Chapter 132

2009 -- H 6225 SUBSTITUTE A

Enacted 07/16/09

A N A C T

RELATING TO HEALTH AND SAFETY - LICENSING OF HEALTH CARE FACILITIES

Introduced By: Representatives Kilmartin, Wasylyk, Lally, and Kennedy

Date Introduced: May 28, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-17-53 of the General Laws in Chapter 23-17 entitled "Licensing

of Health Care Facilities" is hereby amended to read as follows:

23-17-53. Physician contracts. -- (a) A hospital, by contract or otherwise, may not

refuse or fail to grant or renew medical staff membership or staff privileges, or condition or

otherwise limit or restrict medical staff membership or staff privileges, based in whole or in part

on the fact that the physician or a partner, associate, or employee of the physician is providing

medical or health care services at a different hospital, hospital system, or on behalf of a health

plan. Notwithstanding the previous sentence, a hospital may condition or otherwise limit or

restrict staff privileges for reasons related to the availability of limited resources as determined in

advance by the hospital's governing body. Nor shall a hospital by contract, or otherwise, limit a

physician's participation or staff privileges or the participation or staff privileges of a partner,

associate, or employee of the physician at a different hospital, hospital system or health plan.

      (b) This section does not prevent a hospital from entering into contracts with physicians

to ensure physician availability and coverage at the hospital or to comply with regulatory

requirements or quality of care standards established by the governing body of the hospital, if

contracts, requirements or standards do not require that a physician join, participate in or contract

with a physician-hospital organization or similar organization as a condition of the grant or

continuation of medical staff membership or staff privileges at the hospital.

      (c) This section does not prevent the governing body of a hospital from limiting the

number of physicians granted medical staff membership or privileges at the hospital based on a

medical staff development plan that is unrelated to a physician or a partner, associate, or

employee of a physician having medical staff membership or privileges at another hospital or

hospital system.

      (d) A contract provision that violates this section shall be void and of no force and effect.

(e) Hospitals shall allow patients of their medical staff to be evaluated and educated by

the various appropriate departments of the hospital upon referral by their treating physician,

regardless of the physician affiliation, as long as the physician has unrestricted privileges in their

field of practice.

SECTION 2. This act shall take effect upon passage.

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LC02682/SUB A

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