Chapter 095 |
2025 -- H 5108 SUBSTITUTE A AS AMENDED Enacted 06/23/2025 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS -- BOARD OF MEDICAL LICENSURE AND DISCIPLINE |
Introduced By: Representatives Solomon, Casimiro, Cruz, McNamara, J. Lombardi, Ackerman, Cortvriend, Biah, McGaw, and Marszalkowski |
Date Introduced: January 22, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 5-37-1 and 5-37-16 of the General Laws in Chapter 5-37 entitled |
"Board of Medical Licensure and Discipline" are hereby amended to read as follows: |
5-37-1. Definitions. |
(a) As used in this chapter: |
(1) "ACGME" means the Accreditation Council for Graduate Medical Education. |
(2) "ACGME-I" means the Accreditation Council for Graduate Medical Education- |
International. |
(1)(3) "Board" means the Rhode Island board of medical licensure and discipline or any |
committee or subcommittee thereof. |
(2)(4) "Chief administrative officer" means the administrator of the Rhode Island board of |
medical licensure and discipline. |
(3)(5) "Department" means the Rhode Island department of health. |
(4)(6) "Director" means the director of the Rhode Island department of health. |
(7) "ECFMG" means the Educational Commission for Foreign Medical Graduates. |
(8) "GME" means graduate medical education, which is specialty-specific clinical training |
that commences after graduation from medical school and provides physicians with the knowledge |
and clinical skills necessary to practice their specialty independently. GME curricula and clinical |
experience vary widely across countries and do not have uniform standards. |
(5)(9) "Healthcare facility" means any institutional health-service provider licensed |
pursuant to the provisions of chapter 17 of title 23. |
(6)(10) "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. |
(11) "Internationally-trained physician" means a physician who has received a degree of |
doctor of medicine or its equivalent from a medical school located outside the United States with |
recognized accreditation status from ECFMG; has completed the required years of training in a |
residency program accredited by ACGME-I or in a residency program in a country whose GME |
accrediting agency has been recognized by the WFME, or programs accredited by another |
accreditation authority approved by the board; and who has been licensed or otherwise authorized |
to practice medicine in a country other than the United States for at least three (3) years with an |
unrestricted medical license. Physicians who have completed ACGME-accredited residency |
training in the United States or Royal College of Physicians and Surgeons-accredited residency |
training in Canada are not internationally-trained physicians. |
(12) "Limited international physician registrant" means an internationally-trained |
physician granted a limited license pursuant to the provisions of this chapter. |
(7)(13) "Limited registrant" means a person holding a limited-registration certificate |
pursuant to the provisions of this chapter. |
(8)(14) "Medical malpractice" or "malpractice" means any tort, or breach of contract, based |
on health care or professional services rendered or that should have been rendered, by a physician, |
dentist, hospital, clinic, health-maintenance organization, or professional service corporation |
providing healthcare 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)(15) "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)(16) "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. |
(11)(17) "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. |
(18) "Participating healthcare facility" means a federally-qualified health center, |
community health center, hospital, or other healthcare facility that provides a board-approved |
assessment, training, and evaluation program designed to develop, assess, train, and evaluate an |
internationally-trained physician's clinical and non-clinicalnonclinical skills, including training in |
identified clinical and non-clinicalnonclinical gaps identified by the physician(s) in the facility. |
(12)(19)(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 healthcare |
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 healthcare services or to determine that |
healthcare 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 healthcare services in the area and shall include a committee |
functioning as a utilization-review committee under the provisions of 42 U.S.C. § 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. § 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 |
that 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 healthcare 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. |
(13)(20) "Person" means any individual, partnership, firm, corporation, association, trust |
or estate, state or political subdivision, or instrumentality of a state. |
(14)(21) "Physician" means a person with a license to practice allopathic or osteopathic |
medicine in this state under the provisions of this chapter. |
(15)(22) "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 herselfthemself 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 hertheir name |
indicating that he or she isthey are 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. |
(23) "USMLE" means the United States Medical Licensing Examination which consists |
of three (3) steps: |
(i) Step 1 of the USMLE requires an assessment of the examinee's understanding of and |
ability to apply important concepts of the basic sciences to the practice of medicine, with special |
emphasis on principles and mechanisms underlying health disease, and modes of therapy; |
(ii) Step 2 of the USMLE requires an assessment of the examinee's ability to apply |
knowledge, skills, and understanding of clinical science essentials for the provision of patient care |
under supervision, with an emphasis on health promotion and disease prevention; |
(iii) Step 3 of the USMLE requires an assessment of the examinee's ability to apply medical |
knowledge and understanding of biomedical and clinical science essential for the unsupervised |
