Section 1.05 - Final Decision and Order and Miscellaneous Provisions(1)In General. Every Final Decision and Order of the Board requires the concurrence of at least four members, or of a majority of the Board if it has more than one vacancy. If the Hearing Officer is a member of the Board, his or her vote counts in the event the Board is not otherwise able to reach a final decision.(2)Sanctions. In disposition of disciplinary charges brought by the Board, the Board may revoke, suspend, or cancel the certificate of registration, or reprimand, censure, impose a fine not to exceed $10,000 for each classification of violation, require the performance of up to 100 hours of public service, in a manner and at a time and place to be determined by the Board, require a course of education or training or otherwise discipline or limit the practice of the physician. A reprimand is a severe censure.(3)Nature and Effect, Generally. Any order of the Board which imposes a sanction as a result of a disciplinary action is effective immediately, unless the Board orders otherwise. (a)Suspension. A licensee whose certificate is suspended for a period of time is automatically reinstated upon expiration of the suspension period.(b)Revocation. The cancellation or revocation of a certificate of registration is effective for at least five years, unless the Board orders otherwise. Reinstatement thereafter may be granted or denied in the Board's discretion. A cancellation or revocation is lifted only through a petition for reinstatement.(4)Reinstatement. A person previously registered by the Board may apply for reinstatement of his or her application no sooner than five years after revocation, unless the Board orders otherwise. An application for reinstatement is addressed to the Board's discretion, must be made in the form the Board prescribes, must be filed in original with ten copies, and will be granted only if the Board determines that doing so would advance the public interest. If the Board denies a petition for reinstatement, the Respondent shall not re-petition for reinstatement until at least two years after the date of denial, unless the Board orders otherwise.(5)Resignation. (a) A licensee who is named in a complaint or who is subject to an investigation by the Board or who is the respondent in a disciplinary action may submit his or her resignation by delivering to the Board a writing stating that: he or she desires to resign; his or her resignation is tendered voluntarily; he or she realizes that resignation is a final act which deprives a person of all privileges of registration and is not subject to reconsideration or judicial review; and that the licensee is not currently licensed to practice in any other state or jurisdiction, will make no attempt to gain licensure elsewhere, or will resign any other licenses contemporaneously with his or her resignation in the Commonwealth.(b) If a complaint, investigation, or Statement of Allegations arises solely out of a disciplinary action in another jurisdiction, within the meaning of 243 CMR 1.03(5)(a)12., then the registrant may submit a resignation pursuant to 243 CMR 1.05(5)(a), but need not make any representation regarding licensure status in other jurisdictions, is permitted to gain licensure elsewhere, and need not resign any other licenses contemporaneously with the resignation.(c) The Board is not obligated to accept a resignation tendered pursuant to 243 CMR 1.05. The acceptance of such a resignation is within the discretion of the Board, and is a Final Decision and Order subject to a vote of the Board.(6)Unauthorized Medical Practice. The Board shall refer to the appropriate District Attorney or other appropriate law enforcement agency any incidents of unauthorized medical practice which comes to its attention, as required by M.G.L. c. 112, § 5.(7)Imposition of Restrictions. Consistent with 243 CMR 1.00 and M.G.L. c. 30A or otherwise by agreement with the licensee, the Board may impose restrictions to prohibit a licensee from performing certain medical procedures, or from performing certain medical procedures except under certain conditions, if the Board determines that: (a) the licensee has engaged in a pattern or practice which calls into question her competence to perform such medical procedures, or(b) the restrictions are otherwise warranted by the public health, safety and welfare.