2019 -- H 5125 SUBSTITUTE B | |
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LC000518/SUB B/2 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY - THE REPRODUCTIVE PRIVACY ACT | |
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Introduced By: Representatives Williams, Blazejewski, Alzate, Barros, and Shanley | |
Date Introduced: January 16, 2019 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 4.13 |
4 | REPRODUCTIVE PRIVACY ACT |
5 | 23-4.13-1. Short title. |
6 | This chapter shall be known and may be cited as the "Reproductive Privacy Act." |
7 | 23-4.13-2. Noninterference in reproductive health care. |
8 | (a) Neither the state, nor any of its agencies, or political subdivisions shall: |
9 | (1) Restrict an individual person from preventing, commencing, continuing, or |
10 | terminating that individual's pregnancy prior to fetal viability; |
11 | (2) Interfere with an individual person’s decision to continue that individual's pregnancy |
12 | after fetal viability; |
13 | (3) Restrict an individual person from terminating that individual's pregnancy after fetal |
14 | viability when necessary to preserve the health or life of that individual; |
15 | (4) Restrict the use of evidence-based, medically recognized methods of contraception or |
16 | abortion except in accordance with evidence-based medically appropriate standards that are in |
17 | compliance with state and federal statutes enumerated in subsections (c)(1) and (c)(2), department |
18 | of health regulations and standards referenced in subsection (c)(3), and subsection (d); or |
19 | (5) Restrict access to evidence-based, medically recognized methods of contraception or |
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1 | abortion or the provision of such contraception or abortion except in accordance with evidence- |
2 | based medically appropriate standards that are in compliance with state and federal statutes |
3 | enumerated in subsections (c)(1) and (c)(2), department of health regulations and standards |
4 | referenced in subsection (c)(3), and subsection (d). |
5 | (b) For purposes of this section, "fetal viability" means that stage of gestation where the |
6 | attending physician, taking into account the particular facts of the case, has determined that there |
7 | is a reasonable likelihood of the fetus' sustained survival outside of the womb with or without |
8 | artificial support. |
9 | (c) Notwithstanding the foregoing, this section shall not be construed to: |
10 | (1) Abrogate the provisions of §§ 11-9-18 titled "Care of babies born alive during |
11 | attempted abortions", 11-54-1 titled "Experimentation on human fetuses", 23-4.6-1 titled |
12 | "Consent to medical and surgical care", 23-4.7-1 through 23-4.7-8 titled "Informed consent for |
13 | abortion", 23-13-21 titled "Comprehensive reproductive health services", 23-17-11 titled |
14 | "Abortion and sterilization -- Protection for nonparticipation -- Procedure", or 42-157-3(d) of the |
15 | section titled "Rhode Island Health Benefit Exchange -- General requirements"; |
16 | (2) Abrogate the provisions of 18 U.S. Code § 1531, titled "Partial-birth abortions |
17 | prohibited" and cited as the "Partial-Birth Abortion Ban Act of 2003"; |
18 | (3) Prevent the department of health from applying to licensed health care facilities that |
19 | provide abortion any generally applicable regulations or standards that are in accordance with |
20 | evidence-based, medically recognized standards for the provision of abortion in compliance with |
21 | state and federal statutes enumerated in subsections (c)(1) and (c)(2) and with subsection (d), |
22 | provided that such application, adoption or enforcement is not a pretext for violating subsection |
23 | (a) of this section. |
24 | (d) The termination of an individual's pregnancy after fetal viability is expressly |
25 | prohibited except when necessary, in the medical judgment of the physician, to preserve the life |
26 | or health of that individual. |
27 | (1) Any physician who knowingly violates the provisions of this subsection shall be |
28 | deemed to have engaged in "unprofessional conduct" for the purpose of § 5-37-5.1. |
29 | (2) A physician who performs a termination after fetal viability shall be required to |
30 | record in the patient's medical records the basis for the physician's medical judgment that |
31 | termination was necessary to preserve the live or health of the patient and must comply with all |
32 | other relevant requirements applicable to physicians in § 23-3-17. |
33 | (3) The director of the department of health is authorized to deny or revoke any license to |
