MASSACHUSETTS GUIDELINES FOR PHYSICIAN CONDUCT

http://www.massmedboard.org/regs/243cmr.htm

243 CMR BOARD OF REGISTRATION IN MEDICINE

1.00:    DISCIPLINARY PROCEEDINGS FOR PHYSICIANS

1.03:    Dispositions of Complaints and Statutory Reports

1.03 (5) Grounds for Complaint

        (a) Specific Grounds for Complaints Against Physicians. A complaint against a physician must allege that a licensee is practicing medicine in violation of law, regulations, or good and accepted medical practice and may be founded on any of the following:

           1. Fraudulent procurement of his/her certificate of registration or its renewal;

           2. Commitment of an offense against any provision of the laws of the Commonwealth relating to the practice of medicine, or any rule or regulation adopted thereunder;

           3. Conduct which places into question the physician's competence to practice medicine, including but not limited to gross misconduct in the practice of medicine, or practicing medicine fraudulently, or beyond its authorized scope, or with gross incompetence, or with gross negligence on a particular occasion or negligence on repeated occasions;

           4. Practicing medicine while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;

           5. Being habitually drunk or being or having been addicted to, dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects;

           6. Knowingly permitting, aiding or abetting an unlicensed person to perform activities requiring a license.

           7. Conviction of any crime;

           8. Continuing to practice while his/her registration is lapsed, suspended, or revoked;

           9. Being insane;

           10. Practicing medicine deceitfully, or engaging in conduct, which has the capacity to deceive or defraud.

           11. Violation of any rule or regulation of the Board;

           12.   Having been disciplined in another jurisdiction in any way by the proper licensing authority for reasons substantially the same as those set forth in M.G.L. c.  112, § 5 or 243 CMR 1.03(5);

           13.   Violation of 243 CMR 2.07(15);

           14.   Cheating on or attempting to compromise the integrity of any medical licensing examination;

           15.   Failure to report to the Board, within the time period provided by law or regulation, any disciplinary action taken against the licensee by another licensing jurisdiction (United States or foreign), by any health care institution, by any professional or medical society or association, by any governmental agency, by any law enforcement agency, or by any court for acts or conduct substantially the same as acts or conduct which would constitute grounds for complaint as defined in this section;

           16.   Failure to respond to a subpoena or to furnish the Board, its investigators or representatives, documents, information or testimony to which the Board is legally entitled;

           17.   Malpractice within the meaning of M.G.L. c. 112, § 61;

           18.      Misconduct in the practice of medicine.

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The Board of Registration in Medicine maintains this site to provide greater access to the regulations of the agency. While every effort is made to ensure that the regulations included on this site are accurate and up-to-date, it is possible that discrepancies may exist between these regulations and the official regulations on file in the Code of Massachusetts Regulations and the Massachusetts Register maintained by the Secretary of State of the Commonwealth.

The only official version of these regulations, and all state regulations, is kept on file with the State Publications and Regulations division of the Secretary of State’s Office.  In the case of any such discrepancy between the information on this site and the official version of the regulations, including differences pertaining to effective dates, the Secretary of State’s official version controls.

Please contact the Regulations Division to obtain an official version of these regulations at Telephone: (617) 727-2831 Fax: (617) 742-4822 or e-mail: regs@sec.state.ma.us. Please click on the following link for additional contact information: http://www.mass.gov/sec/spr/sprcon.htm.

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