LEGISLATIVE UPDATE- Professional Licensing Boards Have New Enforcement Powers

On December 30, 2004 , the Governor signed into law important new legislation that will help the professional licensing boards within the Division of Professional Licensure to better protect the public.  Thanks to the support of many professional associations that advocated on behalf of the Division, the Legislature enacted this long-needed legislation which becomes effective March 29, 2005 .

 The purpose of the law is to protect consumers and to help provide a level playing field for the vast majority of licensed professionals who honor the rules of their profession and provide great service to their customers.   By giving the State Boards better tools to address violations of professional standards,  breaches of ethics and unlicensed practice, the new law promises better consumer protection and serious consequences for those who attempt to practice without a license or with disregard for the law.

The new law increases the current penalties for practicing without a license and grants the state board the ability to investigate and prosecute those who practice without ever getting the required license, those who practice while their license is expired and those who continue to practice after their license is suspended or revoked.  In addition, the Board is now granted the authority to assess fines for professional misconduct by licensees.  The goal of the Board as always is not to be punitive, but to make sure that all licensed professionals live up to the standards of ethics and practice for the profession. 

Below are some excerpts from the law:

• Any licensing board may discipline the license holder if it is determined that holder has: Engaged in conduct which places into question the holder’s competence to practice the profession including (but not limited to) gross misconduct, practicing the profession fraudulently, practicing the profession beyond the authorized scope of the license, practicing the profession with negligence while impaired by alcohol or drugs, been convicted of a criminal offense which is reasonably related to the practice of the profession, engaging in dishonesty, fraud or deceit which is reasonably related to the practice to the profession, and/or knowingly aiding and abetting an unauthorized person in performing activities requiring a license.

• The Board may suspend, revoke, cancel, decline to renew, or place on probation their license, may reprimand or censure a license holder, and assess upon the license holder a civil administrative penalty (fine) not to exceed $100 for the first violation, $500 for the second, violation, $1500 for the third, $2500 for the fourth and any subsequent violations. The Board may also require the license holder to complete additional education and training as a condition of retention for future consideration of reinstatement of the license.

• If the license holder’s license is invalid because of it has been suspended, revoked, or canceled by the Board, and the licensee continues to practice without their license, the Board can assess a civil administrative penalty not to exceed $1000 for the first violation, $2500 for the second and any subsequent violation per violation.

• For individuals performing work, without a license, they may be assessed a civil administrative penalty not to exceed $1000 for the first violation and $2500 for a second and any subsequent violations.

As always, licensees are entitled to notice and an opportunity for a hearing before any fine is assessed, and all decisions of the Board are still subject to judicial review.  Under the law, 20% of all civil administrative penalties assessed by the Boards will be deposited in the Division of Professional Licensure Trust Fund, while the remaining 80% shall be deposited in the General Fund.

Updates about the law will be posted on the Division of Professional Licensure web site at www.mass.gov/dpl.