Chapter 096
2012 -- H 7889
Enacted 05/25/12
A N A C T
RELATING TO THE
BOARD OF MEDICAL LICENSURE AND DISCIPLINE
Introduced
By: Representatives Bennett,
Date Introduced: March 06, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 5-37-1 of the General Laws in Chapter
5-37 entitled "Board of
Medical Licensure and
Discipline" is hereby amended to read as follows:
5-37-1.
Definitions. -- As used in this chapter:
(1) "Board"
means the
committee or subcommittee thereof.
(2) "Chief
administrative officer" means the administrator of the
medical licensure and discipline.
(3)
"Department" means the
(4)
"Director" means director of the
(5) "Health care
facility" means any institutional health service provider licensed
pursuant to the provisions of chapter 17 of title 23.
(6) "Health
maintenance organization" means a public or private organization licensed
pursuant to the provisions of chapter 17 of title 23 or
chapter 41 of title 27.
(7) "Limited
registrant" means a person holding a limited registration certificate pursuant
to the provisions of this chapter.
(8) "Medical
malpractice" or "malpractice" means any tort, or breach of
contract based
on health care or professional services rendered, or
which should have been rendered, by a
physician, dentist, hospital, clinic, health maintenance
organization or professional service
corporation providing health care services and organized under
chapter 5.1 of title 7, to a patient
or the rendering of medically unnecessary services
except at the informed request of the patient.
(9) "Medical
practice group" means a single legal entity formed primarily for the
purpose of being a physician group practice in any
organizational form recognized by the state in
which the group practice achieves its legal status, including,
but not limited to, a partnership,
professional corporation, limited liability company, limited
liability partnership, foundation, not-
for-profit corporation, faculty practice plan, or similar
association.
(10) “Medical
record” means a record of a patient’s medical information and treatment
history maintained by physicians and other medical personnel,
which includes, but is not limited
to, information related to medical diagnosis,
immunizations, allergies, x-rays, copies of laboratory
reports, records of prescriptions, and other technical
information used in assessing the patient’s
health condition, whether such information is maintained in
a paper or electronic format.
(10)(11)
"Nonprofit medical services corporation" or "nonprofit hospital
service
corporation" means any corporation organized pursuant to
chapter 19 or chapter 20 of title 27 for
the purpose of establishing, maintaining, and operating a
nonprofit medical service plan.
(11)(12)
(i) "Peer review
board" means any committee of a state or local professional
association or society including a hospital association, or a
committee of any licensed health care
facility, or the medical staff thereof, or any committee of a
medical care foundation or health
maintenance organization, or any committee of a professional
service corporation or nonprofit
corporation employing twenty (20) or more practicing
professionals, organized for the purpose of
furnishing medical service, or any staff committee or consultant
of a hospital service or medical
service corporation, the function of which, or one of the
functions of which is to evaluate and
improve the quality of health care rendered by providers of
health care service or to determine
that health care services rendered were professionally
indicated or were performed in compliance
with the applicable standard of care or that the cost of
health care rendered was considered
reasonable by the providers of professional health care services
in the area and shall include a
committee functioning as a utilization review committee under
the provisions of 42 U.S.C.
section 1395 et seq.(Medicare law) or as a professional
standards review organization or
statewide professional standards review council under the
provisions of 42 U.S.C. section 1301 et
seq. (professional standards review organizations) or
a similar committee or a committee of
similar purpose, to evaluate or review the diagnosis or
treatment of the performance or rendition
of medical or hospital services which are performed
under public medical programs of either state
or federal design.
(ii) "Peer review
board" also means the board of trustees or board of directors of a state
or local professional association or society, a licensed
health care facility, a medical care
foundation, a health maintenance organization, and a hospital
service or medical service
corporation only when such board of trustees or board of
directors is reviewing the proceedings,
records, or recommendations of a peer review board of the
above enumerated organizations.
(12)(13)
"Person" means any individual, partnership, firm, corporation,
association, trust
or estate, state or political subdivision, or
instrumentality of a state.
(13)(14)
"Physician" means a person with a license to practice allopathic or
osteopathic
medicine in this state under the provisions of this chapter.
(14)(15)
"Practice of medicine" includes the practice of allopathic and
osteopathic
medicine. Any person is regarded as practicing medicine within
the meaning of this chapter who
holds himself or herself out as being able to diagnose,
treat, operate, or prescribe for any person
ill or alleged to be ill with disease, pain, injury,
deformity or abnormal physical or mental
condition, or who either professes to heal, offer or undertake,
by any means or method to
diagnose, treat, operate, or prescribe for any person for
disease, pain, injury, deformity or
physical or mental condition. In addition, one who attaches
the title, M.D., physician, surgeon,
D.O., osteopathic physician and surgeon, or any other
similar word or words or abbreviation to
his or her name indicating that he or she is engaged in
the treatment or diagnosis of the diseases,
injuries or conditions of persons shall be held to be engaged
in the practice of medicine.
SECTION 2. This act shall take effect upon passage.
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LC02107
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