2021 -- S 0256 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

     Introduced By: Senators Miller, Valverde, Lawson, Goldin, Kallman, and DiMario

     Date Introduced: February 10, 2021

     Referred To: Senate Judiciary

     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 PROFESSIONALS

     5-90-1. Authority to fine health care professionals.

     (a) 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) No such fine shall be assessed for the first charge or count against a licensee.

     (2) Any fine assessed against a licensee for the second charge or count, regardless if such

charge or count appears on the first complaint or a subsequent complaint, shall not exceed one

thousand dollars ($1,000).

     (3) Any fine assessed against a licensee for each charge or count subsequent to the second

charge or count, regardless if such 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 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.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

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     This act would increase the maximum fine amount for those found guilty of unprofessional

conduct by the board of medical licensure and discipline from ten thousand dollars ($10,000) to

thirty thousand dollars ($30,000), and would establish a new chapter of the general laws which

gives the board of medical licensure and discipline the authority to levy fines.

     This act would take effect upon passage.

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