Section 1.01 - Scope and Construction(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; See243 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, or3. 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.4. Written reprimand or admonition.5. Restriction of a right or privilege.6. Non renewal of a right or privilege.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.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, or2. 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, or2. 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).