A Consumer Guide To Filing a Complaint
When a consumer contacts the Board of Registration in Medicine to file a complaint against a specific Massachusetts physician or acupuncturist, the Consumer Protection Unit sends that consumer an intake form. The intake form should be filled out completely and clearly. The complaint intake form can be downloaded from the Board’s web site at www.massmedboard.org. The Board may provide a copy of the completed complaint intake form to the physician or acupuncturist.
When the Board receives a complaint intake form, it reviews the informatin to determine if the matter falls within the Board's jurisdiction. if the matter does fall within the Board's jurisdiction, a complaint will be docketed and the matter investigated by Board staff. The Board notifies the consumer by letter of this decision.
When the Board dockets a complaint, the complaint may be sent to the physician for a response, which is due 30 days from the date of the Board’s request. The consumer may receive a copy of the response.
The Board may undertake additional investigation, such as obtaining and reviewing medical records and interviewing witnesses. Then the complaint and physician response and other pertinent materials are presented to the Board’s Complaint Committee, along with a synopsis of all the other information about the doctor in the Board’s files. The Complaint Committee is a subcommittee of the Board, consisting of at least two Board members, one of whom is a physician.
At this stage, the Complaint Committee can take a number of actions, including the closure of the complaint; closure with a letter of advice, concern or warning to the physician; a request for further investigation; or a recommendation to the full Board for disciplinary action against the physician. If the Complaint Committee recommends disciplinary charges against the physician, the physician is entitled to due process of law, including an administrative hearing, before any final disciplinary action is taken by the Board.
After Closure, Then What?
After the Board has concluded its investigation, the complaint, the physician’s response, and many of the investigative materials developed during the Board’s review of the case, become part of the physician’s file and may be accessible to the public. Any member of the public may request a copy of the closed complaint file by contacting the Board’s Public Information Call Center at 1-800-377-0550, and paying a nominal charge.
A decision by the Complaint Committee to close a complaint is final and cannot be appealed. Complainants must keep in mind that the decision to close a complaint indicates only that further investigation is not likely to result in discipline of the physician, and therefore is not the best use of public resources. The Complaint Committee’s action is not a comment on the reality, pain or frustration of a complainant’s experience.
Disclaimer
The preceding information is an interpretation of the Board’s regulations and advice given by the Education and Outreach Division. The information is provided for the benefit of consumers and is subject to change. You may refer to the Board’s regulations, 243 CMR, for more information.
A full copy of the Regulations, along with other information, is available at no charge to the consumer on the Board’s web site by clicking here
The Board also operates a toll-free consumer information line at 1-800-377-0550.
Board of Registration in Medicine
200 Harvard Mill Square, Suite 330
Wakefield, MA 01880 |
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