Introduced By: Representatives Salisbury, Kelley and Long
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-37-1.3, 5-37-5.2, and 5-37-5.3 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" are hereby amended to read as follows:
5-37-1.3. Board of medical licensure and discipline -- Powers and duties. -- The board shall have the following duties and powers:
(1) To adopt, amend, and rescind such rules and regulations with the approval of the director as it deems necessary to carry out the provisions of this chapter;
(2) To investigate all complaints and charges of unprofessional conduct against any licensed physician or limited registrant and to hold hearings to determine whether those charges are substantiated or unsubstantiated;
(3) To direct the director of health to license duly qualified applicants for licensure;
(4) To appoint one or more members of the board to act for the members of the board in investigating the conduct or competence of any licensed physician or limited registrant;
(5) To direct the director to revoke, suspend, or implement other disciplinary action with respect to persons licensed or registered under this chapter;
(6) To issue subpoenas and administer oaths in connection with any investigations, hearing, or disciplinary proceedings held under the authority of this chapter;
(7) To take or cause depositions to be taken as needed in any investigation, hearing or proceeding;
(8) To summon and examine witnesses during any investigation, hearing, or proceeding conducted by the board;
(9) To adopt and publish, with the approval of the director, rules of procedure and other regulations in accordance with the Administrative Procedure Act, chapter 35 of title 42.
{ADD (10) To require a licensee to undergo a physical or psychiatric examination by a physician acceptable to the board, from a list provided to the licensee by the board, if probable cause exists to believe that allegations of misconduct against a licensee are caused by an impairment which has directly affected the ability of the licensee to conduct his/her practice professionally. ADD}
{ADD The investigating committee and the board may not discriminate on the basis of disability in the administration of the licensing program, nor subject qualified individuals with disabilities to any discrimination on the basis of disability in its complaint procedure. All decisions of the investigating committee and the board shall be on the allegation of unprofessional conduct and not due to probable cause of the conduct being related to the disability of the licensee. ADD}
{ADD (11) To advise the licensee of the availability of the physicians health committee of the Rhode Island medical society, and in appropriate instances, to refer licensees to that committee for evaluation by appropriate medical professionals. ADD}
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
therefore. The board shall review all complaints {ADD . ADD} {DEL and
in those instances where no referral is made to an investigating
committee, it shall make a written finding of facts with regard
to such complaint. DEL}
(b) If the Board determines that such 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 (1) of whom shall be a public member, to serve as a committee to investigate the complaint. If the complaint relates to a doctor of allopathic medicine at least one (1) member of the investigating committee shall be licensed as an allopathic physician. If the complaint relates to osteopathic physicians one (1) member of such committee shall be licensed as an osteopathic physician.
(c) The Investigating Committee shall {DEL report DEL}
{ADD conduct ADD} its deliberations {ADD and make recommendations ADD}
regarding the complaint to the Board.
{ADD 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 shall remain confidential and all initial hearings, investigatory hearings, and full hearings before the board shall remain confidential. (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/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 the licensee. (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 shall be designated by the chairman and shall consist of three (3) other members of the board at least (1) of whom shall be a physician member and at least one (1) of whom shall be a public member. The chairperson of the board, or the chairperson's designee, shall preside over the hearing. After due deliberation, the hearing committee shall set forth conclusions of fact and of law applicable to the decision it has rendered. The board shall make public all decisions including all conclusions against a license holder as set forth in section 5-37-6.3. ADD}
{DEL (d) No member of the Board who participates in the investigation
may participate in any subsequent hearing or action taken by the
remainder of the board. Investigations shall remain confidential
and all initial hearings, investigatory hearings, and full hearings
before the board shall remain confidential. The investigating
committee, after due deliberation, shall submit its recommendations
(no unprofessional conduct or unprofessional conduct and relevant
sanction(s) or administrative closure). If the recommendation
is no unprofessional conduct, the remaining nine (9) members of
the board shall review the relevant data and vote a final recommendation. DEL}
{DEL (e) In the event, however, of a recommendation of unprofessional
conduct the accused may request a hearing (see following sections
5-37-5.3 and 5-37-5.4). A hearing committee shall be designated
by the Chairperson and shall consist of three (3) other members
of the board at least one (1) of whom shall be a physician member
and at least one (1) of whom shall be a public member. Three (3)
members of the hearing committee shall constitute a quorum for
the transaction of business. The chairperson of the board, or
the chairperson's designee, shall preside over the hearing. After
due deliberation, the hearing committee shall set forth conclusions
of fact and of law applicable to the decision it has rendered.
The Board shall make public all decisions including all conclusions
of fact and law set forth therein which set forth any sanction
against a licensed holder as set forth in section 5-37-6.3. DEL}
5-37-5.3. Specification of charges. -- When the
{DEL board determines, based on the report of the investigating
committee, DEL} {ADD investigating committee determines ADD}
that action is required or the accused requests a hearing on allegations
of unprofessional conduct, a specification of charges of unprofessional
conduct against the licensee or limited registration holder shall
be prepared by the investigating committee and a copy shall be
served upon the accused, together with notice of the hearing,
as provided in section 5-37-5.4. A hearing thereon will then be
scheduled for hearing before the hearing committee of the board.
SECTION 2. This act shall take effect upon passage.