34 | practice allopathic or osteopathic medicine or otherwise discipline a licensee upon finding by the |
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1 | board that the person is guilty of unprofessional conduct under § 5-37-5.1(31). |
2 | SECTION 2. Chapter 11-3 of the General Laws entitled "Abortion" is hereby repealed in |
3 | its entirety: |
4 | CHAPTER 3 |
5 | Abortion |
6 | 11-3-1. Procuring, counseling or attempting miscarriage. |
7 | Every person who, with the intent to procure the miscarriage of any pregnant woman or |
8 | woman supposed by such person to be pregnant, unless the same be necessary to preserve her life, |
9 | shall administer to her or cause to be taken by her any poison or other noxious thing, or shall use |
10 | any instrument or other means whatsoever or shall aid, assist or counsel any person so intending |
11 | to procure a miscarriage, shall if the woman die in consequence thereof, be imprisoned not |
12 | exceeding twenty (20) years nor less than five (5) years, and if she does not die in consequence |
13 | thereof, shall be imprisoned not exceeding seven (7) years nor less than one (1) year; provided |
14 | that the woman whose miscarriage shall have been caused or attempted shall not be liable to the |
15 | penalties prescribed by this section. |
16 | 11-3-2. Murder charged in same indictment or information. |
17 | Any person who shall be charged with the murder of any infant child, or of any pregnant |
18 | woman, or of any woman supposed by such person to be or to have been pregnant, may also be |
19 | charged in the same indictment or information with any or all the offenses mentioned in 11-3-1, |
20 | and if the jury shall acquit such person on the charge of murder and find him guilty of the other |
21 | offenses or either of them, judgment and sentence may be awarded against him accordingly. |
22 | 11-3-3. Dying declarations admissible. |
23 | In prosecutions for any of the offenses described section 11-3-1, in which the death of a |
24 | woman is alleged to have resulted from the means therein described, dying declarations of the |
25 | deceased woman shall be admissible as evidence, as in homicide cases. |
26 | 11-3-4. Construction and application of section 11-3-1. |
27 | It shall be conclusively presumed in any action concerning the construction, application |
28 | or validity of section 11-3-1, that human life commences at the instant of conception and that said |
29 | human life at said instant of conception is a person within the language and meaning of the |
30 | fourteenth amendment of the constitution of the United States, and that miscarriage at any time |
31 | after the instant of conception caused by the administration of any poison or other noxious thing |
32 | or the use of any instrument or other means shall be a violation of said section 11-3-1, unless the |
33 | same be necessary to preserve the life of a woman who is pregnant. |
34 | 11-3-5. Constitutionality. |
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1 | If any part, clause or section of this act shall be declared invalid or unconstitutional by a |
2 | court of competent jurisdiction, the validity of the remaining provisions, parts or sections shall |
3 | not be affected. |
4 | SECTION 3. Section 11-5-2 of the General Laws in Chapter 11-5 entitled "Assaults" is |
5 | hereby amended to read as follows: |
6 | 11-5-2. Felony assault. |
7 | (a) Every person who shall make an assault or battery, or both, upon the person of |
8 | another, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an |
9 | assault or battery that results in serious bodily injury shall be guilty of a felony assault. If such |
10 | assault results in serious bodily injury, it shall be punished by imprisonment for not more than |
11 | twenty (20) years. Every other felony assault which results in bodily injury or no injury shall be |
12 | punished by imprisonment for not more than six (6) years. |
13 | (b) Where the provisions of "The Domestic Violence Prevention Act", chapter 29 of title |
14 | 12, are applicable, the penalties for violation of this section shall also include the penalties as |
15 | provided in § 12-29-5. |
16 | (c) "Serious bodily injury" means physical injury that: |
17 | (1) Creates a substantial risk of death; |
18 | (2) Causes protracted loss or impairment of the function of any bodily part, member, or |
19 | organ; or |
20 | (3) Causes serious permanent disfigurement or circumcises, excises, or infibulates the |
21 | whole or any part of the labia majora or labia minora or clitoris of a person.; or |
