§ 5-37.8-1. License protections for providers of legally protected healthcare activity.
(a) As used in this chapter:
(1) “Aiding and assisting with legally protected healthcare activity” has the same meaning as set forth in § 23-101-2.
(2) “Healthcare provider” means:
(i) A qualified physician licensed pursuant to chapters 37 and 37.3 of this title;
(ii) A qualified osteopathic physician licensed pursuant to chapter 37 of this title;
(iii) A qualified physician assistant licensed pursuant to chapter 54 of this title;
(iv) A genetic counselor licensed pursuant to chapter 92 of this title;
(v) A qualified psychologist licensed pursuant to chapter 44 of this title;
(vi) A qualified social worker licensed pursuant to chapter 39.1 of this title;
(vii) An advanced practice registered nurse, and a certified nurse practitioner, licensed pursuant to chapter 34 of this title, and a certified registered nurse anesthetist licensed pursuant to chapters 34 and 34.2 of this title;
(viii) A certified nurse midwife licensed pursuant to chapter 13 of title 23;
(ix) A licensed clinical mental health counselor or associate, and a licensed marriage and family therapist or associate, licensed pursuant to chapter 63.2 of this title;
(x) An electrologist licensed pursuant to chapter 32 of this title;
(xi) A speech-language pathologist licensed pursuant to chapter 48 of this title;
(xii) An occupational therapist licensed pursuant to chapter 40.1 of this title;
(xiii) A chiropractic physician licensed pursuant to chapter 30 of this title; and
(xiv) A pharmacist engaging in the practice of pharmacy and licensed pursuant to chapter 19.1 of this title.
(3) “Legally protected healthcare activity” has the same meaning as set forth in § 23-101-2.
(4) “Prohibited action” means:
(i) Refusing to issue a malpractice policy;
(ii) Charging higher rates for a malpractice policy, including malpractice policies that include coverage for cross-border care;
(iii) Canceling or terminating a malpractice policy;
(iv) Refusing to renew a malpractice policy; or
(v) Imposing any sanctions, fines, penalties, or rate increases.
(b) No healthcare provider who is certified, registered, or licensed in Rhode Island shall be subject to professional disciplinary action by a board or the director, including the revocation, suspension, or cancellation of the certificate, or registration or reprimand, censure or monetary fine nor shall a board or the director refuse to issue, renew, or take adverse action on an application for certification, registration, or licensure of a qualified healthcare provider based solely on:
(1) The healthcare provider engaging in legally protected healthcare or aiding and assisting with legally protected healthcare activity;
(2) A criminal, civil, or disciplinary action, including license suspension or revocation, in another state against the healthcare provider that is based on the provider engaging in legally protected healthcare activity or aiding and assisting with legally protected healthcare activity; or
(3) A criminal, civil, or disciplinary action, including license suspension or revocation, in another state against the healthcare provider that is based solely on the provider violating another state’s law prohibiting legally protected healthcare activity or aiding and assisting with legally protected healthcare activity.
(c)(1) Notwithstanding any general or special law to the contrary, no person may be subject to discipline by a board or director, including the revocation, suspension, or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive healthcare services or gender-affirming healthcare services, as those terms are defined in chapter 101 of title 23 (“healthcare provider shield act”), or for any judgment, discipline, or other sanction arising solely from such healthcare services if the services as provided would have been lawful and consistent with the applicable professional standard of care if they occurred entirely in the state.
(2) Except as authorized by state or federal law, the board or director may not make available for public dissemination on a healthcare provider’s individual profile the record of any criminal conviction or charge for a felony or serious misdemeanor, final disciplinary action by a licensing board in another state, or arbitration award or settlement that resulted solely from providing or assisting in the provision of reproductive healthcare services or gender-affirming healthcare services or for any judgment, discipline, or other sanction arising solely from such legally protected healthcare services if the services as provided would have been lawful and consistent with the applicable professional standard of care if they occurred entirely in the state. The board or director may not take adverse action on an application for registration of a qualified healthcare provider based on a criminal or civil action, disciplinary action by a licensing board of another state, or a medical malpractice claim in another state arising solely from the provision of reproductive healthcare services or gender-affirming healthcare services that, as provided, would have been lawful and consistent with the applicable professional standard of care if they occurred entirely in the state.
(3) Nothing in this section shall be construed to regulate the practice of medicine in any other state.
History of Section.
P.L. 2024, ch. 260, § 5, effective June 25, 2024; P.L. 2024, ch. 261, § 5, effective
June 25, 2024.
P.L. 2024, ch. 260, § 9, and P.L. 2024, ch. 261, § 9 provide: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”