Introduced By: Senators Roney and Roberts
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 5-37-9 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" is hereby amended to read as follows:
5-37-9. Reports relating to professional conduct and capacity -- Regulations -- Confidentiality -- Immunity. [Effective until September 1, 1998.]. -- In addition to the requirements of section 42-14-2.1:
(1) The board with the approval of the director may adopt regulations requiring any person, including, but not limited to, corporations, health care facilities, health maintenance organizations, organizations and federal, state, or local governmental agencies, or peer review boards to report to the board any: Conviction, determination, or finding that a licensed physician has committed unprofessional conduct as defined by section 5-37-5.1 as now or hereafter amended, or to report information which indicates that a licensed physician may not be able to practice medicine with reasonable skill and safety to patients as the result of any mental or physical condition. The regulations shall include the reporting requirements of subdivision (2) (i), (ii) and (iii).
(2) The following reports in writing shall be filed with the board:
(i) Every insurer providing professional liability insurance to
a physician licensed under the provisions of this chapter shall
send a complete report to the board setting forth any {DEL formal
notice of any claim, DEL} {ADD, civil action filedADD} settlement of
any claim or cause of actions, or final judgment rendered{ADD,ADD} in any
cause of action for damages for death or personal injury caused
by such physician's negligence, error or omission in practice
or his or her rendering of unauthorized professional services.
Such report shall be sent within thirty (30) days after service
{ADD of such complaint, ADD} {DELof such complaint or notice, DEL} settlement,
judgment, or arbitration award on the parties. All such reports
shall set forth an in depth factual summary of the claim in question.
Commencing July 1, 1997, all reports of final judgments or settlements
shall specify the class or category of risk for which the physician
is insured identified by Insurance Services Organization ("ISO")
Code and, in the case of joint and several liability, shall specify
the portion of the total award paid by or on behalf of the physician.
(ii) All hospital and licensed health care facilities including, but not limited to, nursing homes and health maintenance organizations and the director of health must report to the board within thirty (30) days of such action, any action, disciplinary or otherwise, taken for any reason, which limits, suspends or revokes a physician's privilege to practice or requires supervision of a physician, either through formal action by the institution or facility or through any voluntary agreement with the physician.
(iii) Within ten (10) days after a judgment by a court of this state that a physician licensed under the provisions of this chapter has been convicted of a crime or is civilly liable for any death or personal injury caused by his or her negligence, error or omission in his or her practice or his or her rendering unauthorized professional services, the clerk of the court which rendered such judgment shall report the judgment to the board.
(3) The board shall publicly report any change of privilege, of which, it is aware, to the board of trustees or other appropriate body of all licensed hospitals, licensed health care facilities, health maintenance organizations and such other parties as the board shall deem appropriate within thirty (30) days, provided, however that notwithstanding the provisions of this subdivision, the board may, in instances where the change of privilege is not related to quality of patient care, elect not to disseminate the report of change in privilege. Such an election may be made in executive session and no decision not to disseminate shall be made except by majority vote of the members present at the meeting and only upon a finding of fact by the board after inquiry that the change of privilege was not related to quality of patient care.
(4) The contents of any report file shall be confidential and exempt from public disclosure, except that it may be reviewed:
(i) By the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or
(ii) By the chief administrative officer, a representative of the board, or investigator thereof, who has been assigned to review the activities of a licensed physician.
(5) Upon determination that a report is without merit, the board's records may be purged of information relating to the report.
(6) If any person refuses to furnish a required report, the board may petition the superior court of any county in which the person resides or is found, and the court shall issue to such person an order to furnish the required report. Any failure to comply with such order shall constitute civil contempt.
(7) Every individual, medical association, medical society, hospital, health care facility, health maintenance organization, peer review board, medical service bureau, health insurance carrier or agent, professional standards review organization, and agency of the federal, state, or local government shall be immune from civil liability, whether direct or derivative, for providing information in good faith to the board pursuant to this statute or the regulations outlined in subdivision (1) or requirements of subdivision (2).
(8) Nondisclosure agreements are prohibited in so far as they forbid parties from making reports regarding competency and/or unprofessional conduct to the board of medical licensure and discipline.
(9) The board with the approval of director shall promulgate rules and regulations setting forth standards for hospital or health maintenance organization supervision of physicians by peer review committees. Such regulations, including without limiting the generality thereof, shall require that each hospital or health maintenance organization, as the case may be, shall report annually to the board the activities, findings, studies and determinations of its peer review committees.
