Chapter 132 |
2025 -- H 6036 SUBSTITUTE A Enacted 06/24/2025 |
A N A C T |
RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLINICIAN WELLNESS AND SUPPORT ACT |
Introduced By: Representatives Edwards, Potter, Bennett, Kazarian, Stewart, Kislak, Tanzi, Caldwell, Shanley, and Donovan |
Date Introduced: March 07, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
amended by adding thereto the following chapter: |
CHAPTER 104 |
THE RHODE ISLAND CLINICIAN WELLNESS AND SUPPORT ACT |
23-104-1. Title. |
This act shall be known and may be cited as "The Rhode Island Clinician Wellness and |
Support Act." |
23-104-2. Purpose. |
The purpose of this act is to protect and promote the well-being of physicians, physician |
assistants, dentists, and podiatrists. |
23-104-3. Authority. |
The director of the department of health or the director’s designee are authorized to oversee |
compliance with the provisions of this chapter. |
23-104-4. Definitions. |
As used in this chapter: |
(1) “Clinician” means a physician, physician assistant, dentist, or podiatrist who seeks |
and/or receives support from a health program defined in this chapter. |
(2) “Physician health program (PHP) ” means the Rhode Island physician health program, |
a confidential resource program established and administered by the Rhode Island Medical Society |
or a comparable organization to promote and support the physical and mental well-being of |
physicians, physician assistants, dentists, and podiatrists who may benefit from help to address |
physical and/or behavioral health concerns that may be affecting their personal and professional |
quality of life. |
23-104-5. Recognition and expansion of confidential clinician wellness programs. |
Physicians, physician assistants, podiatrists, and dentists. |
(1) The physician health program (PHP) or comparable program shall be recognized as a |
designated entity to provide confidential, non-disciplinary assistance to physicians, physician |
assistants, dentists, and podiatrists experiencing burnout, mental health challenges, or substance |
use disorders. |
(2) The PHP shall continue working with professional medical, dental, podiatric, and |
physician assistant associations, private healthcare organizations, and insurers to support physician, |
physician assistant, dentist, and podiatrist wellness resources without reliance on state funding. |
(3) The PHP shall maintain its early intervention and peer support programs to help |
clinicians seek care before health conditions impact patient safety. |
23-104-6. Confidentiality protections for clinicians seeking assistance. |
(a) Clinicians who voluntarily seek help through the PHP or comparable program shall be |
protected from automatic reporting to their respective licensing boards, provided the clinician |
complies with treatment recommendations and does not pose a risk to patient safety. |
(b) Communications between clinicians and personnel of the PHP or comparable program |
shall be confidential and privileged under Rhode Island law, similar to attorney-client and peer |
support protections. |
(c) The PHP or comparable program may act as intermediaries between clinicians and the |
relevant licensing board to ensure that clinicians can obtain care without unnecessary professional |
repercussions. |
23-104-7. Licensing and reporting reforms. |
Mental health disclosure reform. |
(1) The board of examiners in podiatry (chapter 29 of title 5), the board of examiners in |
dentistry (chapter 31.1 of title 5), the board of medical licensure and discipline (chapter 37 of title |
5), and the board of licensure for physician assistants (chapter 54 of title 5) shall revise licensing |
and renewal applications to: |
(i) Eliminate broad questions regarding past mental health diagnoses. |
(ii) Limit inquiries to current impairments affecting safe practice that are not being |
appropriately managed. |
(iii) Emphasize that seeking mental health or substance abuse treatment will not |
automatically result in disciplinary action. |
(2) The boards shall conform licensing requirements to those of the Federation of State |
Medical Boards and national best practices to ensure that mental health questions focus on |
functional ability and not diagnosis history. |
23-104-8. Safe haven. |
(a) A safe haven is established whereby a clinician who self-refers to the PHP or |
comparable program shall be protected from mandatory reporting to the professional licensing |
board. |
(b) A PHP or comparable program shall serve as a confidential liaison between the clinician |
and the professional licensing board when the clinician: |
(1) Is actively engaged in a PHP or comparable program; and |
(2) Is compliant with treatment. |
(c) Licensing boards shall not penalize clinicians solely for seeking assistance unless there |
is an imminent risk to patient safety. |
23-104-9. Controlling law. |
Insofar as the provisions of this chapter are inconsistent with the provision of any other law |
of this state, the provisions of this chapter shall be controlling. |
SECTION 2. This act shall take effect upon passage. |
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LC002322/SUB A |
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