These "mandated reports" include, but are not limited to, the following:
- disciplinary action" reports by health care facilities (M.G.L. c.111, §§ 53B and 203, 243 CMR 2.07 (17) and 3.13);
- disciplinary action" reports by professional medical associations or organizations (M.G.L. c. 112, §5B);
- allegations of physician misconduct by health care providers, referred to as "peer reports" (M.G.L. c. 112, §5F);
- allegations of physician misconduct by government agencies and other governmental entities (including their officers or employees) who have oversight of medical or health services (M.G.L. c. 112, §5D);
- "closed claim" reports by medical malpractice insurers (M.G.L. c. 112, §5C);
- court reports of medical malpractice matters (M.G.L. c. 231, §60B); and
- court reports of criminal convictions (M.G.L. c. 221, §26).
This section contains links to instructions and forms for submitting certain of these mandated reports to the Board.
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 is in violation of Massachusetts General Laws chapter 112, §5, or any of the Board's regulations. Such violations include substandard care, prescription violations, insurance fraud, sexual misconduct or other boundary violations, and practicing while impaired (although there are exceptions in some impairment cases). If your report is filed in good faith, state law protects you from being discriminated against by an employer for reporting.
Additional Resources for Peer Reports
Health Care Facility Disciplinary Action Reports
State law mandates that health care facilities file reports of disciplinary actions against physicians. MGL c. 111, §§53B and 203. The Data Repository Unit of the Board of Registration in Medicine maintains a record of reported disciplinary actions and subsequent modifications taken against physicians. Further information on reporting requirements is in 243 CMR §2.14(5) and 3.13(3).
Here are the specific instructions on completing each HCFD report, and a series of hypothetical questions and answers (FAQ) offered to provide guidance in interpreting the statutory and regulatory reporting requirements.
Additional Resources for Health Care Facility Disciplinary Action Reports
Professional Organizations Reports
These instructions explain how to complete and file the Professional Organization Disciplinary Action Report (Form POD-1). This report is designed to provide the Board of Registration in Medicine with a record of any disciplinary action taken by a professional organization (as defined below) against any person licensed by the Board of Registration in Medicine (i.e., a Medical Doctor or a Doctor of Osteopathy). Filing of this report is required by Chapter 112, section 5B of the Massachusetts General Laws. Communications with the Board, as required under this statute, are provided with certain legal protections. (See Chapter 112, section 5G.)
Additional Resources for Professional Organizations Reports
Professional Liability Insurance Report of Closed Claim
A claim is any demand for damages (whether or not for a specified amount, and whether or not a lawsuit has been filed) for personal injuries alleged to have been caused by error, omission or negligence in the performance of professional services, communicated orally or in writing to the reporting insurer or risk management organization.
Pursuant to G.L. chapter 112 section 5C, Form PLICC must be filed with the Board within thirty (30) days after any of the following events:
- a final judgment
- a settlement, or
- a final disposition not resulting in payment on behalf of the insured