Code of Massachusetts Regulations › 243 CMR - BOARD OF REGISTRATION IN MEDICINE › Title 243 CMR 1.00 - Disciplinary Proceedings For Physicians › Section 1.01 - Scope and Construction

Current through Register 1525, July 5, 2024
(1)
Procedure Governed
.
			 243 CMR 1.00 governs the
			 disposition of matters relating to the practice of medicine by any person
			 holding or having held a certificate of registration issued by the Board of
			 Registration in Medicine under M.G.L. c. 112, §§ 2 through 9B, and
			 the conduct of adjudicatory hearings by the Board.
			 243 CMR 1.00 is based on the
			 principle of fundamental fairness to physicians and patients and shall be
			 construed to secure a speedy and just disposition. The Board may issue standing
			 orders consistent with
			 243 CMR 1.00 and
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
.
(2)
Definitions.
Adjudicatory Hearing
: a formal
				administrative hearing conducted pursuant to M.G.L. c. 30A.
Board
: the Board of Registration in
				Medicine, including, but not limited to, its Data Repository/Data Management
				Unit, Disciplinary Unit, Patient Care Assessment Unit, Legal Unit, Licensing
				and Examining Unit, and its agents and employees.
Complaint
: a communication filed with
				the Board which charges a licensee with misconduct. A
Statutory
				Report
is not a
Complaint
;
See
243 CMR
				1.03(14).
Disciplinary Action
means an action
				adversely affecting a licensee which simultaneously meets the descriptions in
				243 CMR 1.01(2)(a) through (c), and which is limited as described in 243 CMR
				1.01(2)(d) and (e).
(a) disciplinary
			 action means an action of an entity including, but not limited to, a
			 governmental authority, a health care facility, an employer, or a professional
			 medical association (international, national, or local).
(b) A disciplinary action is:
1. formal or informal, or
2. oral or written.
3. An oral reprimand is not a
Disciplinary Action
. However, the fact that conduct
			 resulted in an oral reprimand does not relieve any obligation to report under
			 M.G.L. c. 112, § 5F.
(c) A disciplinary action includes any of the
			 following actions or their substantial equivalents, whether voluntary or
			 involuntary:
1. Revocation of a right or
			 privilege.
2. Suspension of a right
			 or privilege.
3. Censure.
4. Written reprimand or admonition.
5. Restriction of a right or
			 privilege.
6. Non renewal of a
			 right or privilege.
7.
			 Fine.
8. Required performance of
			 public service.
9. A course of
			 education, training, counseling, or monitoring, only if such course arose out
			 of the filing of a complaint or the filing of any other formal charges
			 reflecting upon the licensee's competence to practice medicine.
10. Denial of a right or privilege.
11. Resignation.
12. Leave of absence.
13. Withdrawal of an application.
14. Termination or non renewal of a contract
			 with a licensee.
(d) The
			 actions described in 243 CMR 1.01(2)(c)5., 6. and 10. through 14. are
Disciplinary Actions
only if they relate, directly or
			 indirectly to:
1. the licensee's competence
			 to practice medicine, or
2. a
			 complaint or allegation regarding any violation of law or regulation
			 (including, but not limited to, the regulations of the Board (243 CMR)) 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 or regulation.
(e) If based upon a failure to
			 complete medical records in a timely fashion or failure to perform minor
			 administrative functions, the action adversely affecting the licensee is not a
Disciplinary Action
for the purposes of mandatory
			 reporting to the Board, provided that the adverse action does not relate
			 directly or indirectly to:
1. the licensee's
			 competence to practice medicine, or
2. a complaint or allegation regarding any
			 violation of law or a Board regulation, whether or not the complaint or
			 allegation specifically cites violation of a specific law or regulation.
Informal
: not subject to strict
				procedural or evidentiary rules.
Licensee
: a person holding or having
				held any type of license issued pursuant to M.G.L. c. 112, §§ 2
				through 9B.
Party
: a respondent, associate
				prosecutor representing the disciplinary unit, or intervenor in an adjudicatory
				proceeding pursuant to 801 CMR 1.01(9).
Respondent
: the licensee named in a
				Statement of Allegations.
Statement of Allegations
: a paper
				served by the Board upon a licensee ordering the licensee to appear before the
				Board for an adjudicatory proceeding and show cause why the licensee should not
				be disciplined; a "Statement of Allegations" is an "Order to Show Cause" within
				the meaning of 801 CMR 1.01(6)(d).