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 1531, September 27, 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).
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).