Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 2.00 - Licensing and the practice of medicine › Part 2 - THE PRACTICE OF MEDICINE › Section 2.14 - Mandated Reporting

Current through Register 1525, July 5, 2024
(1)
Scope
				of
				243 CMR 2.13
				and 2.14
.
				243 CMR 2.13
				and 2.14 are mandated reporting sections. A mandated report is also referred to
				as a "statutory report" throughout
				243 CMR 2.00. 243 CMR 2.14
				contains a nonexclusive list of mandated reports. Some mandated reports are not
				listed within
				243 CMR 2.13
				and 2.14.
(2)
Mandated
				Report, Defined
. A mandated report is a written filing, made to the
				Board of Registration in Medicine, by a reporter required to make the report
				pursuant to a state or federal law or regulation. The subject of a mandated
				report shall be a physician, registered with the Board as qualified to practice
				medicine in the commonwealth, including any person licensed pursuant to M.G.L. c.
				112, §§ 2 through 9B. Mandated reports received in the Data Repository
				are confidential, unless otherwise required by law. A mandated reporter is any
				entity or individual that is required, by state or federal law or regulation, to
				make a report to the Board of Registration in Medicine, except for reports filed
				with the Board pursuant to M.G.L. c. 111, § 205. Reports filed with the
				Quality and Patient Safety Division are not mandated reports as defined in 243
				CMR 2.14(2).
(3)
Filing a
				Mandated Report
. Mandated reports shall be filed with the Data
				Repository Unit, except for licensing materials filed with the Board pursuant to
				M.G.L. c. 112, § 2 through 9B, which shall be filed with the Licensing
				Division at the Board's mailing address. Unless otherwise provided by law or
				regulation, a mandated report shall be filed with the Board no later than 30 days
				after the date of the incident being reported. A licensee's failure to timely
				file a mandated report may be a ground for a disciplinary action by the
				Board.
(4)
Mandated
				Reports Made by a Physician
.
(a)
Peer Reports
. A doctor of medicine or osteopathy, an
				intern, resident, fellow or medical officer licensed under M.G.L. c. 112, §
				9, must report to the Board when he or she has a reasonable basis to believe that
				a physician may have violated the provisions of M.G.L. c. 112, § 5 or any
				regulation of the Board. This report is filed under M.G.L. c. 112, § 5F and
				is referred to as a "peer report", or a "5F report". A reporter may be exempt
				from this reporting requirement when the limited exemption provisions of M.G.L.
				c. 112, § 5F, and
				243 CMR
				2.07(23)  apply.
(b)
Certain Licensing
				Materials
. Licensing materials filed under M.G.L. c. 112,
				§§ 2 through 9B, and signed and sworn to by the applicant, are mandated
				reports, portions of which are confidential as provided in M.G.L. c. 112, §
				2, and
				243 CMR
				2.01(5). The mandated reporter
				is the applicant or licensee. Additional responses or documentation provided by
				the applicant or licensee and submitted as part of an initial or renewal
				application may be mandated reports.
(c)
Action against Health Care
				Facility Privileges
. A licensee shall notify the Board of any
				restriction, termination, revocation, suspension or resignation of his or her
				health care facility privileges in accordance with
				243 CMR
				1.03(5). A licensee's report
				of an action against his or her privileges is a mandated report. The licensee
				shall report the action taken against his or her privileges within 30 days of the
				health care facility's action, notwithstanding any appeal that may be
				pending.
(d)
Report on
				Certain Adverse Events Occurring in a Licensee's Office
. A licensee
				must report to the Board the following events, if precipitated by a treatment
				administered or a procedure performed in a licensee's office setting:
1. an unplanned patient transfer to a
				hospital;
2. a patient death, when
				this death was unexpected and not related to the natural course of the patient's
				illness or underlying condition; or
3. a serious injury.
The report shall be filed by the licensee as soon as possible,
				  but in no event later than 30 days following the event.
(e)
Dissolution or
				Disassociation from a Professional Practice for Reasons of
				Competence
. A licensee shall report a dissolution of, or
				disassociation from, a professional corporation, partnership or other
				professional practice group, however legally organized, when the dissolution is
				for cause. A licensee shall report to the Board when such dissolution or
				disassociation is related, directly or indirectly, to:
1. A licensee's competence to practice
				medicine, or
2. A complaint or
				allegation regarding any violation of law or regulation, or bylaws of a health
				care facility, medical staff, group practice, or professional medical association
				whether or not the complaint or allegation specifically cites violation of a
				specific law, regulation or bylaw.
(f)
Settlement by a Self-insured
				Physician
. A licensee without professional liability insurance at
				the time when a malpractice action occurs must report to the Board any settlement
				or arbitration award for damages for death or personal injury. The licensee shall
				report a settlement or award against him or her caused by the licensee's
				negligence, error or omission in practice, or for an unauthorized rendering of
				professional services, as provided in M.G.L. c. 112, § 5E.