2013 -- H 5763

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LC01463

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- NURSES

     Introduced By: Representatives Bennett, McNamara, Cimini, and Ajello

     Date Introduced: February 28, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-34-25 of the General Laws in Chapter 5-34 entitled "Nurses" is

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hereby amended to read as follows:

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     5-34-25. Procedure for discipline of licensees. -- (a) Upon filing a timely sworn

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complaint within a time period the board considers reasonable with the board charging a person

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with having been guilty of any of the actions specified in section 5-34-24, two (2) or more

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members of the board of nurse registration and nursing education immediately shall investigate

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those charges, or the board, after investigation, may institute charges.

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      (b) In the event that investigation, in the opinion of the board, reveals reasonable

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grounds for believing the applicant or licensee is guilty of the charges, the board shall notify the

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licensee of the charges and the time and place for a hearing at least twenty (20) days prior to the

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time fixed for the hearing. A hearing committee shall be designated by the chairperson consisting

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of three (3) other members of the board, at least one of whom shall be a professional nurse. The

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hearing shall be conducted by a hearing officer appointed by the director of the department of

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health. At the hearing, the accused has the right to appear personally, or by counsel, or both, to

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produce witnesses and to have subpoenas issued by the board hearing officer. The attendance of

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witnesses and the production of books, documents, and papers at the hearing may be compelled

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by subpoenas issued by the board, which is served in accordance with the law. At the hearing, the

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board hearing officer shall administer oaths that may be necessary for the proper conduct of the

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hearing. The board hearing committee shall read the transcript, review the evidence and, after

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deliberation, is not bound by the strict rules of procedure or by the laws of evidence in the

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conduct of its proceedings, but the determination shall be based upon sufficient legal evidence to

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sustain it. The hearing officer shall be responsible for conducting the hearing and writing a

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proposed findings of fact and conclusions of law along with a recommendation of a sanction, if

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warranted. The board shall complete the investigation of each complaint and issue a decision

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within six (6) months of the receipt of the complaint. The board hearing committee shall read the

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transcript, review the evidence and after deliberation may extend the time for issuing its decision

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beyond the initial six (6) month period in documented cases in which delays in the process are the

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direct result of requests or actions by the accused and/or his or her representative(s) or other good

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cause. The board hearing officer, on a case-by-case basis, for good cause shown in writing, may

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extend the time for issuing its decision. If the accused is found guilty of the charges, the board

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hearing officer may revoke, suspend, or otherwise discipline a licensee.

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      (c) All hearings held under this section shall be conducted in accordance with the

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provisions of chapter 35 of title 42, "Administrative Procedures Act."

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     SECTION 2. This act shall take effect upon passage.

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LC01463

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- NURSES

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     This act would provide that a hearing committee headed by a hearing officer, conduct

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hearings and report to the nurse's board findings to determine any action or discipline that may be

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imposed. The act would eliminate the need to have the entire board present at all hearings.

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     This act would take effect upon passage.

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LC01463

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