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Frequently Asked
Consumer Questions
Profile Questions
Q. What is the Board of Registration in Medicine?
Q. What committees has the Board established?
Q. What is the "Physician Profiles" site?
Q. What type information will I find listed on Profiles?
Q. Can I download the profile of any physician?
Q. What if l don't have online capability?
Q. What does "ABMS Board Certified" mean?
Q. Does a physician need to be board-certified?
Q. What can you tell me about malpractice claims?
Q. What can you tell me about medical malpractice payments?
Q. I just pulled up my physician's profile and note that s/he has been disciplined by the Board. How do I get additional information?
Q. Is there a fee for this service?
Q. If the action is listed under Hospital Discipline, can the Board give me information about it?
Q. What is a Summary Suspension?
Q. What is DALA?
Q. What is a Revocation of License?
Q. What is a Final Decision and Order?
Complaint Questions
Q. I want to file a complaint against my doctor. What should I do?
Q. What are the grounds for filing a complaint?
Q. I would rather not let my doctor know I am complaining to the Board. Do you accept anonymous complaints?
Q. Is there a time limit for filing my complaint?
Q. How can I check on the progress of my complaint?
Q. Will my doctor find out that I filed a complaint?
Q. What happens if the doctor does not respond to the Board about my complaint?
General Questions:
Q. Where can I find out my legal rights as a patient?
Q. Who can help me with problems related to managed care referrals, denials, and appeals?
Q. My doctor told me that s/he does not want me as a patient any more. Can s/he suddenly treating me?
Q. Can the doctor refuse to provide me with copies of my medical records because I owe money for medical treatment?
Q. How long must a doctor keep medical records?
Q. How can I get my medical records if my doctor has died?
Q. Are chaperones required during an examination?
Q. How good is my doctor -is there a ranking system?
Q. I'm having surgery in my doctor's office. Is this appropriate?
Profile Questions
Q. What is the Board of Registration in Medicine?
A. The Massachusetts Board of Registration in Medicine, established
in 1894, is the state government agency that licenses and regulates
physicians in Massachusetts. It consists of seven members (5 physicians
and 2 public members) appointed by the Governor to three-year terms.
A member may serve only two consecutive terms. Each member also serves
on one or more Committees of the Board.
Q. What committees has the Board established?
A. The following is a list of Committees:
- Complaint Committee -Reviews allegations against physicians and recommends cases for disciplinary action to the full board.
- The Data Repository Committee -Reviews reports filed on physicians from statutorily-mandated reporting sources. These include malpractice payments, hospital discipline reports, and reports filed by other health care providers.
- The Licensing Committee -Reviews applications for licensure and requests for waivers from Board requirements. The members present candidates for licensure to the whole Board for full and limited licensure.
- The Patient Care Assessment Committee -Works with hospitals
and other institutions to improve quality assurance programs through
the review of Major Incident Reports. These reports describe adverse
outcomes, full medical reviews of the incidents, and the corrective
action plans of the facilities. The Committee's mission is to
prevent patient harm by strengthening medical quality assurance
programs in all institutions. The PCA program has become a national
model for health care excellence, as noted in the Institute
of Medicine Report on the prevention of medical errors.
- The Committee on Acupuncture -Oversees the licensing and discipline of licensed acupuncturists.
Q. Listed on your web site is a link to "Physician Profiles" "http://profiles.massmedboard.org/MA-Physician-Profile-Find-Doctor.asp". What is its primary purpose?
A. The first of its kind in any state in this country, the Physician Profiles project was developed to help health care consumers make informed decisions when choosing a physician. The link will give you access to all active Massachusetts physicians' profiles.
Q. What type information will I find listed on Profiles?
A. The listing includes a physician's business and professional information, education and training background, hospital affiliations, insurance plans accepted, paid malpractice claims, hospital discipline, criminal history and board discipline.
Q. Can I download the profile of any active physician?
A. Yes. It's printer-friendly.
Q. What if l don't have online capability?
A. You can obtain the same information by contacting our Call Center at 1-800-377-0550, Monday through Friday, from 9:00 am to 5:00 pm You may also visit any public library that has computer access and access our web site at www.massmedboard.org.
