of guilty. The standards in 260 CMR 2.06(4)(a) through (d) shall apply regardless of the law of the jurisdiction in which the disposition occurred.(5) For purposes of 260 CMR 2.02(3), the term "disciplinary action" means any of the following: (a) Denial of a license, registration or certification for any reason other than failure to meet the educational, experiential or examination requirements established by applicable law or regulation for that license, registration or certification;(b) Refusal to issue a license, registration or certification for any reason other than failure to meet the educational, experiential or examination requirements established by applicable law or regulation for that license, registration or certification;(c) Revocation or suspension of a license, registration or certification;(d) Placement of a license, registration or certification on probation;(e) Issuance of a letter of censure;(f) Issuance of a written reprimand; or(g) Any other adverse action against the applicant's license, registration or certification which constitutes "disciplinary action" under the applicable laws and/or regulations of the jurisdiction in which that adverse action was taken.(6) In determining whether an application for registration should be denied because the applicant has been convicted of a criminal offense, within the meaning of 260 CMR 2.02(3)(a), or the applicant has been the subject of a disciplinary action by the applicable governmental authority of another jurisdiction, within the meaning of 260 CMR 2.02(3)(b), the Board shall consider all of the relevant facts and circumstances, including, but not limited to the following: (a) The nature of the criminal offense(s) or conduct which gave rise to the disciplinary action;(b) The date of the criminal conviction(s) or date of the disciplinary action;(c) The age of the applicant at the time of the criminal conviction(s) or age and level of professional experience at the time of the conduct which gave rise to the disciplinary action;(d) The number of criminal conviction(s) or number of disciplinary actions taken against the applicant;(e) The nature and severity of the sentence or sanction imposed for each criminal conviction or nature and severity of the disciplinary sanction(s) imposed;(f) Whether the conduct which gave rise to the criminal conviction or disciplinary action demonstrates an intentional or deliberate disregard for the life, health, safety or welfare of others;(g) Whether the conduct which gave rise to the criminal conviction involved the commission of acts of physical or sexual violence or coercion against another person;(h) Whether the conduct which gave rise to the criminal conviction or disciplinary action otherwise poses a continued or continuing risk to the health, safety or welfare of the public; (i) Whether the conduct which gave rise to the criminal conviction or disciplinary action involved trafficking in, or illegally manufacturing, controlled substances as defined by applicable state or federal law;(j) Whether the conduct which gave rise to the criminal conviction or disciplinary action involves fraud, deception, a lack of honesty, a lack of truthfulness or veracity, or a lack of personal integrity or trustworthiness;(k) Whether there is a significant relationship between the conduct which gave rise to the criminal conviction or disciplinary action and the nature of the activities which the applicant will be authorized to perform if the registration is granted;Amended by Mass Register Issue 1321, eff. 9/9/2016.