Chapter 177

2003 -- H 5954

Enacted 07/10/03

A N A C T

RELATING TO BUSINESS AND PROFESSIONS -- BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

Introduced By: Representatives Costantino, and Slater

Date Introduced: February 12, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-37-5.2 of the General Laws in Chapter 5-37 entitled "Board of

Medical Licensure and Discipline" is hereby amended to read as follows:

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 for the complaint. The board

reviews all complaints.

      (b) If the board determines that the 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 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 member of the investigating committee shall be licensed as an allopathic

physician. If the complaint relates to an osteopathic physician one member of the committee shall

be licensed as an osteopathic physician. If the complaint relates to a procedure involving

osteopathic manipulative treatment (OMT), at least one member of the investigating committee

shall be an osteopathic physician member of the board.

      (c) The investigating committee shall conduct its deliberations and make

recommendations regarding the complaint to the board.

      (d) 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 remain

confidential and all initial hearings, investigatory hearings, and full hearings before the board

remain confidential.

      (e) (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 or 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 is designated by the chairperson consisting of three

(3) other members of the board, at least one of whom shall be a physician member and at least

one of whom is a public member. The chairperson of the board, or the chairperson's designee,

presides over the hearing. After deliberation, the hearing committee presents conclusions of fact

and of law applicable to the decision it has rendered. If the complaint relates to a procedure

involving osteopathic manipulative treatment (OMT), at least one member of the investigating

committee shall be an osteopathic physician member of the board. The hearing shall be conducted

by a hearing officer appointed by the director of health. The hearing officer shall be responsible

for conducting the hearing and writing a proposed findings of fact and conclusions of law along

with a recommendation of a sanction, if warranted. The hearing committee shall read the

transcript and review the evidence and, after deliberation, the hearing committee shall issue a

final decision including conclusions of fact and of law. The board makes public all decisions

including all conclusions against a license holder as listed in section 5-37-6.3.

     SECTION 2. This act shall take effect upon passage.

=======

LC02352

=======