22 | (4) Results in the termination of a pregnancy where the person making the assault or |
23 | battery is someone other than the pregnant person and knows or has reason to know that the |
24 | person upon whom the assault or battery is made is pregnant. |
25 | (d) This section shall not apply to acts committed by: |
26 | (1) Any person relating to the performance of an abortion pursuant to chapter 4.13 of title |
27 | 23, the Reproductive Privacy Act, for which the consent of the pregnant person, or a person |
28 | authorized by law on her behalf, has been obtained or for which such consent is implied by law; |
29 | or |
30 | (2) Any person for any medical treatment of the pregnant person or the fetus. |
31 | (d)(e) "Bodily injury" means physical injury that causes physical pain, illness, or any |
32 | impairment of physical condition. |
33 | SECTION 4. Section 11-23-5 of the General Laws in Chapter 11-23 entitled "Homicide" |
34 | is hereby repealed. |
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1 | 11-23-5. Willful killing of unborn quick child. |
2 | (a) The willful killing of an unborn quick child by any injury to the mother of the child, |
3 | which would be murder if it resulted in the death of the mother; the administration to any woman |
4 | pregnant with a quick child of any medication, drug, or substance or the use of any instrument or |
5 | device or other means, with intent to destroy the child, unless it is necessary to preserve the life of |
6 | the mother; in the event of the death of the child; shall be deemed manslaughter. |
7 | (b) In any prosecution under this section, it shall not be necessary for the prosecution to |
8 | prove that any necessity existed. |
9 | (c) For the purposes of this section, "quick child" means an unborn child whose heart is |
10 | beating, who is experiencing electronically-measurable brain waves, who is discernibly moving, |
11 | and who is so far developed and matured as to be capable of surviving the trauma of birth with |
12 | the aid of usual medical care and facilities available in this state. |
13 | SECTION 5. Chapter 23-4.8 of the General Laws entitled "Spousal Notice for Abortion" |
14 | is hereby repealed in its entirety. |
15 | CHAPTER 23-4.8 |
16 | Spousal Notice for Abortion |
17 | 23-4.8-1. Declaration of purpose. |
18 | The purpose of this chapter is to promote the state's interest in furthering the integrity of |
19 | the institutions of marriage and the family. |
20 | 23-4.8-2. Spousal notice requirements. |
21 | If a married woman consents to an abortion, as that consent is required by chapter 4.7 of |
22 | this title, the physician who is to perform the abortion or his or her authorized agent shall, if |
23 | reasonably possible, notify the husband of that woman of the proposed abortion before it is |
24 | performed. |
25 | 23-4.8-3. Exceptions. |
26 | The requirements of § 23-4.8-2 shall not apply if: |
27 | (1) The woman having the abortion furnishes to the physician who is to perform the |
28 | abortion or the physician's authorized agent prior to the abortion being performed a written |
29 | statement that she has given notice to her husband of the proposed abortion or a written statement |
30 | that the fetus was not fathered by her husband; |
31 | (2) The woman and her husband are living separate and apart or either spouse has filed a |
32 | petition or complaint for divorce in a court of competent jurisdiction; |
33 | (3) The physician who is to perform the abortion or his or her authorized agent receives |
34 | the written affirmation of the husband that he has been notified of the proposed abortion; or |
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1 | (4) There is an emergency requiring immediate action. In the case of an emergency, the |
2 | woman's attending physician shall certify in writing on the patient's medical record that an |
3 | emergency exists and the medical basis for his or her opinion. |
4 | 23-4.8-4. Penalties. |
5 | In the event a physician performs an abortion, as defined by chapter 4.7 of this title, upon |
6 | a woman who he or she knows is married and the physician knowingly and intentionally violates |
7 | the requirements of this chapter, he or she shall be guilty of "unprofessional conduct" for the |
8 | purposes of § 5-37-5.1. |
9 | 23-4.8-5. Severability. |
10 | If any section or provision of this chapter or the application of any section or provision is |
11 | held invalid, that invalidity shall not affect other sections, provisions or applications, and to this |
12 | end the sections and provisions of this chapter are declared severable. |
