Bill S.2323

FILED ON: 6/20/2012

SENATE . . . . . . . . . . . . . . No. 2323

The Commonwealth of Massachusetts

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In the Year Two Thousand Twelve

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An Act relative to disciplinary actions under the Board of Registration in Medicine.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 5F of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in the first paragraph, after the word “eleven” in the first sentence, the words, “and including a pharmacist registered and practicing under 24 to 36, inclusive; nurse practitioner, licensed and practicing under 74 to 80H, inclusive; physician assistant, licensed and practicing under 9C to 9K, inclusive; and acupuncturist licensed and practicing under 148 to 162, inclusive”.

SECTION 2. Section 5F of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting, in the second paragraph, after the words “requirements of a” in the fifth sentence, the words, “mental health,”.

SECTION 3. Section 6 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out in the first sentence the following words: “by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not less than one month nor more than one year, or both”, and by inserting in place thereof the following:-

by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years, or both such fine and imprisonment.

SECTION 4. Section 159 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out in the first sentence the following words: “by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment for not less than three months, or both such fine and imprisonment”, and by inserting in place thereof the following:-

by a fine of not more than five thousand dollars, or by imprisonment in the state prison for not less than two and one-half years nor more than five years, or imprisonment in a jail or house of correction for not more than two and one-half years, or both such fine and imprisonment.

SECTION 5. Section 160 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out in the second sentence the following words: “by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment for not less than one month nor more than one year, or both”, and by inserting in place thereof the following:-

SECTION 6. Section 5 of Chapter 112 of the General Laws is hereby amended by striking out paragraphs 6 through 8, inclusive, and inserting in place thereof the following four paragraphs: -

The board shall collect the following information reported to it to create individual profiles on licensees and former licensees, in a format created by the board that shall be available for dissemination to the public:

(a) a description of any criminal convictions for felonies and serious misdemeanors as determined by the board. For the purposes of this subsection, a person shall be deemed to be convicted of a crime if he pleaded guilty or if he was found or adjudged guilty by a court of competent jurisdiction;

(b) a description of any charges for felonies and serious misdemeanors as determined by the board to which a physician pleads nolo contendere or where sufficient facts of guilt were found and the matter was continued without a finding by a court of competent jurisdiction;

(d) a description of any final disciplinary actions by licensing boards in other states;

(e) a description of revocation or involuntary restriction of privileges by a hospital, clinic or nursing home under the provisions of chapter 111, or of any employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth, for reasons related to competence or character that have been taken by the hospital, clinic or nursing home or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth governing body or any other official of the hospital, clinic or nursing home or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth after procedural due process has been afforded, or the resignation from or nonrenewal of medical staff membership or the restriction of privileges at a hospital, clinic or nursing home or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth taken in lieu of or in settlement of a pending disciplinary case related to competence or character in that hospital, clinic or nursing home or of any employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth ;

(f) all medical malpractice court judgments and all medical malpractice arbitration awards in which a payment is awarded to a complaining party and all settlements of medical malpractice claims in which a payment is made to a complaining party. Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement. Information concerning paid medical malpractice claims shall be put in context by comparing an individual licensee’s medical malpractice judgment awards and settlements to the experience of other physicians within the same specialty. Information concerning all settlements shall be accompanied by the following statement: “Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.” Nothing herein shall be construed to limit or prevent the board from providing further explanatory information regarding the significance of categories in which settlements are reported.

Pending malpractice claims shall not be disclosed by the board to the public. Nothing herein shall be construed to prevent the board from investigating and disciplining a licensee on the basis of medical malpractice claims that are pending.

(g) names of medical schools and dates of graduation;

(h) graduate medical education;

(i) specialty board certification;

(j) number of years in practice;

(k) names of the hospitals where the licensee has privileges;

(l) appointments to medical school faculties and indication as to whether a licensee has a responsibility for graduate medical education within the most recent ten years;

(m) information regarding publications in peer-reviewed medical literature within the most recent ten years;

(n) information regarding professional or community service activities and awards;

(o) the location of the licensee’s primary practice setting;

(p) the identification of any translating services that may be available at the licensee’s primary practice location;

(q) an indication of whether the licensee participates in the medicaid program.

The board shall provide individual licensees with a copy of their profiles prior to release to the public. A licensee shall be provided a reasonable time to correct factual inaccuracies that appear in such profile.

A physician may elect to have his profile omit certain information provided pursuant to clauses (l) to (n), inclusive, concerning academic appointments and teaching responsibilities, publication in peer-reviewed journals and professional and community service awards. In collecting information for such profiles and in disseminating the same, the board shall inform physicians that they may choose not to provide such information required pursuant to said clause (l) to (n), inclusive.

For physicians who are no longer licensed by the board, the board shall continue to make available the profiles of such physicians, except for those who are known by the board to be deceased. The board shall maintain the information contained in the profiles of physicians no longer licensed by the board as of the date the physician was last licensed, and include on the profile a notice that the information is current only to that date.