§ 6 — Consumer complaints; authority of department; discipline of licensee

Massachusetts § 6

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XVI: PUBLIC HEALTH
• Ch. 111J: ALCOHOL AND DRUG COUNSELORS

Text

[ Text of section effective until March 23, 2025. For text effective March 23, 2025, see below.]Section 6. The department shall establish procedures for consumers to file written complaints regarding an alcohol and drug counselor who is subject to requirements for licensure.The department shall investigate all complaints relating to the proper practice of an alcohol and drug counselor holding a license and all complaints relating to any violation of this chapter or regulation of the department.The department may conduct an adjudicatory proceeding pursuant to chapter 30A, but shall not have the power to issue, vacate, modify or enforce subpoenas pursuant to section 12 of said chapter 30A. The department may, after a hearing pursuant to said chapter 30A, deny, refuse renewal, revoke, limit or suspend a license or otherwise discipline an alcohol and drug counselor licensed pursuant to this chapter. Grounds for denial, refusal to renew, revocation, limitation, suspension or other discipline shall include the following:(1) fraud or misrepresentation in obtaining a license;(2) criminal conduct which the department determines to be of such a nature as to render such person unfit to practice as a licensed alcohol and drug counselor as evidenced by criminal proceedings resulting in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts;(3) violation of any rule or regulation of the department governing the practice of alcohol and drug counselors;(4) violation of ethical standards which the department determines to be of such a nature as to render such person unfit to practice as a licensed alcohol and drug counselor;(5) other just and sufficient cause which the department may determine would render a person unfit to practice as a licensed alcohol and drug counselor.Where denial, refusal to renew, revocation or suspension is based solely on the failure of the licensee to file timely an application or pay prescribed fees or to maintain insurance coverage as required by law or regulation, the department may act without first granting the applicant or licensee a hearing.Chapter 111J: Section 6. Filing and investigation of complaints; adjudicatory proceedings; denial, refusal to renew, revocation or suspension of license or other discipline[ Text of section as recodified by 2024, 285, Sec. 11 effective March 23, 2025. For text effective until March 23, 2025, see above.]Section 6. (a) The department shall establish procedures for consumers to file written complaints regarding licensees. The department shall investigate all complaints relating to the proper practice of a licensee under this chapter and all complaints relating to any violation of this chapter or regulation promulgated hereunder.(b) The department may conduct an adjudicatory proceeding pursuant to chapter 30A but shall not issue, vacate, modify or enforce subpoenas pursuant to section 12 of said chapter 30A. The department may, after a hearing pursuant to said chapter 30A, deny, refuse renewal, revoke, limit or suspend a license or otherwise discipline a licensee; provided, however, that the department may suspend the license of a licensee who poses an imminent danger to the public without a hearing; provided further, that the licensee shall be afforded a hearing within 7 business days of receipt of a notice of such denial, refusal to renew, revocation, limitation, suspension or other disciplinary action; and provided further, that the department shall conduct its proceedings in accordance with the provisions of this chapter and said chapter 30A. Grounds for denial, refusal to renew, revocation, limitation, suspension or other discipline shall include: (i) fraud or misrepresentation in obtaining a license; (ii) criminal conduct which the department determines to be of such a nature as to render such person unfit to practice as evidenced by criminal proceedings resulting in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts; (iii) violation of any law or rule or regulation of the department governing the practice of the licensee under this chapter; (iv) violation of ethical standards which the department determines to be of such a nature as to render such person unfit to practice as a licensee; or (v) other just and sufficient cause that the department determines would render a person unfit to practice as a licensee.(c) Where denial, refusal to renew, revocation or suspension is based solely on the failure of the licensee to timely file an application or pay prescribed fees or to maintain insurance coverage as required by applicable law or regulation, the department may act without first granting the applicant or licensee a hearing.