law21396

Chapter 396

2021 -- S 0256 SUBSTITUTE A AS AMENDED
Enacted 07/14/2021

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

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 HEALTHCARE PROFESSIONALS

5-90-1. Authority to fine health care healthcare professionals and assess

administrative costs.

(a)(1) 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) (2)(i) No such fine shall be assessed for the first charge or count against a licensee.

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

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

one thousand dollars ($1,000).

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

second charge or count, regardless if such the 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.

concurrently:

(1) Holds Concurrently 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.

(e) Any licensing board responsible for governing the professional conduct of individuals

with the authority to prescribe controlled substances shall have the authority to assess against the

individual the administrative costs of the proceedings instituted against the licensee under this

chapter; provided that, this assessment shall not exceed five thousand dollars ($5,000), except for

those individuals licensed under chapter 37 of title 5 this title.

SECTION 3. This act shall take effect upon passage.

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LC001405/SUB A

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