2021 -- S 0256 SUBSTITUTE A AS AMENDED | |
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LC001405/SUB 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 | |
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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: | |
1 | SECTION 1. Section 5-37-6.3 of the General Laws in Chapter 5-37 entitled "Board of |
2 | Medical Licensure and Discipline" is hereby amended to read as follows: |
3 | 5-37-6.3. Sanctions. |
4 | If the accused is found guilty of unprofessional conduct as described in § 5-37-6.2, the |
5 | director, at the direction of the board, shall impose one or more of the following conditions: |
6 | (1) Administer a reprimand; |
7 | (2) Suspend or limit or restrict his or her license or limited registration to practice medicine; |
8 | (3) Require him or her to serve a period of probation subject to certain conditions and |
9 | requirements including, where appropriate, sanctions or restitution; |
10 | (4) Revoke indefinitely his or her license or limited registration to practice medicine; |
11 | (5) Require him or her to submit to the care, counseling, or treatment of a physician or |
12 | program acceptable to the board; |
13 | (6) Require him or her to participate in a program of continuing medical education in the |
14 | area or areas in which he or she has been judged deficient; |
15 | (7) Require him or her to practice under the direction of a physician in a public institution, |
16 | public or private healthcare program, or private practice for a period of time specified by the board; |
17 | (8) Assess against the physician the administrative costs of the proceedings instituted |
18 | against the physician under this chapter; provided, that this assessment does not exceed ten |
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1 | thousand dollars ($10,000) thirty thousand dollars ($30,000); |
2 | (9) Any other conditions or restrictions deemed appropriate under the circumstances. |
3 | SECTION 2. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" |
4 | is hereby amended by adding thereto the following chapter: |
5 | CHAPTER 90 |
6 | AUTHORITY TO FINE HEALTH CARE PROFESSIONALS |
7 | 5-90-1. Authority to fine health care professionals and assess administrative costs. |
8 | (a) Any licensing board responsible for governing the professional conduct of individuals |
9 | with the authority to prescribe controlled substances shall have the authority to assess a fine against |
10 | a licensee who has been found guilty of unprofessional conduct and/or violating any provision of |
11 | the general laws, any rule, any regulation, any order, any license, or any approval issued by the |
12 | director. |
13 | (1) No such fine shall be assessed for the first charge or count against a licensee. |
14 | (2) Any fine assessed against a licensee for the second charge or count, regardless if such |
15 | charge or count appears on the first complaint or a subsequent complaint, shall not exceed one |
16 | thousand dollars ($1,000). |
17 | (3) Any fine assessed against a licensee for each charge or count subsequent to the second |
18 | charge or count, regardless if such charge or count appears on the first complaint or a subsequent |
19 | complaint, shall not exceed five thousand dollars ($5,000). |
20 | (b) Any licensee who fails to pay an assessed fine within the time period prescribed by the |
21 | relevant licensing board shall be subject to disciplinary action, up to and including revocation. |
22 | (c) When an individual licensed by a board described in subsection (a) of this section |
23 | concurrently: |
24 | (1) Holds at least one other license issued by a regulatory entity subject to the jurisdiction |
25 | of the department; and |
26 | (2) Fails to comply with any provision of the general laws, any rule, any regulation, any |
27 | order, any license, or any approval issued by the director, only one board may issue a fine for the |
28 | licensed individual’s unprofessional conduct in connection therewith. |
29 | (d) Prior to the assessment of a fine under this section, the department of health shall adopt |
30 | rules and regulations providing guidance on the appropriate range of sanctions and the criteria to |
31 | be considered when recommending specific sanctions or administrative monetary penalties to the |
32 | director. |
33 | (e) Any licensing board responsible for governing the professional conduct of individuals |
34 | with the authority to prescribe controlled substances shall have the authority to assess against the |
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1 | individual the administrative costs of the proceedings instituted against the licensee under this |
2 | chapter; provided that, this assessment shall not exceed five thousand dollars ($5,000), except for |
3 | those individuals licensed under chapter 37 of title 5. |
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1 | SECTION 3. This act shall take effect upon passage. |
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LC001405/SUB A | |
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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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1 | This act would increase the maximum fine amount for those found guilty of unprofessional |
2 | conduct by the board of medical licensure and discipline from ten thousand dollars ($10,000) to |
3 | thirty thousand dollars ($30,000), and would establish a new chapter of the general laws which |
4 | gives the board of medical licensure and discipline the authority to levy fines. |
5 | This act would take effect upon passage. |
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