13 | SECTION 6. Chapter 23-4.12 of the General Laws entitled "Partial Birth Abortion" is |
14 | hereby repealed in its entirety. |
15 | CHAPTER 23-4.12 |
16 | Partial Birth Abortion |
17 | 23-4.12-1. Definitions. |
18 | (a) For purposes of this chapter, "partial birth abortion" means an abortion in which the |
19 | person performing the abortion vaginally delivers a living human fetus before killing the infant |
20 | and completing the delivery. |
21 | (b) For purposes of this chapter, the terms "fetus" and "infant" are used interchangeably |
22 | to refer to the biological offspring of human parents. |
23 | (c) As used in this section, "vaginally delivers a living fetus before killing the infant" |
24 | means deliberately and intentionally delivers into the vagina a living fetus, or a substantial |
25 | portion of the fetus, for the purpose of performing a procedure the person performing the abortion |
26 | knows will kill the infant, and kills the infant. |
27 | 23-4.12-2. Prohibition of partial birth abortions. |
28 | No person shall knowingly perform a partial birth abortion. |
29 | 23-4.12-3. Life of the mother exception. |
30 | Section 23-4.12-2 shall not apply to a partial birth abortion that is necessary to save the |
31 | life of a mother because her life is endangered by a physical disorder, physical illness, or physical |
32 | injury, including a life-endangering condition caused by or arising from the pregnancy itself; |
33 | provided, that no other medical procedure would suffice for that purpose. |
34 | 23-4.12-4. Civil remedies. |
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1 | (a) The woman upon whom a partial birth abortion has been performed in violation of § |
2 | 23-4.12-2, the father of the fetus or infant, and the maternal grandparents of the fetus or infant, |
3 | and the maternal grandparents of the fetus or infant if the mother has not attained the age of |
4 | eighteen (18) years at the time of the abortion, may obtain appropriate relief in a civil action, |
5 | unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to |
6 | the abortion. |
7 | (b) The relief shall include: |
8 | (1) Money damages for all injuries, psychological and physical, occasioned by the |
9 | violation of this chapter; and |
10 | (2) Statutory damages equal to three (3) times the cost of the partial birth abortion. |
11 | (c) If judgment is rendered in favor of the plaintiff in an action described in this section, |
12 | the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against |
13 | the defendant. If the judgment is rendered in favor of the defendant and the court finds that the |
14 | plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a |
15 | reasonable attorney's fee in favor of the defendant against the plaintiff. |
16 | 23-4.12-5. Penalty. |
17 | (a) Performance of a partial birth abortion deliberately and intentionally is a violation of |
18 | this chapter and shall be a felony. |
19 | (b) A woman upon whom a partial birth abortion is performed may not be prosecuted |
20 | under this chapter for violating this chapter or any provision this chapter, or for conspiracy to |
21 | violate this chapter or any provision this chapter. |
22 | 23-4.12-6. Severability. |
23 | (a) If any one or more provisions, clauses, phrases, or words of § 23-4.12-3 or the |
24 | application of that section to any person or circumstance is found to be unconstitutional, it is |
25 | declared to be inseverable. |
26 | (b) If any one or more provisions, sections, subsections, sentences, clauses, phrases or |
27 | words of the remaining sections or the application of them to any person or circumstance is found |
28 | to be unconstitutional, they are declared to be severable and the balance of the chapter shall |
29 | remain effective notwithstanding the unconstitutionality. The legislature declares that it would |
30 | have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, or |
31 | words, with the exception of § 23-4.12-3, irrespective of the fact that any one or more provisions, |
32 | sections, subsections, sentences, clauses, phrases, or words be declared unconstitutional. |
33 | SECTION 7. Section 27-18-28 of the General Laws in Chapter 27-18 entitled "Accident |
34 | and Sickness Insurance Policies" is hereby repealed. |
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1 | 27-18-28. Health insurance contracts -- Abortion. |
2 | (a) No health insurance contract, plan, or policy, delivered or issued for delivery in the |
3 | state, shall provide coverage for induced abortions, except where the life of the mother would be |
