Physician misconduct

Who must report:

What to report:

There is a lengthy list of circumstances that may be considered physician misconduct and that should be reported to the Board of Registration in Medicine if you have a “reasonable basis to believe” the misconduct occurred. This list includes, but is not limited to:

• Misconduct in the practice of medicine
• Practicing medicine fraudulently, beyond its authorized scope, or with gross incompetence
• Gross negligence on a particular occasion or negligence on repeated occasions
• Practicing medicine while impaired or being habitually drug
• Conviction of any crime
• Prescription violations
• Sexual misconduct or other boundary violations.

There is an exception in the law related to a physician’s participation in a drug or alcohol program. You are not required to report the physician if the complaint is solely based on the physician’s impairment by, dependence on, or misuse of alcohol or drugs; and it involves no allegation of patient harm or other violation of a Board statue or regulation; and you obtained direct confirmation from a qualified drug or alcohol program (within 30 days) that the physician is complying with the program.

For more information and further examples of specific grounds for a misconduct complaint, see the peer reports section of the Board’s website.

How to report:

Within 30 days, file a written report with the Board (often called a “Peer Report” or “5F Report”). No specific form is required, but the report should describe the incident or circumstances in as much detail as possible. Mail or fax the report to the Data Repository Counsel.

Contact:

Data Repository Counsel
Board of Registration in Medicine
200 Harvard Mill Square, Suite 330
Wakefield, MA 01880
Fax: 781-876-8380

For questions, contact the Board’s Data Repository Counsel at 781- 876-8200.

Laws:

• MGL c. 112, § 5F
• 243 CMR § 2.14(5), (e)
• 243 CMR 2.07(23)
• 243 CMR 1.03(5)