Definition of Disciplinary Action

Specific definitions of what is considered to be a disciplinary action per 243 CMR 3.02

Disciplinary actions include:

1. 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).
2. An action which is:
   1. formal or informal, or
   2. oral or written. (Except an oral reprimand or admonition is not a "disciplinary action.")
3. Any of the following actions or their substantial equivalents, whether voluntary or involuntary:
   1. Revocation of a right or privilege.
   2. Suspension of a right or privilege.
   3. Censure.
   4. Written reprimand or admonition.
   5. Restriction of a right or privilege.
   6. Non-renewal of a right or privilege.
   7. Fine.
   8. Required performance of public service.
   9. 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.
   10. Denial of a right or privilege.
   11. Resignation.
   12. Leave of absence.
   13. Withdrawal of an application.
   14. Termination or non-renewal of a contract with a licensee.
4. Divisions (e), (f) and (j) through (n) above are "disciplinary actions" only if they relate, directly or indirectly, to:
   1. the licensee's competence to practice medicine, or
   2. 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.
5. 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:
   1. the licensee's competence to practice medicine, or
   2. 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 [phone].