practice of medicine, with the emphasis on patient management in ambulatory settings. |
(24) "WFME" means the World Federation for Medical Education. |
(25b) Notwithstanding any foreign medical graduate post graduate training requirements |
to the contrary, such requirements shall be deemed satisfied and the board shall issue a full, |
unrestricted license to practice medicine in Rhode Island if the following criteria are met: |
(i1) Ten (10) years' experience as a fully licensed physician in good standing in another |
state; |
(ii2) Board certification in the physician's area of specialty; and |
(iii3) Membership in a recognized professional organization specific to the physician's area |
of specialty. |
5-37-16. Limited registrations. |
(a) An applicant for limited registration under this chapter who furnishes the board with |
satisfactory proof that the applicant is eighteen (18) years of age or older and of good moral |
character; that the applicant has graduated from a legally chartered medical school or school of |
osteopathic medicine having power to grant degrees in allopathic or osteopathic medicine; and that |
the applicant has been appointed an intern, resident, fellow, or medical officer in a hospital or other |
institution maintained by the state, or by a city or town, or in a hospital or clinic that is incorporated |
under the laws of this state, or in a clinic that is affiliated with a hospital licensed by the department |
of health, or in an outpatient clinic operated by the state, may, upon the payment as set forth in § |
23-1-54, be registered by the board as a hospital medical officer for any time that the board may |
prescribe. This limited registration shall entitle the applicant to practice medicine in the hospital or |
other institution designated on his or her certificate of limited registration, or outside this hospital |
or other institution for the treatment, under the supervision of one of its medical officers who is a |
licensed physician, of persons accepted by it as patients, or in any hospital, institution, clinic, or |
program affiliated for training purposes with the hospital, institution, or clinic designated on this |
certificate, which affiliation is approved by the board, and in any case under regulations established |
by the hospital, institution, or clinic; provided, that each hospital, institution, or clinic annually |
submits to the board a list of affiliated hospitals, institutions, clinics, or programs providing training |
programs that comply with the terms of this section. Limited registration under this section may be |
revoked at any time by the board. |
(b) Notwithstanding the other provisions of subsection (a) of this section, an |
internationally-trained physician who has been licensed or otherwise authorized to practice |
medicine in a country other than the United States shall be eligible to apply for a limited |
international physician registration (license) to practice medicine for a renewable one-year term |
after satisfying the criteria in subsection (c) of this section; provided, however, that such limited |
registration shall provide a pathway to apply for the issuance of a full unrestricted license to practice |
medicine in accordance with, and upon satisfaction of, the criteria in subsection (f) of this section. |
(c) The board shall issue a limited license international physician license to an applicant if |
the participating healthcare facility and the applicant submit evidence acceptable to the board that |
the applicant: |
(1) Is an internationally-trained physician; |
(2) Has a valid certificate issued by the Educational Commission for Foreign Medical |
Graduates; provided, however, that the board may waive such certification at its discretion where |
the applicant is unable to obtain the required documentation from a non-cooperating country; |
(3) Has achieved a passing score on both of Steps 1 and 2 (clinical knowledge) of the |
United States Medical Licensing Examination within three (3) attempts for each step; |
(4) Has entered into an agreement with the participating healthcare facility providing that |
the facility shall assess, train, and evaluate the applicant's clinical and nonclinical skills to ensure |
standards appropriate for medical practice in Rhode Island, according to the assessment and |
evaluation criteria developed or approved by the board; |
(5) Will enter a full-time employment relationship with that participating healthcare facility |
after the board issues a limited international physician license pursuant to this subsection; and |
(6) Has satisfied other criteria that the board may require for issuance of a limited |
international physician license pursuant to this section. |
(d) The one-year limited international physician license may be renewed twice, for a total |
three-(3)year (3) term of limited international physician registration for physicians in primary care |
specialties and may be renewed for the total number of years required for ACGME-accredited |
residency training in other specialties, at the discretion of the board. |
(e) To be eligible to apply for a full medical license to practice medicine in Rhode Island, |
an internationally-trained physician shall provide the board with proof of the following: |
(1) Successful completion of the participating healthcare facility's assessment, training, and |
evaluation program, with an attestation from the facility that the physician is competent to practice |
their specialty independently; |
(2) A passing score on Step 3 of the USMLE within three (3) attempts; and |
(3) The license shall authorize the holder to practice independently in a primary care |
specialty, psychiatry, or other specialty approved by the board. |
(b)(f) The director may promulgate any rules and regulations that he or shethe director |
deems necessary to carry out the provisions of this chapter. |
SECTION 2. This act shall take effect upon passage. |
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LC000280/SUB A |
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