Code of Massachusetts Regulations
243 CMR - BOARD OF REGISTRATION IN MEDICINE
Title 243 CMR 1.00 - Disciplinary Proceedings For Physicians
Section 1.05 - Final Decision and Order and Miscellaneous Provisions
Current through Register 1531, September 27, 2024
(1) In General. Every Final Decision and Order of the Board requires the concurrence of at least four members, or of a majority of the Board if it has more than one vacancy. If the Hearing Officer is a member of the Board, his or her vote counts in the event the Board is not otherwise able to reach a final decision.
(2) Sanctions. In disposition of disciplinary charges brought by the Board, the Board may revoke, suspend, or cancel the certificate of registration, or reprimand, censure, impose a fine not to exceed $10,000 for each classification of violation, require the performance of up to 100 hours of public service, in a manner and at a time and place to be determined by the Board, require a course of education or training or otherwise discipline or limit the practice of the physician. A reprimand is a severe censure.
(3) Nature and Effect, Generally. Any order of the Board which imposes a sanction as a result of a disciplinary action is effective immediately, unless the Board orders otherwise.
(4) Reinstatement. A person previously registered by the Board may apply for reinstatement of his or her application no sooner than five years after revocation, unless the Board orders otherwise. An application for reinstatement is addressed to the Board's discretion, must be made in the form the Board prescribes, must be filed in original with ten copies, and will be granted only if the Board determines that doing so would advance the public interest. If the Board denies a petition for reinstatement, the Respondent shall not re-petition for reinstatement until at least two years after the date of denial, unless the Board orders otherwise.
(5) Resignation.
(6) Unauthorized Medical Practice. The Board shall refer to the appropriate District Attorney or other appropriate law enforcement agency any incidents of unauthorized medical practice which comes to its attention, as required by M.G.L. c. 112, § 5.
(7) Imposition of Restrictions. Consistent with 243 CMR 1.00 and M.G.L. c. 30A or otherwise by agreement with the licensee, the Board may impose restrictions to prohibit a licensee from performing certain medical procedures, or from performing certain medical procedures except under certain conditions, if the Board determines that: