2016 -- H 7665

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LC004843

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

     Introduced By: Representatives Corvese, O'Brien, and Azzinaro

     Date Introduced: February 24, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-37-30 of the General Laws in Chapter 5-37 entitled "Board of

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

     5-37-30. Closure of medical practice -- Preservation of records. -- (a) A physician

shall, at least ninety (90) days before closing his or her practice, give public notice as to the

disposition of patients' medical records in a newspaper with a statewide circulation, and shall

notify the Rhode Island Medical Society and Rhode Island Board of Medical Licensure and

Discipline of the location of the records. The public notice shall include the date of the

physician's retirement, and where and how patients may obtain their records both prior to and

after closure of the physician's practice.

      (b) The heirs or estate of a deceased physician who had been practicing at the time of his

or her death shall, within ninety (90) days of the physician's death, give public notice as to the

disposition of patients' medical records in a newspaper with a statewide circulation, and shall

notify the Rhode Island Medical Society and Rhode Island Board of Medical Licensure and

Discipline of the location of the records.

      (c) Any physician closing his or her practice, or the heirs or estate of a deceased

physician who had been practicing at the time of his or her death, shall dispose of the physician's

patient records in a location and manner so that the records are maintained and accessible to

patients.

      (d) Any person or corporation or other legal entity receiving medical records of any

retired physician or deceased physician who had been practicing at the time of his or her death,

shall comply with and be subject to the provisions of chapter 37.3 of this title, the Confidentiality

of Health Care Information Act, and shall be subject to the rules and regulations promulgated in

accordance with § 23-1-48 and with the provisions of § 5-37-22(c) and (d), even though this

person, corporation, or other legal entity is not a physician.

     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

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     This act would do away with the requirement that a retiring physician give public notice

in a statewide newspaper at least ninety days before the closure of their practice, of the

disposition of their patients' medical records and would do away with the requirement that a

physician's heirs give public notice in a statewide newspaper of the disposition of patient records

within ninety days of the physician's death.

     This act would take effect upon passage.

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