4 | endangered if the fetus were carried to term or where the pregnancy resulted from rape or incest, |
5 | and except by an optional rider for which there must be paid an additional premium. This section |
6 | shall be applicable to all contracts, plans, or policies of: |
7 | (1) All health insurers subject to this title; |
8 | (2) All group and blanket health insurers subject to this title; |
9 | (3) All nonprofit hospital, medical, surgical, dental, and health service corporations; and |
10 | (4) All health maintenance organizations; |
11 | (5) Any provision of medical, hospital, surgical, and funeral benefits, and of coverage |
12 | against accidental death or injury, when the benefits or coverage are incidental to or part of other |
13 | insurance authorized by the statutes of this state. |
14 | (b) Nothing contained in this section shall be construed to pertain to insurance coverage |
15 | for complications as the result of an abortion. |
16 | SECTION 8. Section 36-12-2.1 of the General Laws in Chapter 36-12 entitled "Insurance |
17 | Benefits" is hereby amended to read as follows: |
18 | 36-12-2.1. Health insurance benefits -- Coverage for abortions excluded. |
19 | (a) The state of Rhode Island or any city or town shall not include in any health insurance |
20 | contracts, plans, or policies covering employees, any provision which shall provide coverage for |
21 | induced abortions (except where the life of the mother would be endangered if the fetus were |
22 | carried to term, or where the pregnancy resulted from rape or incest). This section shall be |
23 | applicable to all contracts, plans or policies of: |
24 | (1) All health insurers subject to title 27; |
25 | (2) All group and blanket health insurers subject to title 27; |
26 | (3) All nonprofit hospital, medical, surgical, dental, and health service corporations; |
27 | (4) All health maintenance organizations; and |
28 | (5) Any provision of medical, hospital, surgical, and funeral benefits and of coverage |
29 | against accidental death or injury when the benefits or coverage are incidental to or part of other |
30 | insurance authorized by the statutes of this state. |
31 | (b) Provided, however, that the provisions of this section shall not apply to benefits |
32 | provided under existing collective bargaining agreements entered into prior to June 30, 1982. |
33 | (c) Nothing contained herein shall be construed to pertain to insurance coverage for |
34 | complications as the result of an abortion. |
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1 | SECTION 9. Section 42-12.3-3 of the General Laws in Chapter 42-12.3 entitled "Health |
2 | Care for Children and Pregnant Women" is hereby amended to read as follows: |
3 | 42-12.3-3. Medical assistance expansion for pregnant women/RIte Start. |
4 | (a) The director of the department of human services is authorized to amend its title XIX |
5 | state plan pursuant to title XIX of the Social Security Act to provide Medicaid coverage and to |
6 | amend its title XXI state plan pursuant to Title XXI of the Social Security Act to provide medical |
7 | assistance coverage through expanded family income disregards for pregnant women whose |
8 | family income levels are between one hundred eighty-five percent (185%) and two hundred fifty |
9 | percent (250%) of the federal poverty level. The department is further authorized to promulgate |
10 | any regulations necessary and in accord with title XIX [42 U.S.C. § 1396 et seq.] and title XXI |
11 | [42 U.S.C. § 1397 et seq.] of the Social Security Act necessary in order to implement said state |
12 | plan amendment. The services provided shall be in accord with title XIX [42 U.S.C. § 1396 et |
13 | seq.] and title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act. |
14 | (b) The director of the department of human services is authorized and directed to |
15 | establish a payor of last resort program to cover prenatal, delivery and postpartum care. The |
16 | program shall cover the cost of maternity care for any woman who lacks health insurance |
17 | coverage for maternity care and who is not eligible for medical assistance under title XIX [42 |
18 | U.S.C. § 1396 et seq.] and title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act |
19 | including, but not limited to, a non-citizen pregnant woman lawfully admitted for permanent |
20 | residence on or after August 22, 1996, without regard to the availability of federal financial |
21 | participation, provided such pregnant woman satisfies all other eligibility requirements. The |
22 | director shall promulgate regulations to implement this program. Such regulations shall include |
