Doctors' group bristles at proposed regulations

Discipline, moral character at issue

Proposed new rules governing the disciplining of Massachusetts doctors drew strong criticism yesterday from the state's largest physician organization.

Speaking at a public hearing, Dr. Bruce Auerbach, president-elect of the Massachusetts Medical Society, said some of the rules would give the state board of medicine too much power over licensing and disciplining, according to his written testimony.

In addition, he said the board should not even be holding the hearing because it currently lacks two public members.

The Board of Registration in Medicine has proposed the regulations to reflect changes in medical practice and to make the rules clearer for doctors and the public, Nancy Achin Audesse, the executive director, said in an interview. She said the changes are supported by state law or court rulings.

Audesse, who announced this week that she plans to retire from the board's staff this year, said the medical board is operating with a quorum - five physician members. The governor has not filled two seats for public representatives that have been vacant for about a year. She said there was no need to hold up review of the regulations, which will include a second public hearing next Friday, followed by revisions and a vote of the board in May or June.

Of the proposed regulations, the Massachusetts Medical Society objects to an expansion of the listed grounds for disciplinary action, including a provision that defines "lack of good moral character" based on behavior within or outside of medical practice.

"Board disciplinary action should be based upon concerns relevant to the practice of medicine," said Auerbach.

Audesse said state law makes moral character a requirement for licensure.

"This is not a new requirement," she said. "The privilege of holding a medical license requires not only technical skills, but high levels of ethics and morals."

The doctors' association, which includes 20,000 physicians and trainees, objected to a proposed rule that would give the board "sole discretion" to limit a physician's practice based on problems with his or her experience, qualifications, or professional training. Audesse said the rule merely spells out the board's mission. "To protect healthcare quality, patients and doctors rely on us to ensure that doctors who practice here are qualified and competent."