COMMONWEALTH OF MASSACHUSETTS

BOARD OF REGISTRATION IN MEDICINE

MIDDLESEX, SS
Adjudicatory Case No. 2023-038
(RM-23-0475)

In the Matter of
Final Decision and Order
Brian J. Poore, M.D.

Procedural History

On September 21, 2023, the Board of Registration in Medicine (Board) initiated this matter by issuing a Statement of Allegations (SOA) ordering Brian J. Poore, M.D. (Respondent) to show cause why this Board should not impose reciprocal discipline based on his May 16, 2023 discipline by the Tennessee Board of Medical Examiners ("Tennessee Board") for "[h]abitual intoxication or personal misuse of... controlled substances...in such manner as to adversely affect the person's ability to practice medicine."¹ Terr. Code Ann. §63-6-214(b).¹ The Board simultaneously referred the matter to the Division of Administrative Law Appeals (DALA) for findings of fact and conclusions of law.

On January 10, 2024, the Board's Complaint Counsel filed a Motion for Summary Decision (Motion).² On January 30, 2024, the Respondent filed an Opposition to the Motion (Opposition).³

On October 17, 2025, DALA Magistrate Timothy M. Pomarole (Magistrate) issued a Recommended Decision.⁴ Neither Party submitted Objections to the Recommended Decision.

On December 5, 2025, Complaint Counsel submitted a Memorandum on Disposition. The Respondent did not submit a Memorandum on Disposition.

[^1]: The Tennessee Board's May 16, 2023 Consent Order is incorporated by reference.
[^2]: When a Party is of the opinion that there is no genuine issue of fact relating to one or more of the claims, he may move for summary decision as to the claim.
[^3]: The Respondent argued that the Massachusetts Board lacks jurisdiction over him, since his Massachusetts license lapsed in 1999, and is not a license within the meaning of M.G.L. c. 112 §5.
[^4]: The Recommended Decision clarifies that the Board's jurisdiction over a lapsed license, is based upon the lapsed license; it having forfeited the requisite minimal contacts with Massachusetts since, when seeking and receiving licensure in the Commonwealth, thereby availing himself of the privilege of conducting an important and highly regulated activity (the practice of medicine) within Massachusetts and thereby subject themselves to the oversight of its medical board and legal system; and ii) retaining an inchoate right to renew his license.

The Board adopts the Findings of Fact and Conclusions of Law in the Recommended Decision and adds the following:

Discussion

It is well established that the Board is authorized, pursuant to 243 CMR 1.03(5)(a)12, to discipline a physician who has been disciplined in another jurisdiction in any way by the proper licensing authority for reasons substantially the same as those set forth in M.G.L. c. 112, § 5 or 243 CMR 1.03(5). Ramirez v. Board of Registration in Medicine, 441 Mass. 479 (2004).

The Tennessee Board disciplined the Respondent for "[h]abitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice medicine." Tenn. Code Ann. §63-6-214(b). This basis for discipline is substantially the same as the Massachusetts Board's ability to impose discipline pursuant to M.G.L. c. 112 §5 (d)5 and 243 CMR 1.03(5)(a)4-5 for "practicing medicine while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability" or "being habitually drunk or being or having been addicted to, dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects."

When the Board imposes reciprocal discipline, it may impose any sanction consistent with its policies and precedent and based on the out-of-state facts.⁵ The Board is not bound by the out-of-state sanction.⁶

When determining the appropriate sanction, the Board is guided by its paramount duty to ensure the health and safety of patients. Accordingly, the Board considers both the nature and extent of the physician's wrong-doing and mitigating factors, including documented remediation of deficits.

Sanction

The record reflects that, beginning in 2018, the Respondent was "habitually intoxicated." On May 16, 2023, the Tennessee Board disciplined the Respondent, requiring him to enter into a monitoring agreement with the Tennessee Medical Foundation and pay a civil penalty, as well as certain costs associated with the proceeding.

[^5]: See In the Matter of Carmen A. Puliafito, M.D., Board of Registration in Medicine, Adjudicatory Case No. 2016-012 (Final Decision and Order, December 5, 2019)(Board revoked inchoate right to renew license based on out-of-state discipline for practicing while impaired, prescribing violations, and other transgressions).