23 | specific eligibility criteria; the scope of services to be covered; procedures for administration and |
24 | service delivery; referrals for non-covered services; outreach; and public education. Excluded |
25 | services under this paragraph will include, but not be limited to, induced abortion except to |
26 | prevent the death of the mother in cases of rape or incest or to save the life of the pregnant |
27 | individual. |
28 | (c) The department of human services may enter into cooperative agreements with the |
29 | department of health and/or other state agencies to provide services to individuals eligible for |
30 | services under subsections (a) and (b) above. |
31 | (d) The following services shall be provided through the program: |
32 | (1) Ante-partum and postpartum care; |
33 | (2) Delivery; |
34 | (3) Cesarean section; |
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1 | (4) Newborn hospital care; |
2 | (5) Inpatient transportation from one hospital to another when authorized by a medical |
3 | provider; |
4 | (6) Prescription medications and laboratory tests; |
5 | (e) The department of human services shall provide enhanced services, as appropriate, to |
6 | pregnant women as defined in subsections (a) and (b), as well as to other pregnant women |
7 | eligible for medical assistance. These services shall include: care coordination, nutrition and |
8 | social service counseling, high risk obstetrical care, childbirth and parenting preparation |
9 | programs, smoking cessation programs, outpatient counseling for drug-alcohol use, interpreter |
10 | services, mental health services, and home visitation. The provision of enhanced services is |
11 | subject to available appropriations. In the event that appropriations are not adequate for the |
12 | provision of these services, the department has the authority to limit the amount, scope and |
13 | duration of these enhanced services. |
14 | (f) The department of human services shall provide for extended family planning services |
15 | for up to twenty-four (24) months postpartum. These services shall be available to women who |
16 | have been determined eligible for RIte Start or for medical assistance under title XIX [42 U.S.C. |
17 | § 1396 et seq.] or title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act. |
18 | SECTION 10. Section 5-37-5.1 of the General Laws in Chapter 5-37 entitled "Board of |
19 | Medical Licensure and Discipline" is hereby amended to read as follows: |
20 | 5-37-5.1. Unprofessional conduct. |
21 | The term "unprofessional conduct" as used in this chapter includes, but is not limited to, |
22 | the following items or any combination of these items and may be further defined by regulations |
23 | established by the board with the prior approval of the director: |
24 | (1) Fraudulent or deceptive procuring or use of a license or limited registration; |
25 | (2) All advertising of medical business, which is intended or has a tendency to deceive |
26 | the public; |
27 | (3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of |
28 | a crime arising out of the practice of medicine; |
29 | (4) Abandoning a patient; |
30 | (5) Dependence upon controlled substances, habitual drunkenness, or rendering |
31 | professional services to a patient while the physician or limited registrant is intoxicated or |
32 | incapacitated by the use of drugs; |
33 | (6) Promotion by a physician or limited registrant of the sale of drugs, devices, |
34 | appliances, or goods or services provided for a patient in a manner as to exploit the patient for the |
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1 | financial gain of the physician or limited registrant; |
2 | (7) Immoral conduct of a physician or limited registrant in the practice of medicine; |
3 | (8) Willfully making and filing false reports or records in the practice of medicine; |
4 | (9) Willfully omitting to file or record, or willfully impeding or obstructing a filing or |
5 | recording, or inducing another person to omit to file or record, medical or other reports as |
6 | required by law; |
7 | (10) Failing to furnish details of a patient's medical record to succeeding physicians, |
8 | health care facility, or other health care providers upon proper request pursuant to § 5-37.3-4; |
9 | (11) Soliciting professional patronage by agents or persons or profiting from acts of those |
10 | representing themselves to be agents of the licensed physician or limited registrants; |
11 | (12) Dividing fees or agreeing to split or divide the fees received for professional services |