Q. What does ABMS Board Certified stand for on the profile?
A. ABMS stands for the American Board of Medical Specialties. ABMS is a national organization that tests physicians in order to prove their knowledge in their fields of specialty. The ABMS sets standards for additional training in fields, as well. Physicians who met these additional requirements and tests and may be Board-certified by ABMS. To visit the ABMS website, click here
Q. Does a physician need to be board-certified?
A. Board certifications are voluntary. However, some hospitals and insurance plans require their doctors to be board-certified. Usually, a doctor has to finish a residency in his/her specialty before he/she is eligible to take the examination.
Q. What can you tell me about malpractice claims?
A. The Board of Registration in Medicine can only give you the docket numbers of the cases and the courts where they were filed. The Board does not have any additional information about pending cases.
Q. What can you tell me about medical malpractice payments?
A. Some studies have shown that there is no significant correlation between malpractice history and a doctor's competence. At the same time, the Board believes that consumers should have access to malpractice information. When considering malpractice data, please keep in mind that malpractice histories tend to vary by specialty. Some specialties are more likely than others to be the subject of litigation. The Board has placed payment amounts into three statistical categories: below average, average and above average. To make the best health care decisions, you should view this information in perspective. The report compares doctors ONL Y to the members of their specialty, not to ALL doctors.
Q. I just pulled up my physician's profile and note that s/he has been disciplined by the Board. How do I get additional information?
A. Just send a public information request to the Board via mail, e-mail or by fax to the Call Center. Please include your return address.
By mail: Board of Registration in Medicine, 200 Harvard Mill Square, Wakefield, MA 01880
Attention: Call Center
By fax: 781-876-8383
By email: Ma.Profiles@state.ma.us
Q. Is there a charge for this service?
A. The Board does not charge for profiles. However, if you are requesting additional documentation on a disciplinary action, state law provides that if it is for more than 25 pages, you may be charged $.20 per page and an hourly rate of $29.00 for clerical services.
Q. If the action is listed under Hospital Discipline, can the Board of Registration in Medicine supply me with this information?
A. No. You will need to contact that hospital directly for any public information.
Q. What is a Summary Suspension?
A. If the Board determines that a licensee poses an immediate and serious threat to the public health, safety or welfare, the Board may suspend or refuse to renew a license, pending a final hearing on the merits of the Statement of Allegations. The Board must provide a hearing on the necessity for summary action within seven days after the suspension. If the Board determines that a licensee poses a serious but not immediate threat to the public health, safety or welfare, the Board may order the licensee to file opposing affidavits or other evidence within three (3) business days. Based upon the evidence before it, the Board may then suspend or refuse to renew the license, pending a final hearing on the merits of the Statement of Allegations. These hearings are conducted by Administrative Law judges at the Division of Administrative Law Appeals (DALA).
Q. What is DALA?
A. The Division of Administrative Law Appeals (DALA) is an independent state agency that conducts adjudicatory hearings. At DALA, the Administrative Magistrates are independent from the agency whose action is being tried. Its objective is to conduct hearings and issue legally competent decisions. For further information, go to their web site at http://www.mass.gov/?pageID=afagencylanding&L=4&L0=Home&L1=Hearings+%26+Appeals&L2=Oversight+Agencies&L3=Division+of+Administrative+Law+Appeals&sid=Eoaf
Q. What is a Revocation of License?
A. It is the cancellation or revocation of a physician's license, which is effective for at least five (5) years, unless the Board orders otherwise. This is the most serious sanction that the Board can impose.
Q. What is a Final Decision and Order?
A. A Final Decision and Order is the final action of the Board resolving a disciplinary matter. In disposing of disciplinary charges brought by the Board, it may revoke, suspend, or cancel the certificate of registration (license), 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, require a course of education or training or otherwise discipline or limit the practice of the physician.
Complaint Questions
Q. I want to file a complaint against my doctor. What should I do?
A. Just access our web site at www.massmedboard.org and press the Consumer Information link to download a complaint form. If you do not have Internet access, you may contact the Board of Registration in Medicine at 1-800-377-0550 to obtain a complaint form. You may also mail your request to the Board of Registration in Medicine, 200 Harvard Mill Square, Suite330, Wakefield, MA 01880.
Q. What are the grounds for complaint?
A. A complaint against a physician must allege that a physician is practicing medicine in violation of law, regulations, or good and accepted medical practice. Some of the specific grounds for discipline include:
- Fraudulent procurement of his/her certificate of registration or its renewal.
