2017 -- S 0754

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LC001725

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - PATIENT ACCESS EXPANSION ACT

     Introduced By: Senator Donna M. Nesselbush

     Date Introduced: April 12, 2017

     Referred To: Senate Health & Human Services

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 37.8

PATIENT ACCESS EXPANSION ACT

     5-37.8-1. Title.

     This chapter shall be known and may be cited as the "patient access expansion act."

     5-37.8-2. Definitions.

     As used in this chapter:

     (1) "Maintenance of licensure" means the Federation of State Medical Boards;

proprietary framework for physician license renewal, including additional periodic testing other

than continuous medical education.

     (2) "Continuous medical education" means continued postgraduate medical education

intended to provide medical professionals with knowledge of new developments in their field.

     (3) "Specialty medical board certification" means certification by a board that specializes

in one particular area of medicine and typically requires additional and more strenuous exams

than state boards of medicine requirements to practice medicine.

     (4) "Maintenance of certification" means any process requiring periodic recertification

examinations to maintain specialty medical board certification.

     5-37.8-3. Prohibition of maintenance of licensure.

     The state and its instrumentalities are prohibited from requiring any form of maintenance

of licensure as a condition of physician licensure, including requiring any form of maintenance of

licensure tied to maintenance of certification. Current requirements, including continuous medical

education, shall suffice to demonstrate professional competency.

     5-37.8-4. Prohibition of maintenance of certification to practice medicine.

     The state and its instrumentalities are prohibited from requiring any form of specialty

medical board certification and any maintenance of certification to practice medicine within the

state. Within the state, there shall be no discrimination by the board of medical licensure and

discipline, or any other agency or facility which accepts state funds, against physicians who do

not maintain specialty medical board certification, including re-certification.

     5-37.8-5. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances

is held invalid, such invalidity shall not affect other provisions or applications of the chapter,

which can be given effect without the invalid provision or application, and to this end the

provisions of this chapter are declared to be severable.

     5-37.8-6. Repealer.

     All statutes and regulations in conflict with or inconsistent with the provisions of this

chapter are hereby repealed.

     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 - PATIENT ACCESS EXPANSION ACT

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     This act would prohibit the state from requiring any form of the Federation of State

Medical Boards' proprietary maintenance of licensure program, including any maintenance of

licensure program tied to maintenance of certification, as a condition of licensure, and from

requiring specialty medical board certification and maintenance of certification in order to

practice medicine within the state.

     This act would take effect upon passage.

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