2018 -- S 2248

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LC004320

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

     

     Introduced By: Senators Quezada, Nesselbush, Calkin, Metts, and Crowley

     Date Introduced: February 01, 2018

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-37-5.1 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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     5-37-5.1. Unprofessional conduct.

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     The term "unprofessional conduct" as used in this chapter includes, but is not limited to,

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the following items or any combination of these items and may be further defined by regulations

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established by the board with the prior approval of the director:

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     (1) Fraudulent or deceptive procuring or use of a license or limited registration;

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     (2) All advertising of medical business, which is intended or has a tendency to deceive

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the public;

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     (3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of

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a crime arising out of the practice of medicine;

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     (4) Abandoning a patient;

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     (5) Dependence upon controlled substances, habitual drunkenness, or rendering

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professional services to a patient while the physician or limited registrant is intoxicated or

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incapacitated by the use of drugs;

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     (6) Promotion by a physician or limited registrant of the sale of drugs, devices,

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appliances, or goods or services provided for a patient in a manner as to exploit the patient for the

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financial gain of the physician or limited registrant;

 

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     (7) Immoral conduct of a physician or limited registrant in the practice of medicine;

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     (8) Willfully making and filing false reports or records in the practice of medicine;

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     (9) Willfully omitting to file or record, or willfully impeding or obstructing a filing or

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recording, or inducing another person to omit to file or record, medical or other reports as

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required by law;

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     (10) Failing to furnish details of a patient's medical record to succeeding physicians,

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health care facility, or other health care providers upon proper request pursuant to § 5-37.3-4;

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     (11) Soliciting professional patronage by agents or persons or profiting from acts of those

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representing themselves to be agents of the licensed physician or limited registrants;

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     (12) Dividing fees or agreeing to split or divide the fees received for professional services

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for any person for bringing to or referring a patient;

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     (13) Agreeing with clinical or bioanalytical laboratories to accept payments from these

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laboratories for individual tests or test series for patients;

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     (14) Making willful misrepresentations in treatments;

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     (15) Practicing medicine with an unlicensed physician except in an accredited

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preceptorship or residency training program, or aiding or abetting unlicensed persons in the

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practice of medicine;

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     (16) Gross and willful overcharging for professional services; including filing of false

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statements for collection of fees for which services are not rendered, or willfully making or

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assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in

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determining rights to health care or other benefits;

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     (17) Offering, undertaking, or agreeing to cure or treat disease by a secret method,

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procedure, treatment or medicine;

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     (18) Professional or mental incompetency;

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     (19) Incompetent, negligent, or willful misconduct in the practice of medicine which

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includes the rendering of medically unnecessary services, and any departure from, or the failure

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to conform to, the minimal standards of acceptable and prevailing medical practice in his or her

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area of expertise as is determined by the board. The board does not need to establish actual injury

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to the patient in order to adjudge a physician or limited registrant guilty of the unacceptable

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medical practice in this subdivision;

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     (20) Failing to comply with the provisions of chapter 4.7 of title 23;

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     (21) Surrender, revocation, suspension, limitation of privilege based on quality of care

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provided, or any other disciplinary action against a license or authorization to practice medicine

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in another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary

 

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action relating to a membership on any medical staff or in any medical or professional association

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or society while under disciplinary investigation by any of those authorities or bodies for acts or

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conduct similar to acts or conduct which would constitute grounds for action as described in this

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chapter;

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     (22) Multiple adverse judgments, settlements or awards arising from medical liability

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claims related to acts or conduct which would constitute grounds for action as described in this

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chapter;

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     (23) Failing to furnish the board, its chief administrative officer, investigator or

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representatives, information legally requested by the board;

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     (24) Violating any provision or provisions of this chapter or the rules and regulations of

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the board or any rules or regulations promulgated by the director or of an action, stipulation, or

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agreement of the board;

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     (25) Cheating on or attempting to subvert the licensing examination;

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     (26) Violating any state or federal law or regulation relating to controlled substances;

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     (27) Failing to maintain standards established by peer review boards, including, but not

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limited to, standards related to proper utilization of services, use of nonaccepted procedure,

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and/or quality of care;

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     (28) A pattern of medical malpractice, or willful or gross malpractice on a particular

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occasion;

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     (29) Agreeing to treat a beneficiary of health insurance under title XVIII of the Social

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Security Act, 42 U.S.C. § 1395 et seq., "Medicare Act", and then charging or collecting from this

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beneficiary any amount in excess of the amount or amounts permitted pursuant to the Medicare

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Act; or

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     (30) Sexual contact between a physician and patient during the existence of the

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physician/patient relationship.

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     (31) Informing a patient of their life expectancy unless the patient or their designated

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health care power of attorney specifically requests the physician for their opinion. No physician

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or facility or any agent thereof shall be liable for not communicating this information.

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     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 prohibit a physician or any medical facility or agent thereof from

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informing a patient of their life expectancy unless the patient or their designated health care

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power of attorney specifically requests the physician for their opinion. No physician or facility or

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any agent thereof shall be liable for not communicating this information.

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     This act would take effect upon passage.

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