In cases where physicians have practiced while impaired and have engaged in other transgressions, the Board has imposed license revocation as the sanction.⁷ In cases where there are no violations beyond practicing while impaired, the Board generally has imposed an indefinite suspension of the physician's inchoate right to renew his license with the possibility of staying the suspension if certain conditions are met.⁸

When fashioning a sanction in the pending matter, the Board considers:
* the gravity of the Respondent's practice while impaired;
* the absence of additional transgressions;
* the Respondent's entry into a TMF contract; and
* the absence of documentation with respect to the Respondent's compliance with that contract and practice of medicine since May of 2023.

In consideration of these factors and consistent with Board precedent, the Board SUSPENDS indefinitely the Respondent's inchoate right to renew his medical license. The Respondent is granted leave to petition for a stay of the suspension upon demonstrating his fitness to practice, including but not limited to: documentation of his consistent compliance with his Tennessee monitoring contract or the equivalent for the eighteen months immediately preceding his petition and such other terms as the Board may require.

The Respondent shall provide a complete copy of this Final Decision and Order within ten (10) days by certified mail, return receipt requested, or by hand delivery to the following designate entities: any in- or out-of-state hospital, nursing home, clinic, licensed facility, or municipal, state, or federal facility at which the Respondent practices medicine; any in- or out-of-state health maintenance organization with whom the Respondent has privileges or any other kind of association; any state agency, in- or out-of-state, with which the Respondent has a provider contract; any in- or out-of-state medical employer, whether or not the Respondent practices medicine there; the state licensing boards of all states in which the Respondent has any kind of license to practice medicine; the Drug Enforcement Administration Boston Diversion Group; and

[^7]: In the Matter of Carmen A. Puliafito, M.D., supra. In the Matter of Joseph Knight, M.D., Board of Registration in Medicine, Adjudicatory Case No. 2016-010(Final Decision and Order, November 8, 2019)(Board revoked inchoate right to renew license based on out-of-state discipline for practicing while impaired, failure to report out-of-state medical board discipline and action by the Drug Enforcement Administration).
[^8]: In the Matter of Courtney K. Barrows, M.D., Board of Registration in Medicine, Adjudicatory Case No. 2025-006 (Consent Order, March 12, 2025)(Board indefinitely suspended inchoate right to renew with leave to petition for stay of suspension upon demonstrating fitness to practice, including but not limited to, documented consistent compliance for twelve months with Ohio Medical Board Substance Abuse Monitoring Contract, documentation from treating therapist, and entry into Physician Probation Agreement) and In the Matter of Patricia Ayers, M.D., Board of Registration in Medicine, Adjudicatory Case No. 2020-060 (Final Decision and Order, January 19, 2021)(Board indefinitely suspended inchoate right to renew license with the possibility of a stay upon 18 months compliance with PIIA or out-of-state monitoring contract, provided the Board with a release allowing it to communicate and exchange information with the physician's health program, monitoring authority, completion and submitting on evaluation by a Board-approved psychiatrist with specialization in addiction and entering a Standard Probation Agreement.)

the Massachusetts Department of Public Health Drug Control Program. The Respondent shall also provide this notification to any of such designated entities with which the Respondent becomes associated for the duration of the suspension and any subsequent Probation Agreement. The Respondent is further directed to certify to the Board within ten (10) days that the Respondent has complied with this directive.

The Board expressly reserves the authority to independently notify, at any time, any of the entities designated above, or any other affected entity, of any action it has taken.

On February 12, 2026, in accordance with the Board's authority and statutory mandate, the Board voted to issue this Order, indefinitely suspending Dr. Brian J. Poore's inchoate right to renew his license to practice medicine under certificate 74082.

Board Members Voting Affirmatively:
* Booker T. Bush, M.D., Physician Member, Chair
* Frank O'Donnell, Esq., Public Member, Vice Chair
* Sandeep Singh Jubbal, M.D., Physician Member, Secretary
* Aviva Lee-Parritz, M.D., Physician Member
* David Rosenbloom, Ph.D., Public Member

Board Members Voting to Oppose: None
Board Members Recused: None
Board Members Absent:
* Yvonne Y. Cheung, MD, MPH, MBA, Physician Member
* Jason Qu, M.D., Physician Member

EFFECTIVE DATE OF ORDER

The Order is effective as of February 12, 2026.

Date Issued: February 12, 2026
George Zachos, Executive Director
Board or Registration in Medicine