243 Mass. Reg. 2.04 : BOARD OF REGISTRATION IN MEDICINE — Licensing and the practice of medicine — LICENSING — Licensing Application Provisions

243 CMR 2.04 applies to all the Board's license applications, unless otherwise specifically noted.

(1) Application Forms. Each applicant for licensure or renewal shall submit to the Board a completed application form, any additional information requested by the Board, and the applicable fee as determined by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B. The Board's licensure application forms, with the exception of its renewal application form, shall include, but are not limited to, requests for the following information:
(a) The applicant's name, date of birth, and home and principal business addresses; and
(b) A verification of the fact that the applicant has completed two years of premedical education, written on the official stationery of the college or university and signed by the dean or other appropriate official. If the school has an official seal, the written verification must be stamped with it. The requirements of this subdivision do not apply to applications for a temporary license; and
(c) A written verification of the applicant's attendance by month and year at a medical school, signed by the dean or other appropriate official. If the school has an official seal, the written verification must be stamped with it.
(2) Submission of Original Licensing Documents. All documents submitted to the Board in support of a license application shall be original documents or certified copies from the primary source, unless otherwise provided by the Board. The Board shall accept electronic records as provided in M.G.L. c. 110G.
(3) Foreign Language Licensing Documents. An applicant or licensee who wishes to submit an original document or photocopy written in a foreign language must also submit a notarized translation into English of the documents or copy that is prepared by a United States translation service.
(4) Completed Application. An application for initial licensure or renewal or for reentry into practice status shall be considered complete when:
(a) It is legible, signed; and has been sworn to by the applicant;
(b) All required information, documentation and signatures have been supplied;
(c) The fee has been paid in full; and
(d) All supplemental information required by the Board has been supplied.
(5) Good Moral Character. Pursuant to M.G.L. c. 112, § 2, all applicants for licensure and all licensees shall have good moral character.
(a) Initial License. An applicant for initial licensure shall submit to the Board a written statement attesting to his or her good moral character. The statement shall be executed by a physician, other than a relative, who has known the applicant for a substantial period of time. The Board especially seeks statements from physicians licensed to practice in the Commonwealth.
(b) Renewal License. A renewing licensee shall certify that he or she is of good moral character biennially, when signing the renewal application.
(6) Examination Requirements. Each applicant for licensure shall fulfill the examination and other requirements for a license as set forth in 243 CMR 2.00 or as required by the Board.
(7) NPI. Each applicant for licensure or renewal shall provide the Board with his or her NPI number or certify that he or she has applied for an NPI number and will provide it to the Board upon receipt.
(8) CORI. Each applicant for licensure or renewal shall authorize the Board to access information held by the Massachusetts Criminal History Systems Board and other law enforcement agencies.
(9) Malpractice History. Each applicant for licensure shall provide information and documentation on any malpractice claim in which he or she was a named defendant, as required by the Board.
(10) Criminal History. Each applicant shall provide information and documentation on any criminal proceeding in which he or she was a defendant, in accordance with M.G.L. c. 6, § 172(a)(3) and other applicable state and federal laws. An applicant should not report minor traffic violations.
(11) Premedical Education. Each applicant for licensure shall have completed a minimum of two years in a college or university program acceptable to the Board.
(12) Postgraduate Medical Training. Each applicant for licensure shall satisfy the postgraduate training requirements as set forth in 243 CMR 2.00.
(13) Applicants for Licensure or Renewal Who Have Changed Their Names. Each applicant for licensure or renewal who has been known by a name other than that used on his or her application shall complete the name change forms used by the Board to verify name changes, and shall submit the completed forms along with the documentation required therein.
(14) Duty to Update Registration Information.
(a) During the Application Process. During the initial or renewal application process, an applicant and a licensee have a duty to report to the Board in writing any change in the registration information supplied to the Board in support of his or her application. For an initial application, the process begins on the date the Board receives the first application submission, and ends on the date the license is effective. For a renewal application, the process begins 60 days prior to the anticipated effective date of the license and ends on the date the license is effective. When the applicant or licensee is in the application process, the applicant or licensee shall notify the Licensing Division of the Board as soon as he or she becomes aware of the change in information, but in no event later than 72 hours.
(b) During the Licensing Term. From the day after the effective date of a license or renewal, until the day the next renewal application process begins, a licensee has a duty to timely report in writing any change in the registration information that was supplied to the Board in support of his or her application for licensure or renewal. However, information required under 243 CMR 2.07(8), must be reported to the Board within 30 days of the date the change occurred, or the date that the licensee became aware of the change, whichever is later. If no time period is specified, a report to the Board should be filed within 30 days from the date of the precipitating event.
(c) Exception for Certain Health Information. At all times, physicians who are eligible for the exception to the Mandated Reporting law under M.G.L. c. 112, § 5F, and 243 CMR 2.07(23) are exempt from reporting a change in certain health conditions to the Board.
(15) Withdrawal of Application. An applicant may withdraw his or her application prior to review by the Licensing Committee. When a license application is placed on the agenda of a scheduled meeting of the Licensing Committee or the Board, an applicant may not withdraw the application, except in extraordinary circumstances and with the unanimous vote of the full Board. 243 CMR 2.04(15) does not apply to applicants who cannot comply with the Board's medical education requirements for graduates of international medical schools and graduates of Fifth Pathway programs, and who have submitted a waiver request pursuant to 243 CMR 2.03(4).
(16) Preliminary Denial of Licensure.
(a) The Board may preliminarily deny a license application upon a determination that the applicant does not meet the requirements for licensure as set forth in 243 CMR and M.G.L. c. 112 or because of acts which, were they engaged in by a licensee, would violate M.G.L. c. 112, § 5 or 243 CMR 1.03(5).
(b) If the Board preliminarily denies a license application pursuant to 243 CMR 2.04(14), the Board will notify the applicant in writing of the following:
1. The facts relied upon as the basis for the preliminary denial;
2. The statutes or regulations which enable the Board to preliminarily deny a license application; and
3. The applicant's right to request a hearing, in writing, within 21 days of such notification from the Board. The hearing referred to in 243 CMR 2.04(14) is a licensing hearing conducted by the Board and is not a disciplinary proceeding.
(c) Upon receipt of an applicant's request for a hearing which meets the requirements of 243 CMR 2.04(14), the Board shall grant such request if:
1. The applicant has specified a factual or legal basis for overturning the preliminary denial; and
2. The Board determines that specific factual or legal issues, if further developed at a hearing, would be sufficient to overturn the preliminary denial.
(d) If, after the expiration of the time in which to request a hearing, or after the Board's decision not to grant a hearing, or after a hearing, the Board decides that the applicant should not be licensed, the Board may vote to deny the license application. If, after a hearing, the applicant has demonstrated to the Board's satisfaction that a license should be issued, the Board shall vote to issue a license. The Board may issue policies or guidelines on the procedures relating to the preliminary denial of a license.

243 CMR 2.04

Amended by Mass Register Issue 1277, eff. 1/2/2015.
Amended by Mass Register Issue 1397, eff. 8/9/2019.