Definition of "Disciplinary Action" (243 CMR 3.02)
- An action of any entity, including, but not limited to, a governmental
authority, a health care facility, an employer, or a professional
medical association (international, national, state or local).
- An action which is:
- formal or informal, or
- oral or written. (Except an oral reprimand or admonition is
not a "disciplinary action.”)
- Any of the following actions or their substantial equivalents,
whether voluntary or involuntary:
- Revocation of a right or privilege.
- Suspension of a right or privilege.
- Censure.
- Written reprimand or admonition.
- Restriction of a right or privilege.
- Non-renewal of a right or privilege.
- Fine.
- Required performance of public service.
- 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.
- Denial of a right or privilege.
- Resignation.
- Leave of absence.
- Withdrawal of an application.
- Termination or non-renewal of a contract with a licensee.
- Divisions (e), (f) and (j) through (n) above are "disciplinary
actions" only if they relate, directly or indirectly, to:
- the licensee's competence to practice medicine, or
- a complaint or allegation regarding any violation of law or
regulation (including, but not limited to, the regulations of the
Board) 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, regulation, or bylaw.
- If based only upon a failure to complete medical records in
a timely fashion and/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:
- the licensee's competence to practice medicine, or
- 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.
If you have questions concerning reporting requirements, or completion
of the Board's disciplinary action forms, please call the Board's
Data Repository Counsel at (781) 876-8200.
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