Current through Register 1531, September 27, 2024
243 CMR 2.04 applies to all the Board's license applications,
unless otherwise specifically noted.
(1)
Application Forms. Each applicant for licensure or
renewal shall submit to the Board a completed application form, any additional
information requested by the Board, and the applicable fee as determined by the
Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B. The
Board's licensure application forms, with the exception of its renewal
application form, shall include, but are not limited to, requests for the
following information:
(a) The applicant's name,
date of birth, and home and principal business addresses; and
(b) A verification of the fact that the
applicant has completed two years of premedical education, written on the
official stationery of the college or university and signed by the dean or other
appropriate official. If the school has an official seal, the written
verification must be stamped with it. The requirements of this subdivision do not
apply to applications for a temporary license; and
(c) A written verification of the applicant's
attendance by month and year at a medical school, signed by the dean or other
appropriate official. If the school has an official seal, the written
verification must be stamped with it.
(2)
Submission of Original
Licensing Documents. All documents submitted to the Board in support
of a license application shall be original documents or certified copies from the
primary source, unless otherwise provided by the Board. The Board shall accept
electronic records as provided in M.G.L. c. 110G.
(3)
Foreign Language Licensing
Documents. An applicant or licensee who wishes to submit an original
document or photocopy written in a foreign language must also submit a notarized
translation into English of the documents or copy that is prepared by a United
States translation service.
(4)
Completed Application. An application for initial
licensure or renewal or for reentry into practice status shall be considered
complete when:
(a) It is legible, signed; and
has been sworn to by the applicant;
(b) All required information, documentation and
signatures have been supplied;
(c)
The fee has been paid in full; and
(d) All supplemental information required by
the Board has been supplied.
(5)
Good Moral
Character. Pursuant to M.G.L. c. 112, § 2, all applicants for
licensure and all licensees shall have good moral character.
(a)
Initial License.
An applicant for initial licensure shall submit to the Board a written statement
attesting to his or her good moral character. The statement shall be executed by
a physician, other than a relative, who has known the applicant for a substantial
period of time. The Board especially seeks statements from physicians licensed to
practice in the Commonwealth.
(b)
Renewal License. A renewing licensee shall certify that
he or she is of good moral character biennially, when signing the renewal
application.
(6)
Examination Requirements. Each applicant for licensure
shall fulfill the examination and other requirements for a license as set forth
in
243 CMR 2.00 or as required by
the Board.
(7)
NPI. Each applicant for licensure or renewal shall
provide the Board with his or her NPI number or certify that he or she has
applied for an NPI number and will provide it to the Board upon
receipt.
(8)
CORI. Each applicant for licensure or renewal shall
authorize the Board to access information held by the Massachusetts Criminal
History Systems Board and other law enforcement agencies.
(9)
Malpractice
History. Each applicant for licensure shall provide information and
documentation on any malpractice claim in which he or she was a named defendant,
as required by the Board.
(10)
Criminal History. Each applicant shall provide
information and documentation on any criminal proceeding in which he or she was a
defendant, in accordance with M.G.L. c. 6, § 172(a)(3) and other applicable
state and federal laws. An applicant should not report minor traffic
violations.
(11)
Premedical Education. Each applicant for licensure shall
have completed a minimum of two years in a college or university program
acceptable to the Board.
(12)
Postgraduate Medical Training. Each applicant for
licensure shall satisfy the postgraduate training requirements as set forth in
243 CMR 2.00.
(13)
Applicants for Licensure or
Renewal Who Have Changed Their Names. Each applicant for licensure
or renewal who has been known by a name other than that used on his or her
application shall complete the name change forms used by the Board to verify name
changes, and shall submit the completed forms along with the documentation
required therein.
(14)
Duty to Update Registration Information.
(a)
During the Application
Process. During the initial or renewal application process, an
applicant and a licensee have a duty to report to the Board in writing any change
in the registration information supplied to the Board in support of his or her
application. For an initial application, the process begins on the date the Board
receives the first application submission, and ends on the date the license is
effective. For a renewal application, the process begins 60 days prior to the
anticipated effective date of the license and ends on the date the license is
effective. When the applicant or licensee is in the application process, the
applicant or licensee shall notify the Licensing Division of the Board as soon as
he or she becomes aware of the change in information, but in no event later than
72 hours.
(b)
During the
Licensing Term. From the day after the effective date of a license
or renewal, until the day the next renewal application process begins, a licensee
has a duty to timely report in writing any change in the registration information
that was supplied to the Board in support of his or her application for licensure
or renewal. However, information required under
243 CMR
2.07(8), must be reported to
the Board within 30 days of the date the change occurred, or the date that the
licensee became aware of the change, whichever is later. If no time period is
specified, a report to the Board should be filed within 30 days from the date of
the precipitating event.
(c)
Exception for Certain Health Information. At all times,
physicians who are eligible for the exception to the Mandated Reporting law under
M.G.L. c. 112, § 5F, and
243 CMR
2.07(23) are exempt from
reporting a change in certain health conditions to the Board.
(15)
Withdrawal of
Application. An applicant may withdraw his or her application prior
to review by the Licensing Committee. When a license application is placed on the
agenda of a scheduled meeting of the Licensing Committee or the Board, an
applicant may not withdraw the application, except in extraordinary circumstances
and with the unanimous vote of the full Board. 243 CMR 2.04(15) does not apply to
applicants who cannot comply with the Board's medical education requirements for
graduates of international medical schools and graduates of Fifth Pathway
programs, and who have submitted a waiver request pursuant to
243
CMR 2.03(4).
(16)
Preliminary Denial of
Licensure.
(a) The Board may
preliminarily deny a license application upon a determination that the applicant
does not meet the requirements for licensure as set forth in 243 CMR and M.G.L.
c. 112 or because of acts which, were they engaged in by a licensee, would
violate M.G.L. c. 112, § 5 or
243 CMR
1.03(5).
(b) If the Board preliminarily denies a license
application pursuant to 243 CMR 2.04(14), the Board will notify the applicant in
writing of the following:
1. The facts relied
upon as the basis for the preliminary denial;
2. The statutes or regulations which enable the
Board to preliminarily deny a license application; and
3. The applicant's right to request a hearing,
in writing, within 21 days of such notification from the Board. The hearing
referred to in 243 CMR 2.04(14) is a licensing hearing conducted by the Board and
is not a disciplinary proceeding.
(c) Upon receipt of an applicant's request for
a hearing which meets the requirements of 243 CMR 2.04(14), the Board shall grant
such request if:
1. The applicant has specified
a factual or legal basis for overturning the preliminary denial; and
2. The Board determines that specific factual
or legal issues, if further developed at a hearing, would be sufficient to
overturn the preliminary denial.
(d) If, after the expiration of the time in
which to request a hearing, or after the Board's decision not to grant a hearing,
or after a hearing, the Board decides that the applicant should not be licensed,
the Board may vote to deny the license application. If, after a hearing, the
applicant has demonstrated to the Board's satisfaction that a license should be
issued, the Board shall vote to issue a license. The Board may issue policies or
guidelines on the procedures relating to the preliminary denial of a
license.
