Massachusetts § 169 - Allied mental health and human service professionals; denial, revocation or suspension of licenses

§ 169. Allied mental health and human service professionals; denial, revocation or suspension of licenses

Section 169. The board, subject to a majority vote of its members, is authorized to deny, revoke or suspend a license granted pursuant to this chapter on the following grounds:

(1) conviction by a court of competent jurisdiction of a crime which the board determines to be of such a nature as to render such person unfit to practice as a mental health and human services professional. Said board shall maintain and publish a list of such crimes;

(2) violation of ethical standards of such a nature as to render such individual unfit to practice as a mental health and human services professional. Said board shall publish and maintain such ethical standards;

(3) fraud or misrepresentation in obtaining a license; or

(4) other just and sufficient cause which renders a person unfit to practice as a mental health and human services professional.

No license may be suspended or revoked for the reasons set forth in the preceding paragraph without prior notice and opportunity for hearing on such suspension or revocation, except that the board may, in its discretion, without prior notice or hearing, suspend for up to one year the license of any individual convicted of a crime as set forth therein. The burden of proof shall be on the board in any proceeding to suspend or revoke a license. No license may be suspended or revoked under this section except by majority vote of the full board, notwithstanding any other provisions.

Any individual may file a complaint with the board seeking denial, suspension or revocation of a license issued or to be issued by the board. Such complaints shall be in a form prescribed by the board and shall be verified under oath by the complainant or his duly authorized agent. If the board determines that a complaint alleges facts which, if true, would require denial, revocation or suspension of a license, it shall promptly conduct a hearing. Whenever said board establishes that a complaint does not state facts which warrant a hearing, such complaint may be dismissed.

Said board shall not hear complaints against any licensed individuals for actions which have occurred in the course of employment by any agency of the commonwealth or its political subdivisions unless such complaint is received by the board subsequent to the dismissal of a licensee by such agency for reasons of moral turpitude or gross negligence; provided, however, that said licensee shall have exhausted all administrative appeals of such dismissal.

Any individual may be permitted to intervene and participate in board hearings on suspension or revocation of a license upon a showing of an interest in such proceeding.

Any individual whose license has been suspended or revoked may apply to the board for vacation of the suspension or reinstatement of the license.