2016 -- H 7818

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LC004618

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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 McKiernan, Carson, O'Brien, Carnevale, and Slater

     Date Introduced: March 02, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-37-1.3 and 5-37-5.2 of the General Laws in Chapter 5-37

entitled "Board of Medical Licensure and Discipline" are hereby amended to read as follows:

     5-37-1.3. Board of medical licensure and discipline -- Powers and duties. -- The board

has the following duties and powers:

      (1) To adopt, amend, and rescind rules and regulations, with the approval of the director,

necessary to carry out the provisions of this chapter;

      (2) To investigate all complaints and charges of unprofessional conduct against any

licensed physician or limited registrant and hold hearings to determine whether those charges are

substantiated or unsubstantiated;

      (3) To direct the director of the department of health to license qualified applicants;

      (4) To appoint one or more members of the board to act for the members of the board in

investigating the conduct or competence of any licensed physician or limited registrant;

      (5) To direct the director to revoke or suspend licenses or registrations, or implement

other disciplinary action against persons licensed or registered under this chapter;

      (6) To issue subpoenas and administer oaths in connection with any investigations,

hearing, or disciplinary proceedings held under the authority of this chapter; as follows:

     (i) All subpoenas issued pursuant to this section shall only be issued by a vote of either

the investigating committee or the full board;

     (ii) All subpoenas issued by the board or the investigating committee shall be served by a

disinterested party or by a constable authorized by the courts to serve process;

     (iii) Subpoenas issued by either the investigating committee or the full board shall have a

reasonable return date that will allow the recipient an opportunity to review the subpoena, consult

with counsel, and prepare a response to the subpoena; and

     (iv) All subpoenas shall be in compliance with the Rhode Island health care

confidentiality act;

      (7) To take or cause depositions to be taken as needed in any investigation, hearing, or

proceeding;

      (8) To summon and examine witnesses during any investigation, hearing, or proceeding

conducted by the board;

      (9) To adopt and publish, with the approval of the director, rules of procedure and other

regulations in accordance with the Administrative Procedure Act, chapter 35 of title 42.

      (10) (i) To require a licensee to undergo a physical or psychiatric examination by a

physician acceptable to the board, from a list provided to the licensee by the board, if probable

cause exists to believe that allegations of misconduct against a licensee are caused by an

impairment which has directly affected the ability of the licensee to conduct his or her practice

professionally.

      (ii) The investigating committee and the board may not discriminate on the basis of

disability in the administration of the licensing program, nor subject qualified individuals with

disabilities to any discrimination on the basis of disability in its complaint procedure. All

decisions of the investigating committee and the board shall be based on the allegation of

unprofessional conduct and not due to probable cause of the conduct being related to the

disability of the licensee.

      (11) To advise the licensee of the availability of the physicians health committee of the

Rhode Island Medical Society, and in appropriate instances, to refer licensees to that committee

for evaluation by appropriate medical professionals.

     5-37-5.2. Complaints. -- (a) Any person, firm, corporation, or public officer may submit

a written complaint to the board charging the holder of a license to practice medicine or limited

registrant with unprofessional conduct, specifying the grounds for the complaint. The board shall

review all complaints.

      (b) If the board determines that the complaint merits consideration, or if the board, on its

own initiative without a formal complaint, has reason to believe that any holder of a license or

limited registration to practice medicine may be guilty of unprofessional conduct, the chairperson

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shall designate three (3) members of the board at least one of whom shall be a public member, to

serve as a committee to investigate the complaint. If the complaint relates to a procedure

involving osteopathic manipulative treatment (OMT), at least one member of the investigating

committee shall be an osteopathic physician member of the board.

      (c) The investigating committee shall conduct its deliberations and make

recommendations regarding the complaint to the board. In conducting an investigation of such

complaints that require an inspection of a licensee's office:

     (1) Either the investigating committee or the full board shall make a finding that an

inspection is required and this finding must be evidenced by recorded minutes showing the vote

to conduct an inspection;

     (2) The scope and manner of conducting any such inspection shall be reasonably related

to the written complaint received. Any licensee whose office is the subject of such inspection

shall be provided by either the investigating committee or the full board with a copy of the

complaint or a written summary of all pertinent allegations prior to or at the commencement of

the inspection;

     (3) At the conclusion of the inspection and prior to leaving the licensee's office premises,

the board's inspectors shall provide the licensee whose office has been inspected with a copy of

the completed inspection form, noting areas of deficiency or follow-up;

     (4) Unless there is a real potential of imminent, unreasonable harm to patients or staff, the

licensee shall have ten (10) days to remedy any deficiencies found during the inspection; and

     (5) All inspections shall be carried out so as not to interfere with direct patient care.

     (d) No member of the board who participated in the investigation may participate in any

subsequent hearing or action taken by the remainder of the board. Investigations shall remain

confidential and all initial hearings, investigatory hearings, and full hearings before the board

shall remain confidential.

      (e) (1) If the recommendation is no unprofessional conduct, the remaining members of

the board shall review the relevant data and vote a final recommendation.

      (2) If the investigating committee has probable cause to believe the alleged

unprofessional conduct of the licensee is caused by an impairment which has directly affected the

ability of the licensee to conduct his or her practice professionally, the committee may use its

authority under § 5-37-1.3(10) to assist in further deliberations regarding the alleged misconduct

of the licensee.

      (3) In the event of a determination by the investigating committee of probable cause for a

finding of unprofessional conduct, the accused may request a hearing (see §§ 5-37-5.3 and 5-37-

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5.4). A hearing committee shall be designated by the chairperson consisting of three (3) other

members of the board, at least one of whom shall be a physician member and at least one of

whom is a public member. If the complaint relates to a procedure involving osteopathic

manipulative treatment (OMT), at least one member of the investigating committee shall be an

osteopathic physician member of the board. The hearing shall be conducted by a hearing officer

appointed by the director of the department of health. The hearing officer shall be responsible for

conducting the hearing and writing a proposed findings of fact and conclusions of law along with

a recommendation of a sanction, if warranted. The hearing committee shall read the transcript and

review the evidence and, after deliberation, the hearing committee shall issue a final decision

including conclusions of fact and of law. The board shall make public all decisions including all

conclusions against a license holder as listed in § 5-37-6.3.

     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 add certain procedural requirements relating to the issuance of subpoenas

and the inspection of a licensee's office to the disciplinary and oversight powers of the board of

medical licensure and discipline.

     This act would take effect upon passage.

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