2014 -- S 2353

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LC003844

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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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 Ottiano

     Date Introduced: February 12, 2014

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

federal entity.

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

ambulance treatment team or organ harvesting team.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

season training camp occurring in this state.

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

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

subsection (b).

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

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

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

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

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

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

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

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

consultation to those in subsection (a).

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

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

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

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

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

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

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

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

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

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

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

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

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responsibility.

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

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

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

regular mail to the physician’s last known address.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

services are normally rendered.

     SECTION 2. This act shall take effect upon passage.

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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

***

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

advances in medicine, technology, and how health care is delivered. The act would clarify when

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

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

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

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

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

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

humanitarian activities.

     This act would take effect upon passage.

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