Mass. Gen. Laws ch. 112 § 9H

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 112:9H - Complaints; investigation; disciplinary actions; liability of complainant or informant

The board shall investigate all complaints relating to the proper practice of any physician assistant holding a certificate of registration under sections nine C to nine K, inclusive, and all complaints relating to any violation of said sections; provided, however, that notwithstanding any general or special law to the contrary, no person shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as those terms are defined in section 11I¹/₂of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standards of conduct for physician assistants if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified physician assistant based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services that, as provided, would have been lawful and consistent with the standards of conduct for physician assistants if they occurred entirely in the commonwealth..

Nothing in this section shall be construed to regulate the practice of physician assistants in any other state.

The board may, after a hearing pursuant to chapter thirty A, revoke, suspend or cancel the certificate of registration or reprimand, censure or otherwise discipline a physician assistant registered under said sections nine C to nine K, inclusive upon proof satisfactory to a majority of the board that said physician assistant:

(a) fraudulently procured said certificate of registration;

(b) is guilty of an offense against any provision of the laws of the commonwealth relating to the authorized practice of physician assistants or any rule or regulation adopted thereunder;

(c) is guilty of gross misconduct in practicing as a physician assistant or of practicing fraudulently or beyond the scope of authorized physician assistant practice or with gross incompetence or with gross negligence on a particular occasion or negligence on repeated occasions;

(d) is guilty of practicing as a physician assistant while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;

(e) is guilty of being habitually intoxicated or being or having been within the past two years addicted to, dependent on or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects;

(f) is guilty of knowingly permitting, aiding or abetting an unlicensed person to perform activities requiring a license for purposes of fraud, deception or personal gain, excluding activities permissible under any provision of the laws of the commonwealth relative to the training of medical providers in authorized health care institutions and facilities;

(g) has been convicted of a criminal offense which reasonably calls into question his ability to practice as a physician assistant;

(h) is guilty of violating any rule or regulation of the board governing the practice of physician assistants.

No person filing a complaint or reporting or providing information pursuant to this section or assisting the board at its request in any manner in discharging its duties and functions shall be liable in any cause of action arising out of the receiving of such information or assistance; provided, however, that the person making the complaint or reporting or providing such information or assistance does so in good faith and without malice. The board shall keep confidential any complaint, report, record or other information received or kept by the board in connection with an investigation conducted by the board pursuant to this section; and provided, further, that, except to the extent that disclosures of records or other information may be restricted as otherwise provided by law or by the board's regulations, investigative records or information of the board shall not be kept confidential after the board has disposed of the matter under investigation by issuing an order to show cause, by dismissing a complaint or by taking other final action nor shall the requirement that investigative records or information be kept confidential, at any time, apply to requests from the person under investigation, the complainant or other state or federal agencies, boards or institutions as the board shall determine by regulation.

Mass. Gen. Laws ch. 112, § 9H

Amended by Acts 2022, c. 127,§ 11, eff. 7/29/2022.