Chapter 397
2021 -- H 5098 SUBSTITUTE A
Enacted 07/14/2021

A N   A C T
RELATING TO BUSINESSES AND PROFESSIONS -- BOARD OF MEDICAL LICENSURE AND DISCIPLINE

Introduced By: Representative Deborah A. Fellela

Date Introduced: January 22, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Section 5-37-6.3 of the General Laws in Chapter 5-37 entitled "Board of
Medical Licensure and Discipline" is hereby amended to read as follows:
     5-37-6.3. Sanctions.
     If the accused is found guilty of unprofessional conduct as described in § 5-37-6.2, the
director, at the direction of the board, shall impose one or more of the following conditions:
     (1) Administer a reprimand;
     (2) Suspend or limit or restrict his or her license or limited registration to practice medicine;
     (3) Require him or her to serve a period of probation subject to certain conditions and
requirements including, where appropriate, sanctions or restitution;
     (4) Revoke indefinitely his or her license or limited registration to practice medicine;
     (5) Require him or her to submit to the care, counseling, or treatment of a physician or
program acceptable to the board;
     (6) Require him or her to participate in a program of continuing medical education in the
area or areas in which he or she has been judged deficient;
     (7) Require him or her to practice under the direction of a physician in a public institution,
public or private healthcare program, or private practice for a period of time specified by the board;
     (8) Assess against the physician the administrative costs of the proceedings instituted
against the physician under this chapter; provided, that this assessment does not exceed ten
thousand dollars ($10,000) thirty thousand dollars ($30,000);
     (9) Any other conditions or restrictions deemed appropriate under the circumstances.
     SECTION 2. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"
is hereby amended by adding thereto the following chapter:
CHAPTER 90
     AUTHORITY TO FINE HEALTH CARE HEALTHCARE PROFESSIONALS
     5-90-1. Authority to fine health care 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.
     (1) (2)(i) No such fine shall be assessed for the first charge or count against a licensee.
     (2) (ii) Any fine assessed against a licensee for the second charge or count, regardless if
such the charge or count appears on the first complaint or a subsequent complaint, shall not exceed
one thousand dollars ($1,000).
     (3) (iii) Any fine assessed against a licensee for each charge or count subsequent to the
second charge or count, regardless if such 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) of this section
concurrently:
      (1) Holds 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 title 5 this title.
     SECTION 3. This act shall take effect upon passage.
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LC000508/SUB A/5
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