Pursuant to Massachusetts General Laws chapter 112, § 5F, a physician or other health care provider must file a report (a "5F report") with the Board of Registration in Medicine (the "Board") when he or she has a reasonable basis to believe that a physician has engaged in conduct that violates Massachusetts General Laws chapter 112, §5, or any of the Board's regulations. Examples of the type of conduct that should be reported include substandard care, prescription violations, insurance fraud, sexual misconduct or other boundary violations, and, with a limited exception described in the instructions below, practicing while impaired. State law protects a health care provider who submits a mandated peer report in good faith from employer discrimination or retaliation.
Peer Report Instructions
There is no specific form, but the report must be in writing. The Board strongly encourages you to email the report to: BORIM_DataRepositoryUnit@mass.gov.
You may also mail or fax the report to:
Data Repository Counsel
Board of Registration in Medicine
178 Albion Street, Suite 330
Wakefield, MA 01880
Fax: 781-876-8380
Please explain in as much detail as possible the incident or circumstances causing you to file the report.
Practice while Impaired. There is a limited exception at Massachusetts General Laws, chapter 112, § 5F and 243 CMR 2.07(23) that applies to physicians who entered into a board approved mental health, drug or alcohol program after an incident of practicing medicine while impaired. The necessary criteria to qualify for this peer reporting exception are:
(1) no other violation of Board law is alleged,
(2) no allegation of patient harm is involved, and
(3) the reporter obtains direct confirmation, within 30 days of forming a reasonable basis to believe the physician has engaged in impaired practice, from a Board- approved mental health, drug or alcohol program that the physician is in compliance with the program.
What happens after the Board receives a 5F Report?
Statutory and regulatory reports, including 5F reports, are reviewed by the Data Repository Unit (the "DRU"). If the review confirms that the type of conduct alleged in the report violates Board enforced laws, the DRU refers the report to the Board's Enforcement Division for investigation and appropriate action.
When a report is referred to the Enforcement Division, you may be contacted by a Special Investigator or by the Complaint Counsel assigned to the case. The Enforcement Division may also notify the physician of the general substance of the report and request the physician’s response. The Enforcement Division’s correspondence with the physician will summarize the allegations in the report. At this stage, the Enforcement Division generally does not specify the name of the reporter to the physician, however depending on the nature of the allegations, the physician may be able to deduce the identity of the reporter from the summary. The Enforcement Division may also obtain additional information, such as patient medical records, as part of its investigation.
During the investigation, the Board maintains the confidentiality of the existence of the report, the identity of reporter and the allegations in the report from public access. If, after investigation, the Board determines that it will not initiate disciplinary proceedings or pursue discipline, the existence of the report and its contents remain confidential. In such cases, you will not receive notice of the outcome of the report. However, once the Board initiates formal disciplinary proceedings, imposes discipline by agreement with the physician or accepts the physician’s resignation of licensure, the report becomes accessible as a public record. In cases that progress to a formal disciplinary proceeding, the Enforcement Division may ask you to serve as a witness. The Board publishes information about disciplinary actions and resignations on the Board’s website.
If you have any questions about this process, or the status of your report, please contact the Board's Data Repository Counsel at BORIM_DataRepositoryUnit@mass.gov.
Laws and Regulations
In addition, you may wish to consult other laws and regulations, including the following: MGL c. 112 §§ 5, 5F and 5G(b); MGL c. 111 § 1; 243 CMR 1.03(5) and (14) and 243 CMR 2.07 (23).
| Date published: | November 8, 2023 |
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