- Commitment of an offense against any provision of the laws of the Commonwealth relating to the practice of medicine, or any rule or regulation adopted thereunder.
- Conduct which places into question the physician's competence to practice medicine, including but not limited to gross misconduct in the practice of medicine, or practicing medicine fraudulently, or beyond its authorized scope, or with gross incompetence, or with gross negligence on a particular occasion or negligence on repeated occasions.
- Practicing medicine while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability.
- Being habitually drunk or being or having been addicted to, dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects.
- Knowingly permitting, aiding or abetting an unlicensed person to perform activities requiring a license.
- Conviction of any crime.
- Continuing to practice while his/her registration is lapsed, suspended, or revoked.
- Being insane.
- Practicing medicine deceitfully, or engaging in conduct that has the capacity to deceive or defraud.
- Violation of any rule or regulation of the Board.
Q. What if I don't want my doctor to know I am complaining to the Board. Do you accept anonymous complaints?
A. Anonymous complaints are very difficult to investigate. Unless clear and specific information is provided, such as patient names or record numbers and dates and types of treatment, the Board is unable to open the complaint. However, the information will be maintained on an internal (nonpublic) database, for possible use in a future investigation.
Q. Is there a time limit for filing my complaint?
A. The Board, as a rule, does not investigate any complaint based on an event occurring more than six years prior to it being filed at the Board. Board regulation 243 CMR 1.03 (16), concerning stale matters, gives the Board discretion to extend this time limit, but it can only do so for extreme circumstances.
Q. How can I check on the progress of my complaint?
A. Contact the Board and ask to be referred to the Consumer Protection Unit.
Q. Will my doctor find out that I filed a complaint?
A. Yes. During the Board's investigation, your complaint will be sent to the physician and he/she will be asked to respond.
Q. What happens if the doctor does not respond to the Board about my complaint?
A. If the doctor does not respond to the Board's initial or follow-up inquiries regarding a complaint, the Board can open another case on that basis alone. As the licensing agency for physicians, the Board takes such a failure very seriously. The Board can and has disciplined physicians simply for not responding.
General Questions:
Q. Where do I find out my legal rights as a patient?
A. Link on to www.state.ma.us/legis/laws/mgl. Typing in Chapter 111, Section 70, will allow you to access the information.
Q. Who can assist me with problems related
to managed care referrals, denials, and appeals?
A. You may contact the Office of Patient Protection at 1-800-436-7757.
Q. My doctor told me that he/she does not want me as a patient any more. Can s/he suddenly stop treating me?
A. As long as you are not in the midst of an acute problem
for which lack of immediate follow-up would be dangerous to your health,
the doctor may terminate the relationship. Although not required by
law, the protocol recommended in these situations is that the doctor
provides the patient with a list of referral doctors and continues
to see the patient for emergencies for thirty days following the termination.
Q. Can the doctor refuse to provide me with copies of my medical records because I owe money for medical treatment?
A. No. The physician can charge for copying costs, however. Physicians are allowed to charge a base cost of $15 for each request. Furthermore, physicians are allowed to charge $.50 per page for copying the first 100 pages of a patient's record, and $.25 per page for every page in excess of 100 pages. Additionally, physicians are allowed to charge for postage.
Q. How long must a doctor keep medical records?
A. Doctors must keep medical records for seven years after last patient contact.
Q. What if my doctor is deceased?
A. If a doctor is deceased, and it has been less than seven years since the last patient contact, the patient needs to locate the Executor of the estate. This can be done through the local probate court.
Q. Are chaperones required during an examination?
A. There is no specific legal requirement. The Board strongly suggests, however, that a chaperone be present during full examinations of patients for the comfort and protection of both the patient and the physician, particularly when a physician is performing a gynecological exam.
Q. How good is my doctor -- is there a ranking system?
A. No. The Board does not rank physicians. However, it does provide consumers with a variety of information through its Physician Profiles program.
Q. I'm having surgery in my doctor's office. Is this appropriate?
A.The board has endorsed guidelines adopted by the Massachusetts Medical Society regarding office based surgery. The guidelines establish three levels of anesthesia required for a procedure, and what type of facility, medical personnel and emergency equipment and protocols must be present whenever each type of anesthesia is going to be used. The guidelines may be found here.
Board of Registration in Medicine
200 Harvard Mill Square, Suite 330
Wakefield, MA 01880
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