Beth Israel Hospital Ass'n v. Board of Registration in Medicine

The plaintiffs (hospitals) seek a declaration under G. L. c. 30A, § 7, and c. 231A that five regulations of the Board of Registration in Medicine (board) adopted following the enactment of St. 1986, c. 351 — “An Act relative to medical malpractice” — are invalid because they conflict with statutes and are beyond the board’s authority. A single justice of this court reported the case on the parties’ cross motions for summary judgment.

Chapter 351 was enacted in response to a perceived medical malpractice crisis. Chapter 351, to the extent pertinent here, amended sections of G. L. c. Ill, which…