§ 5-90-1. Authority to fine 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.
(2)(i) No such fine shall be assessed for the first charge or count against a licensee.
(ii) Any fine assessed against a licensee for the second charge or count, regardless if the charge or count appears on the first complaint or a subsequent complaint, shall not exceed one thousand dollars ($1,000).
(iii) Any fine assessed against a licensee for each charge or count subsequent to the second charge or count, regardless if 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.
(c) When an individual licensed by a board described in subsection (a):
(1) 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 this title.
(f) In addition to any other penalty authorized by law, the board shall impose a probationary period on any licensee with the authority to prescribe controlled substances found guilty by the board of over prescribing, death resulting, for a minimum period of three (3) years. Any subsequent violation, if substantially related to the conduct or violation for which the licensee is on probation, occurring during a licensee’s probationary period may result in a suspension or revocation of licensure.
History of Section.
P.L. 2021, ch. 396, § 2, effective July 14, 2021; P.L. 2021, ch. 397, § 2, effective
July 14, 2021; P.L. 2024, ch. 280, § 1, effective June 25, 2024; P.L. 2024, ch. 281,
§ 1, effective June 25, 2024.