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March 05, 2024 Mist | 39°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 53B: Physician staff privileges; report of denial, restriction, revocation or failure to renew; liability of informant; annual disciplinary summary; penalty

Section 53B. Any person licensed under section fifty-one shall report to the board of registration in medicine when the licensee denies, restricts, revokes, or fails to renew staff privileges, or accepts the resignation of, any physician registered with the board as qualified to practice medicine in the commonwealth for any reason related to the registrant's competence to practice medicine or for any reason related to a complaint or allegation regarding any violation of law or regulation, or hospital, health care facility or professional medical association by-laws, whether or not the complaint or allegation specifically cites violation of a specific law, regulation or by-law. The report shall be filed within thirty days of the occurrence of the reportable action and include a statement detailing the nature and circumstances of the action, its date, and the reasons for it. Except as provided in section five of chapter one hundred and twelve, all information contained in a report filed under this section shall be confidential, and the board may disclose it only if doing so is necessary to enable the board to use the information in a disciplinary proceeding against the registrant. Any person reporting information to the board under this section shall not be civilly liable for reporting such information if made and filed in good faith and without malice.

Any licensee subject to the reporting requirements set forth above shall file an annual disciplinary summary with the board of registration in medicine. The annual disciplinary summary shall be filed no later than January thirty-first for each previous calendar year. The annual disciplinary summary shall summarize the reports submitted for the previous calendar year. The annual disciplinary summary shall be sent by certified or registered mail, and it shall be under oath. If the licensee submitted no reports for the previous calendar year, then the annual disciplinary summary shall state that no reports were required. The board of registration in medicine shall promulgate such regulations as are necessary to carry out the intent of this section.

Upon a finding of violation of this section, the board of registration in medicine may assess a fine not in excess of ten thousand dollars.