In Massachusetts, there is a law
that requires all health care providers (including doctors,
nurses, psychologists, and others defined in Massachusetts
General Laws Chapter 111, section 1) to report to the
Board of Registration in Medicine (BRM) whenever there is
a reasonable basis to believe that a physician is in violation
of any of the laws, rules, or regulations of the BRM. This
law is set forth at G.L. c. 112, § 5F.
This includes reporting to the BRM when there is a reasonable
basis to believe that a physician is practicing medicine while
impaired by drugs or alcohol, or when a physician is a habitual
user of drugs or alcohol.
There is also an exception to this mandated reporting requirement, which would allow
mandated reporters to report to Physician Health Services
instead of the BRM in certain defined circumstances. Specifically,
the following requirements must be met for a diversionary
report to be made to PHS:
- The
circumstances must involve a drug or alcohol problem
- There
must be no allegation of patient harm
- The
physician must agree to participate in PHS
- The
reporter must receive confirmation within 30 days from PHS
that the physician is in compliance with the program
These specific requirements are
set forth in the regulations of the Board of Registration
in Medicine.
By serving as an approved diversionary program, PHS is able
to provide confidential support services and assistance to
a wider range of physicians facing problems of substance abuse.
Mandated
Reporting - Obligations to Consider