Unprofessional Conduct, Discipline, and Enforcement
This domain tests what gets a licensee disciplined and how the process unfolds.
Grounds
- Fraud or deceit in obtaining a license, or in practice.
- Negligence, incompetence, or gross misconduct in handling remains or in arranging services.
- Practicing or aiding unlicensed practice; employing an unlicensed person to perform licensed functions.
- Criminal conviction, violation of Board rules or orders, false advertising, fee splitting, and misappropriation of preneed or trust funds.
- Falsifying certificates, permits, or records.
Process and sanctions
- A complaint is investigated by DPL staff; if warranted, the Board issues an order to show cause and holds an adjudicatory hearing under c. 30A, with notice, the right to counsel, and the right to present evidence.
- Sanctions include reprimand, probation with conditions, suspension, revocation, civil penalties, and required continuing education. Collateral exposure includes c. 93A claims and criminal referral.
Worked example. A funeral director, running late, enters an earlier date of death on a certificate to meet the filing deadline. Even though the death is real and the certificate is otherwise accurate, the entry is a falsification. Intent to comply with one rule does not excuse violating another; the Board treats record falsification as unprofessional conduct and the correction must go through the proper amendment process.
Traps that cost marks. Assuming a private settlement with a family ends the Board's case; assuming a sealed or expunged criminal record erases the disciplinary history; ignoring probation conditions, which are independently enforceable.