2018 -- S 2408

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LC003867

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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 Sheehan, Nesselbush, Euer, and Calkin

     Date Introduced: February 15, 2018

     Referred To: Senate Health & Human Services

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 5-37 of the General Laws entitled "Board of Medical Licensure and

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Discipline" is hereby amended by adding thereto the following section:

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     5-37-2.2. Right to treat.

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     (a) Definitions:

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     (1) "Maintenance of certification" is a continuous professional development program

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through which physicians certified by one or more of the medical specialty boards of the

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American Board of Medical Specialties maintain specialty certification.

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     (2) "Osteopathic continuous certification" is a continuous professional development

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program through which physicians certified by one or more of the medical specialty boards of the

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American Osteopathic Association maintain specialty certification.

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     (b) Relationship between licensure and maintenance of certification/osteopathic

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continuous certification:

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     Notwithstanding any provision of this chapter to the contrary, the board of medical

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licensing and discipline shall, not by order, rule, or other method require a physician applicant or

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physician licensee under its jurisdiction to maintain a national or regional certification that is not

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otherwise specifically required in this chapter before it issues a license or license renewal to that

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physician applicant or physician licensee under this chapter.

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     SECTION 2. Chapter 23-17 of the General Laws entitled "Licensing of Health-Care

 

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Facilities" is hereby amended by adding thereto the following section:

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     23-17-53.1. Relationship between hospital staff or admitting privileges and

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maintenance of certification/osteopathic continuous certification.

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     (a) No facility licensed under this chapter shall deny a physician a hospital's staff or

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admitting privileges based solely on the physician's decision not to participate in maintenance of

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certification. This section does not prevent a facility's credentials committee from requiring

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physicians licensed pursuant to chapter 37 of title 5, to meet continuing medical education

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requirements, as outlined in the rules of the appropriate state licensing board.

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     (b) A facility licensed under this chapter shall not deny physician hospital staff or

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admitting privileges or employment based solely on the absence of maintenance of certification.

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This section does not prohibit a facility from requiring a physician to undergo remedial or

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corrective courses or training as required by a quality improvement committee.

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     SECTION 3. Chapter 27-20.6 of the General Laws entitled "Health Care Insurers -

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Coordination of Benefits" is hereby amended by adding thereto the following section:

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     27-20.6-3.1. Relationship between insurance panel participation and maintenance of

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certification osteopathic continuous certification.

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     (a) A health care insurer shall not deny reimbursement to, or prevent a physician from,

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participating in any of the insurer's provider networks based solely on a physician's decision not

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to participate in maintenance of certification.

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     (b) A health care insurer shall not discriminate with respect to reimbursement levels

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based solely on a physician's decision not to participate in maintenance of certification.

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     SECTION 4. 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 the board of medical licensure and discipline, hospitals and health

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care insurers from denying a license, hospital privileges and network provider/equal

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reimbursement status to osteopathic physicians based on the absence of maintenance certification.

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     This act would take effect upon passage.

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