2003 -- H 5954
A N A C T
RELATING TO BUSINESS AND PROFESSIONS -- BOARD OF MEDICAL LICENSURE
Introduced By: Representatives Costantino, and Slater
Date Introduced: February 12, 2003
SECTION 1. Section 5-37-5.2 of the General Laws in Chapter 5-37 entitled "Board of
Medical Licensure and Discipline" is hereby amended to read as follows:
5-37-5.2. Complaints. -- (a) Any person, firm, corporation, or public officer may submit
a written complaint to the board charging the holder of a license to practice medicine or limited
registrant with unprofessional conduct, specifying the grounds for the complaint. The board
reviews all complaints.
(b) If the board determines that the complaint merits consideration, or if the board, on its
own initiative without a formal complaint, has reason to believe that any holder of a license or
limited registration to practice medicine may be guilty of unprofessional conduct, the chairperson
shall designate three (3) members of the board at least one of whom shall be a public member, to
serve as a committee to investigate
If the complaint relates to a doctor of allopathic medicine at least one member of
the investigating committee shall be licensed as an allopathic physician. If the complaint
relates to an osteopathic physician one member of the committee shall be licensed as an osteopathic
physician. If the complaint relates
to a procedure involving
osteopathic manipulative treatment (OMT), at least one member of the investigating committee
shall be an osteopathic physician member of the board.
(c) The investigating committee shall conduct its deliberations and make
recommendations regarding the complaint to the board.
(d) No member of the board who participated in the investigation may participate in any
subsequent hearing or action taken by the remainder of the board. Investigations remain
confidential and all initial hearings, investigatory hearings, and full hearings before the board
(e) (1) If the recommendation is no unprofessional conduct, the remaining members of
the board shall review the relevant data and vote a final recommendation.
(2) If the investigating committee has probable cause to believe the alleged
unprofessional conduct of the licensee is caused by an impairment which has directly affected the
ability of the licensee to conduct his or her practice professionally, the committee may use its
authority under 5-37-1.3(10) to assist in further deliberations regarding the alleged misconduct of
(3) In the event of a determination by the investigating committee of probable cause for a
finding of unprofessional conduct, the accused may request a hearing (see following sections 5-
37-5.3 and 5-37-5.4). A hearing committee is designated by the chairperson consisting of three
(3) other members of the board, at least one of whom shall be a physician member and at least
one of whom is a public member.
chairperson of the board, or the chairperson's designee, presides over the hearing. After
deliberation, the hearing committee presents conclusions of fact and of law applicable to the
decision it has rendered. If the
complaint relates to a procedure
involving osteopathic manipulative treatment (OMT), at least one member of the investigating
committee shall be an osteopathic physician member of the board. The hearing shall be conducted
by a hearing officer appointed by the director of health. The hearing officer shall be responsible
for conducting the hearing and writing a proposed findings of fact and conclusions of law along
with a recommendation of a sanction, if warranted. The hearing committee shall read the
transcript and review the evidence and, after deliberation, the hearing committee shall issue a
final decision including conclusions of fact and of law. The board makes public all decisions
including all conclusions against a license holder as listed in section 5-37-6.3.
SECTION 2. This act shall take effect upon passage.