5-37-9. Reports relating to professional conduct and capacity -- Regulations -- Confidentiality -- Immunity. [Effective September 1, 1998.]. -- In addition to the requirements of section 42-14-2.1:
(1) The board with the approval of the director may adopt regulations requiring any person, including, but not limited to, corporations, health care facilities, health maintenance organizations, organizations and federal, state, or local governmental agencies, or peer review boards to report to the board any: Conviction, determination, or finding that a licensed physician has committed unprofessional conduct as defined by section 5-37-5.1 as now or hereafter amended, or to report information which indicates that a licensed physician may not be able to practice medicine with reasonable skill and safety to patients as the result of any mental or physical condition. The regulations shall include the reporting requirements of subdivision (2) (i), (ii) and (iii).
(2) The following reports in writing shall be filed with the board:
(i) Every insurer providing professional liability insurance to
a physician licensed under the provisions of this chapter shall
send a complete report to the board setting forth {DELany formal
notice of any claim, DEL} {ADD notice of any civil action filed, ADD} settlement of
any claim or cause of actions, or final judgment rendered in any
cause of action for damages for death or personal injury caused
by such physician's negligence, error or omission in practice
or his or her rendering of unauthorized professional services.
Such report shall be sent within thirty (30) days after {DEL service DEL}
{ADD notice of any civil action filed, ADD} {DELof such complaint or notice, DEL} settlement,
judgment, or arbitration award on the parties. All such reports
shall set forth an in depth factual summary of the claim in question.
Commencing July 1, 1997, all reports of final judgments or settlements
shall specify the class or category of risk for which the physician
is insured identified by Insurance Services Organization ("ISO")
Code and, in the case of joint and several liability, shall specify
the portion of the total award paid by or on behalf of the physician.
(ii) All hospital and licensed health care facilities including, but not limited to, nursing homes and health maintenance organizations and the director of health must report to the board within thirty (30) days of such action, any action, disciplinary or otherwise, taken for any reason, which limits, suspends or revokes a physician's privilege to practice or requires supervision of a physician, either through formal action by the institution or facility or through any voluntary agreement with the physician.
(iii) Within ten (10) days after a judgment by a court of this state that a physician licensed under the provisions of this chapter has been convicted of a crime or is civilly liable for any death or personal injury caused by his or her negligence, error or omission in his or her practice or his or her rendering unauthorized professional services, the clerk of the court which rendered such judgment shall report the judgment to the board.
(3) The board shall publicly report any change of privilege, of which, it is aware, to the board of trustees or other appropriate body of all licensed hospitals, licensed health care facilities, health maintenance organizations and such other parties as the board shall deem appropriate within thirty (30) days, provided, however that, except as required by ] 5-37-9.2 notwithstanding the provisions of this subdivision, the board may, in instances where the change of privilege is not related to quality of patient care, elect not to disseminate the report of change in privilege. Such an election may be made in executive session and no decision not to disseminate shall be made except by majority vote of the members present at the meeting and only upon a finding of fact by the board after inquiry that the change of privilege was not related to quality of patient care.
(4) Except as provided in ] 5-37-9.2, the contents of any report file shall be confidential and exempt from public disclosure, except that it may be reviewed:
(i) By the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or
(ii) By the chief administrative officer, a representative of the board, or investigator thereof, who has been assigned to review the activities of a licensed physician.
(5) Upon determination that a report is without merit, the board's records may be purged of information relating to the report.
(6) If any person refuses to furnish a required report, the board may petition the superior court of any county in which the person resides or is found, and the court shall issue to such person an order to furnish the required report. Any failure to comply with such order shall constitute civil contempt.
(7) Every individual, medical association, medical society, hospital, health care facility, health maintenance organization, peer review board, medical service bureau, health insurance carrier or agent, professional standards review organization, and agency of the federal, state, or local government shall be immune from civil liability, whether direct or derivative, for providing information in good faith to the board pursuant to this statute or the regulations outlined in subdivision (1) or requirements of subdivision (2).
(8) Nondisclosure agreements are prohibited in so far as they forbid parties from making reports regarding competency and/or unprofessional conduct to the board of medical licensure and discipline.
(9) The board with the approval of director shall promulgate rules and regulations setting forth standards for hospital or health maintenance organization supervision of physicians by peer review committees. Such regulations, including without limiting the generality thereof, shall require that each hospital or health maintenance organization, as the case may be, shall report annually to the board the activities, findings, studies and determinations of its peer review committees.
SECTION 2. This act shall take effect upon passage.
