2023 -- H 5163

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- RYAN'S LAW

     Introduced By: Representatives Fellela, Cardillo, Serpa, and Baginski

     Date Introduced: January 19, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-90-1 of the General Laws in Chapter 5-90 entitled "Ryan’s Law"

is hereby amended to read as follows:

     5-90-1. Authority to fine healthcare professionals and assess administrative costs.

     (a)(1) Any licensing board responsible for governing the professional conduct of

individuals with the authority to prescribe controlled substances shall have the authority to assess

a fine against a licensee who has been found guilty of unprofessional conduct and/or violating any

provision of the general laws, any rule, any regulation, any order, any license, or any approval

issued by the director.

     (2)(i) No such fine shall be assessed for the first charge or count against a licensee.

     (ii) Any fine assessed against a licensee for the second charge or count, regardless if the

charge or count appears on the first complaint or a subsequent complaint, shall not exceed one

thousand dollars ($1,000).

     (iii) Any fine assessed against a licensee for each charge or count subsequent to the second

charge or count, regardless if the charge or count appears on the first complaint or a subsequent

complaint, shall not exceed five thousand dollars ($5,000).

     (b) Any licensee who fails to pay an assessed fine within the time period prescribed by the

relevant licensing board shall be subject to disciplinary action, up to and including revocation.

     (c) When an individual licensed by a board described in subsection (a):

     (1) Concurrently holds at least one other license issued by a regulatory entity subject to the

jurisdiction of the department; and

     (2) Fails to comply with any provision of the general laws, any rule, any regulation, any

order, any license, or any approval issued by the director, only one board may issue a fine for the

licensed individual’s unprofessional conduct in connection therewith.

     (d) Prior to the assessment of a fine under this section, the department of health shall adopt

rules and regulations providing guidance on the appropriate range of sanctions and the criteria to

be considered when recommending specific sanctions or administrative monetary penalties to the

director.

     (e) Any licensing board responsible for governing the professional conduct of individuals

with the authority to prescribe controlled substances shall have the authority to assess against the

individual the administrative costs of the proceedings instituted against the licensee under this

chapter; provided that, this assessment shall not exceed five thousand dollars ($5,000), except for

those individuals licensed under chapter 37 of this title.

     (f) In addition to any other penalty authorized pursuant to this section, the board may

impose a probationary period on any licensee found guilty of unprofessional conduct for a period

of three (3) to five (5) years to be determined by the board. Any subsequent violation occurring

during a licensee's probationary period shall result in a suspension or revocation of licensure.

     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 -- RYAN'S LAW

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     This act would allow for a probationary period of three (3) to five (5) years for any licensee

found guilty of unprofessional conduct.

     This act would take effect upon passage.

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