243 CMR, § 4.05 - Final Decision and Order, and Miscellaneous Provisions

(1) In General. Every Final Decision and Order of the Committee requires the concurrence of at least four members, or of a majority of the Committee if it has more than one vacancy. If the Hearing Officer is a member of the Committee, his/her vote counts in the event the Committee is not otherwise able to reach a final decision.

(2) Sanctions. In disposition of disciplinary charges brought by the Committee, the Committee may revoke, suspend, or cancel the license, or reprimand or censure the acupuncturist, or require a course of education or training or otherwise discipline or limit the practice of the acupuncturist. A reprimand is a severe censure. The Committee may also condition the stay or other cessation of a sanction upon reasonable conditions consistent with the public health, safety and welfare. A Probation Agreement may be required by the Committee as a condition of the stay of an indefinite suspension. Failure to comply with the terms of a Probation Agreement may result in the immediate suspension of the acupuncturist's license to practice acupuncture.

(3) Nature and Effect, Generally. Any order of the Committee which imposes a sanction as a result of a disciplinary action is effective immediately, unless the Committee orders otherwise.

(a) Suspension. A licensee whose license is suspended for a period of time is automatically reinstated upon expiration of the suspension period.

(b) Revocation. The cancellation or revocation of a license is effective for at least five years, unless the Committee orders otherwise. Reinstatement thereafter may be granted or denied in the Committee's discretion. A cancellation or revocation is lifted only through a petition for reinstatement.

(4) Reinstatement. A person previously licensed by the Committee may apply for reinstatement of his/her license no sooner than five years after revocation, unless the Committee orders otherwise. An application for reinstatement is addressed to the Committee's discretion, must be made in the form the Committee prescribes, must be filed in the original with ten copies, and will be granted only if the Committee determines that doing so would advance the public interest. If the Committee denies a petition for reinstatement, the Respondent shall not re-petition for reinstatement until at least two years after the date of denial, unless the Committee orders otherwise.

(5) Resignation.

(a) A licensee who is named in a complaint or who is subject to an investigation by the Committee or who is the respondent in a disciplinary action may submit his/her resignation by delivering to the Committee a writing stating that: he/she desires to resign; his/her resignation is tendered voluntarily; he/she realizes that resignation is a public disciplinary action reportable to national data reporting systems; the resignation is a final act which deprives a person of all privileges of licensure and is not subject to reconsideration or judicial review; and that the licensee is not currently licensed to practice in any other state or jurisdiction, will make no attempt to gain licensure elsewhere, or will resign any other licenses contemporaneously with his/her resignation in the Commonwealth.

(b) If a complaint, investigation, or Statement of Allegations arises solely out of a disciplinary action in another jurisdiction, within the meaning of 243 CMR 4.03(5)(a)12., then the licensee may submit a resignation pursuant to 243 CMR 4.05(5)(a), but need not make any representation regarding licensure status in other jurisdictions, is permitted to gain licensure elsewhere, and need not resign any other licenses contemporaneously with the resignation.

(c) The acceptance of a resignation is within the discretion of the Committee.

(6) Unauthorized Acupuncture Practice. The Committee shall refer to the appropriate District Attorney or other appropriate law enforcement agency any incidents of unauthorized acupuncture practice which come to its attention.

(7) Imposition of Restrictions. Consistent with 243 CMR 4.00 and M.G.L. c. 30A or otherwise by agreement with the licensee, the Board may impose restrictions to prohibit a licensee from performing certain acupuncture procedures, or from performing certain acupuncture procedures except under certain conditions, if the Board determines that:

(a) the licensee has engaged in a pattern or practice which calls into question his/her competence to perform such procedures, or

(b) the restrictions are otherwise warranted by the public health, safety and welfare.

Notes

243 CMR, § 4.05