Section 205 Discipline powers of the board; enforcement of order - Massachusetts Statutes

Section 205. The board shall be empowered to deny or refuse to renew a license, or suspend or revoke a license or issue an order to cease and desist from certain conduct or to otherwise lawfully discipline an applicant or licensee who has,

(a) attempted to or obtained licensure by fraud or misrepresentation;

(b) engaged in unethical or unprofessional conduct, including, but not limited to, willful acts, negligence or incompetence in the course of professional practice;

(c) engaged in habitual intoxication or personal misuse of any drug, including alcohol, narcotics or controlled substance so as to adversely affect the person’s ability to practice;

(d) been convicted of any offense under state or federal laws involving moral turpitude; or

(e) violated any lawful order, rule or regulation rendered or adopted by the board.

Such disciplinary action against an applicant or licensee may include any or all of the following actions:-

(a) denial, suspension, revocation or cancellation of, or refusal to renew such license;

(b) placement of such a license on probation;

(c) reprimanding or censuring the holder of such license;

(d) assessing upon the holder of such license a fine not to exceed $5,000 for each violation;

(e) requiring the holder of such license to perform, for each violation, up to 100 hours of community service in a manner and time to be determined by the board;

(f) requiring the holder of such license to complete additional education and training as a condition of retention or reinstatement of such license, or requiring an applicant for such license to complete additional education and training as a condition for future consideration of such application;

(g) requiring the holder of such license to practice under appropriate supervision for a period of time as determined by the board as a condition of retention or reinstatement of such license, or requiring an applicant for such license to practice under appropriate supervision for a period of time as determined by the board as a condition for future consideration of that application;

(h) requiring the holder of such license to participate in an alcohol or drug rehabilitation program or undergo drug testing, or both, as a condition of retention or reinstatement of such license, or requiring an applicant for such license to participate in an alcohol or drug rehabilitation program or undergo drug testing, or both, as a condition for future consideration of such application; and

(i) requiring the holder of such license to make restitution of not more than $50,000, where appropriate.

Nothing in this section shall be deemed a limitation on the board’s authority to impose such sanctions by consent agreement as are deemed reasonable and appropriate by the board.

Any person aggrieved by any disciplinary action taken by the board pursuant to this section may, pursuant to section 64 of chapter 112, file a petition for judicial review of such disciplinary action with the supreme judicial court. The supreme judicial court shall have exclusive jurisdiction over all such petitions and any such petition shall be reviewed in accordance with the standards for review provided in paragraph (8) of section 14 of chapter 30A.

After issuing an order for revocation or suspension the board may also file a petition in equity in the superior court in the county in which the respondent resides or conducts his practice, or in Suffolk county, to ensure appropriate injunctive relief to expedite the secure enforcement of its order.