OEVAL L.PATRICK
GOVERNOR

JOHN W. POLANOWICZ
SECRETARY

CHERYL BARTLETT, RN
COMMISSIONER

The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health
Division of Health Professions Licensure Office of General Counsel
239 Causeway Street, Suite 500, Boston, MA 02114

Tel: 617-973-0880
TIY: 617-973-0988
Fax: 617-973-0986
www.mass.gov/dph/boards

. September 3, 2013
	
l3YCERTIFIEDMAILNO.  7012 346000017331  1258

Kenneth Volovick redacted

RE:	In the! Matter of Kenneth H. Volovick. RT License No. 1600
Board of Registration in Respiratory Care, Docket No. REP-2013-002

Dear Mr. Volovick:

The Board of Registration in Respiratory Care (Board) has now signed the Consent Agreement for Voluntary Surrender of your license to practice as a respiratory therapist and your right to renew your license (Agreement).  A copy of the fully signed Agreement is enclosed for your records. Please note carefully that the effective date of the Agreement is September 3, 2013, as is stated on the signature page of the Agreement.

Sincerely,

Nancy Dolberg	
Prosecuting Counsel

Enclosures

.....  ..

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY		BOARD OF REGISTRATION IN RESPIRATORY CARE

In the Matter of
KENNETH H. VOLOVJCK
RT License No. 1600
LICENSE EXP. 5/31/14

Docket No. REP-2013-002

CONSENTAGREEMENTFORVOLUNTARYSURRENDER

The Massachusetts Board of Registration in Respiratory Care (Board) and Kenneth H. Volovick (Licensee), a Respiratory Therapist (RT) licensed by the Board, License No. 1600, do hereby
               Stipulate and Agree that the following information shall be entered· into ·and become a permanent 
part of the Licensee's record maintained by the Board:

1.	The Licensee acknowledges that a complaint has been filed with the Board against his
1.	

)

·Massachusetts Respiratory Therapist license (Iicense 1

Related .to the conduct set forth in

paragraph 2, identified as Docket No. REP-2013-002 (the Complaint).

2.	The Licensee acknowledges that the Complaint alleges that during or about late September/early October 2012, while he was employed as a respiratory therapist at Brigham and Women's Hospital in Boston, Massachusetts, he documented in the Biomedical Engineering Database that he had completed preventative maintenance on respiratory life support equipment as scheduled, when he had not.

3.	·The Licensee agrees to SURRENDER his license and refrain from practicing as a Respiratory Therapist in Massachusetts, commencing with the date on which the Board signs this Agreement  (Effective Date)2 until such time as the Board takes final action on
the Complaint.

4.	The Board and the Licensee agree that execution of this Agreement constitutes a non­ disciplinary action and that his Massachusetts Respiratory Therapist license status shall appear on the Board's web page as "Restrictions by Agreement/Order."  If the Board receives credible information that the Licensee has failed to comply with this Agreement,
or if the Board receives a "Subsequent Complaint,"3 the Board will immediately

1 The term "license" applies to both a current license and the right to renew an expired license.
2 The Licensee understands that practice as a Respiratory Therapist includes, but is not limited to, seeking and/or
Accepting a paid or voluntary position as a Respiratory Therapist, or a paid or voluntary position requiring that the
Applicant holds a current Respiratory Therapist license. The Licensee further understands that if he accepts a
voluntary or paid position as a Respiratory Therapist, or engages in any practice of respiratory therapy after the
Effective Date and before the Board formally reinstates his license, evidence of such practice shall be grounds for the
Board's referral of any such unlicensed practice to the appropriate law enforcement authorities for prosecution.

3 The term "Subsequent Complaint" applies to a complaint opened after the Effective Date of this Agreement which
(I) alleges that the Licensee engaged in conduct that violates Board regulations or statutes, and (2) is substantiated
K. Volovick
REP-2013-002
Page 1 of 2

SUSPEND the Licensee's Massachusetts license, a disciplinary action, and provide him with written notice of such suspension.

5.	The Licensee acknowledges that he has been represented by legal counsel in connection with the Complaint and this Agreement.	
6.	The Licensee acknowledges that after the Effective Date, the Agreement constitutes a public record of action by the Board.  The Board may forward a copy of this Agreement to other licensing boards, law enforcement entities, and other individuals or entities as required or permitted by law.

7.	The Licensee certifies that he has read this Agreement.  The Licensee understands and agrees that entering into this Agreement is a final act and not subject to reconsideration,
                    Appeal or judicial review

Witness (print name)

Assistant Executive Director	
Board of Registration in Respiratory Ther8:J3r	·

 	September 3, 2013
Effective Date of Surrender Agreement
Fully Signed Agreement Sent to Licensee on 09/03/2013 by Certified Mail No: _
7012 3460 0001 7331 1258

by evidence as determined following the complaint investigation, during which the Licensee will have an opportunity
to respond.

K. Volovick	2
REP-2013-002