12 | for any person for bringing to or referring a patient; |
13 | (13) Agreeing with clinical or bioanalytical laboratories to accept payments from these |
14 | laboratories for individual tests or test series for patients; |
15 | (14) Making willful misrepresentations in treatments; |
16 | (15) Practicing medicine with an unlicensed physician except in an accredited |
17 | preceptorship or residency training program, or aiding or abetting unlicensed persons in the |
18 | practice of medicine; |
19 | (16) Gross and willful overcharging for professional services; including filing of false |
20 | statements for collection of fees for which services are not rendered, or willfully making or |
21 | assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in |
22 | determining rights to health care or other benefits; |
23 | (17) Offering, undertaking, or agreeing to cure or treat disease by a secret method, |
24 | procedure, treatment or medicine; |
25 | (18) Professional or mental incompetency; |
26 | (19) Incompetent, negligent, or willful misconduct in the practice of medicine which |
27 | includes the rendering of medically unnecessary services, and any departure from, or the failure |
28 | to conform to, the minimal standards of acceptable and prevailing medical practice in his or her |
29 | area of expertise as is determined by the board. The board does not need to establish actual injury |
30 | to the patient in order to adjudge a physician or limited registrant guilty of the unacceptable |
31 | medical practice in this subdivision; |
32 | (20) Failing to comply with the provisions of chapter 4.7 of title 23; |
33 | (21) Surrender, revocation, suspension, limitation of privilege based on quality of care |
34 | provided, or any other disciplinary action against a license or authorization to practice medicine |
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1 | in another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary |
2 | action relating to a membership on any medical staff or in any medical or professional association |
3 | or society while under disciplinary investigation by any of those authorities or bodies for acts or |
4 | conduct similar to acts or conduct which would constitute grounds for action as described in this |
5 | chapter; |
6 | (22) Multiple adverse judgments, settlements or awards arising from medical liability |
7 | claims related to acts or conduct which would constitute grounds for action as described in this |
8 | chapter; |
9 | (23) Failing to furnish the board, its chief administrative officer, investigator or |
10 | representatives, information legally requested by the board; |
11 | (24) Violating any provision or provisions of this chapter or the rules and regulations of |
12 | the board or any rules or regulations promulgated by the director or of an action, stipulation, or |
13 | agreement of the board; |
14 | (25) Cheating on or attempting to subvert the licensing examination; |
15 | (26) Violating any state or federal law or regulation relating to controlled substances; |
16 | (27) Failing to maintain standards established by peer review boards, including, but not |
17 | limited to, standards related to proper utilization of services, use of nonaccepted procedure, |
18 | and/or quality of care; |
19 | (28) A pattern of medical malpractice, or willful or gross malpractice on a particular |
20 | occasion; |
21 | (29) Agreeing to treat a beneficiary of health insurance under title XVIII of the Social |
22 | Security Act, 42 U.S.C. § 1395 et seq., "Medicare Act", and then charging or collecting from this |
23 | beneficiary any amount in excess of the amount or amounts permitted pursuant to the Medicare |
24 | Act; or |
25 | (30) Sexual contact between a physician and patient during the existence of the |
26 | physician/patient relationship; or |
27 | (31) Knowingly violating the provisions of subsection 23-4.13-2(d). |
28 | SECTION 11. This act shall take effect upon passage. |
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LC000518/SUB B/2 | |
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| LC000518/SUB B/2 - Page 12 of 13 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY - THE REPRODUCTIVE PRIVACY ACT | |
*** | |
1 | This act would serve to codify the privacy rights guaranteed by the decision reached in |
2 | the United States Supreme Court case of Roe v. Wade, 410 U.S. 113 (1973) and its progeny. |
3 | This act would take effect upon passage. |
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LC000518/SUB B/2 | |
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| LC000518/SUB B/2 - Page 13 of 13 |