THE COMMONWEALTH OF MASSACHUSETTS

Suffolk, ss. Division of Administrative Law Appeals

Board of Registration in
Medicine,

Petitioner

v. Docket No. RM-08-29

Joseph Conway, M.D.,

Respondent

Appearance for Petitioner:

Luz Carrion, Esquire

Complaint Counsel
Board of Registration in Medicine
200 Harvard Mill Square, Suite 200
Wakefield, MA 01880

Appearance for Respondent:

W. Scott Liebert, Esquire
Susan M. Berg, Esquire


The Chatham Center
29 Crafts Street, Suite 500
Newton, MA 02460

Administrative Magistrate:

Judithann Burke

CASE SUMMARY


Physician who did not have malpractice insurance coverage for certain stretches of time violated a regulation of the Board of Registration in Medicine (BRM)and is subject to discipline by said board.

RECOMMENDED DECISION

On January 9, 2008, the Petitioner, Board of Registration in Medicine (Board), issued a Statement of Allegations wherein it ordered the Respondent, Joseph J. Conway, M.D., to show cause why he should not be disciplined because it had reason to believe that he practiced medicine without malpractice insurance. G.L. c. 112 § 5 and 243 CMR 1.03(5)(a)11.

On January 9, 2008, the matter was referred to the Division of Administrative Law Appeals (DALA). A pre-hearing conference was held on March 14, 2008. Thereafter, the parties entered into negotiations and filed a series of Status Reports. On June 2, 2009, the parties filed a Joint Status Report therein indicating that they had signed a Stipulation in this matter that contains Findings of Fact and Conclusions of Law. The Joint Status Report is attached hereto as Exhibit 1.

On June 2, 2009, the parties submitted a Stipulation containing twenty (20) Findings of Fact and two (2) Conclusions of Law, executed by Dr. Conway, his counsel and Board's counsel. The Stipulation is incorporated herein by reference and has been attached and labeled Exhibit 2. Other than the facts as stipulated in the Stipulation and the admissions contained therein, I have not taken evidence with respect to the facts of this matter. Based on the facts as stipulated, I conclude that the Conclusions of Law set forth in the Stipulation are warranted and I hereby adopt them.

Based on the foregoing I recommend that the Board impose such discipline on Dr. Conway as it deems appropriate in light of the facts and conclusions of law as stipulated by the parties.

DIVISION OF ADMINISTRATIVE LAW APPEALS,
BY:

Judithann Burke
Administrative Magistrate

DATED: July 29, 2009
DATED: