2013 -- S 0753

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LC01458

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

     Introduced By: Senators Gallo, and Lynch

     Date Introduced: March 13, 2013

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-37-14 of the General Laws in Chapter 5-37 entitled "Board of

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Medical Licensure and Discipline" is hereby amended to read as follows:

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     5-37-14. Discrimination against particular schools -- Persons exempt from

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requirements -- Immunity from liability. Exceptions to licensure requirement – Immunity

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from liability. – (a) A physician who is licensed to practice medicine in another state or states,

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but not in this state, and who is in good standing in such state or states, may exercise the privilege

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to practice medicine for a patient located in this state under the following circumstances only:

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     (1) The physician is employed by a branch of the United States military, Department of

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Defense, Department of Veterans' Affairs Division of Veterans' Health Administration or similar

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federal entity.

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     (2) The physician is present in the state on a singular occasion as a member of an air

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ambulance treatment team or organ harvesting team.

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     (3) The physician, whether or not physically present in this state, is being consulted on a

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singular occasion by a physician licensed in this state, or is providing teaching assistance in a

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medical capacity, for a period not to exceed seven (7) days. Under no circumstance may a

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physician who is not present in this state practice medicine for a patient who is present in this

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state unless the consultation occurs while the patient is in the physical presence of a physician

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licensed in this state; provided, however, that a physician not licensed in this state who has an

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ongoing physician-patient relationship with a patient residing in this state may provide

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consultation to such patient by telephonic, internet or other form of communication means if

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doing so meets the minimum standards of acceptable practice in the physician’s specialty.

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     (4) The physician is present in the state for a period not to exceed seven (7) days as a

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volunteer physician serving in a non-compensated role for a charitable function.

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     (5) The physician is present in this state while providing medical services to a sports

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team incorporated in the United States or another country provided that:

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     (i) The physician has a written agreement with that sports team to provide care to team

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members, coaching staff, and families traveling with the team for a specific sporting event or pre-

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season training camp occurring in this state.

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     (ii) The physician may not provide care or consultation to any person residing in this

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state other than those enumerated in subsection (a) or under the conditions permitted in

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subsection (b).

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     (iii) The physician shall be permitted to provide care and consultation to those in

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subsection (a) for no longer than seven (7) consecutive days per sporting event.

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     (iv) The physician is not authorized to practice at a health care facility or clinic, acute

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care facility or urgent care center; but nothing herein shall prevent the physician from

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accompanying a person enumerated in subsection (a) to such a facility or from providing

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consultation to a physician licensed in Rhode Island in regard to such person.

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     (v) If the physician is licensed in another country, he or she must obtain prior written

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permission from the director or his or her designee to be permitted to provide care and

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consultation to those in subsection (a).

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     (6) If a physician licensed in this state obtains prior written permission from the director

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or his or her designee, the physician who is not licensed in this state but is practicing under

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subdivisions (3), (4) or (5) of this subsection may be permitted to extend his or her authorization

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to practice medicine for more than seven (7) consecutive days if the requesting physician shows

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good cause for the extension but for no more than a total of thirty (30) days in any one year.

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     (7) A physician practicing under subdivisions (3) or (4) of this subsection shall inform the

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board in writing of his or her intent to practice prior to or as soon as practicable, but no later than

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seven (7) days, after the consultation. Such physician shall include in the written notice the name

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of the physician licensed in this state with whom he or she is in consultation. The physician

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licensed in this state shall assume reasonably prudent responsibility for ensuring that the

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physician licensed in another state adheres to the minimum standards of acceptable medical

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practice in this state, and shall acknowledge in such writing that he or she assumes such

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responsibility.

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      (7) The director shall send by certified mail to a physician not licensed in this state a

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written order that revokes the privilege to practice medicine under this section if the Director

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finds good cause to do so. If no current address can be determined, such order may be sent by

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regular mail to the physician’s last known address.

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     (8) Any person who is found to have violated any provisions of this subsection shall be

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subject to section 12 of this chapter regarding the unauthorized practice of medicine. Nothing in

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this chapter or chapter 30 of this title shall be construed to discriminate against any particular

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school or system of medicine, or to prohibit gratuitous services in case of emergency; nor shall

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these chapters apply to commissioned surgeons of the United States army, navy, air force, or

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marine hospital service, or to legally qualified physicians of another state called to see a particular

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case in consultation with a registered physician of this state, but who do not open an office or

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appoint any place in this state where they may meet patients or receive calls.

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     (b) No person licensed under this chapter, or members of the same professions licensed to

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practice in other states of the United States, who voluntarily and gratuitously and other than in the

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ordinary course of his or her employment or practice renders emergency medical assistance to a

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person in need of it, shall be liable for civil damages for any personal injuries which result from

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acts or omissions by these persons in rendering emergency care, which may constitute ordinary

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negligence. This immunity does not apply to acts or omissions constituting gross, willful, or

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wanton negligence, or when rendered at any hospital, doctors' offices, or clinic where these

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services are normally rendered.

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     SECTION 2. This act shall take effect upon passage.

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LC01458

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

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     This act would update a law initially enacted in 1896 and last amended in 1990 to address

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advances in medicine, technology, and how health care is delivered. The amendment would

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clarify when a physician who has a license in good standing to practice medicine in another state

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could practice in Rhode Island, addresses issues such as one time consultations over telemedicine,

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organ transplant teams, air ambulance teams, academic scenarios where a visiting physician is

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needed for a short time, humanitarian efforts, and team physicians for sports events. Furthermore,

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it would streamline hospital access to training on new technologies that require highly technical

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assistance as well as highly technical one-time consultations, high profile sporting events, and

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humanitarian activities.

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     This act would take effect upon passage.

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LC01458

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