2012 -- S 2247

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LC00908

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO THE BOARD OF MEDICAL LICENSURE AND DISCIPLINE

     Introduced By: Senators Ottiano, Perry, Bates, Tassoni, and DiPalma

     Date Introduced: January 26, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-37-1 of the General Laws in Chapter 5-37 entitled "Board of

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Medical Licensure and Discipline" is hereby amended to read as follows:

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     5-37-1. Definitions. -- As used in this chapter:

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      (1) "Board" means the Rhode Island board of medical licensure and discipline or any

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committee or subcommittee thereof.

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      (2) "Chief administrative officer" means the administrator of the Rhode Island board of

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medical licensure and discipline.

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      (3) "Department" means the Rhode Island department of health.

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      (4) "Director" means director of the Rhode Island department of health.

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      (5) "Health care facility" means any institutional health service provider licensed

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pursuant to the provisions of chapter 17 of title 23.

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      (6) "Health maintenance organization" means a public or private organization licensed

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pursuant to the provisions of chapter 17 of title 23 or chapter 41 of title 27.

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      (7) "Limited registrant" means a person holding a limited registration certificate pursuant

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to the provisions of this chapter.

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      (8) "Medical malpractice" or "malpractice" means any tort, or breach of contract based

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on health care or professional services rendered, or which should have been rendered, by a

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physician, dentist, hospital, clinic, health maintenance organization or professional service

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corporation providing health care services and organized under chapter 5.1 of title 7, to a patient

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or the rendering of medically unnecessary services except at the informed request of the patient.

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      (9) "Medical practice group" means a single legal entity formed primarily for the

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purpose of being a physician group practice in any organizational form recognized by the state in

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which the group practice achieves its legal status, including, but not limited to, a partnership,

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professional corporation, limited liability company, limited liability partnership, foundation, not-

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for-profit corporation, faculty practice plan, or similar association.

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     (10) “Medical record” means a record of a patient’s medical information and treatment

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history maintained by physicians and other medical personnel, which includes, but is not limited

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to, information related to medical diagnosis, immunizations, allergies, x-rays, copies of laboratory

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reports, records of prescriptions, and other technical information used in assessing the patient’s

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health condition, whether such information is maintained in a paper or electronic format.

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     (10)(11) "Nonprofit medical services corporation" or "nonprofit hospital service

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corporation" means any corporation organized pursuant to chapter 19 or chapter 20 of title 27 for

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the purpose of establishing, maintaining, and operating a nonprofit medical service plan.

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      (11)(12) (i) "Peer review board" means any committee of a state or local professional

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association or society including a hospital association, or a committee of any licensed health care

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facility, or the medical staff thereof, or any committee of a medical care foundation or health

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maintenance organization, or any committee of a professional service corporation or nonprofit

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corporation employing twenty (20) or more practicing professionals, organized for the purpose of

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furnishing medical service, or any staff committee or consultant of a hospital service or medical

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service corporation, the function of which, or one of the functions of which is to evaluate and

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improve the quality of health care rendered by providers of health care service or to determine

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that health care services rendered were professionally indicated or were performed in compliance

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with the applicable standard of care or that the cost of health care rendered was considered

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reasonable by the providers of professional health care services in the area and shall include a

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committee functioning as a utilization review committee under the provisions of 42 U.S.C.

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section 1395 et seq.(Medicare law) or as a professional standards review organization or

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statewide professional standards review council under the provisions of 42 U.S.C. section 1301 et

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seq. (professional standards review organizations) or a similar committee or a committee of

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similar purpose, to evaluate or review the diagnosis or treatment of the performance or rendition

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of medical or hospital services which are performed under public medical programs of either state

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or federal design.

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      (ii) "Peer review board" also means the board of trustees or board of directors of a state

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or local professional association or society, a licensed health care facility, a medical care

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foundation, a health maintenance organization, and a hospital service or medical service

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corporation only when such board of trustees or board of directors is reviewing the proceedings,

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records, or recommendations of a peer review board of the above enumerated organizations.

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      (12)(13) "Person" means any individual, partnership, firm, corporation, association, trust

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or estate, state or political subdivision, or instrumentality of a state.

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      (13)(14) "Physician" means a person with a license to practice allopathic or osteopathic

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medicine in this state under the provisions of this chapter.

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      (14)(15) "Practice of medicine" includes the practice of allopathic and osteopathic

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medicine. Any person is regarded as practicing medicine within the meaning of this chapter who

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holds himself or herself out as being able to diagnose, treat, operate, or prescribe for any person

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ill or alleged to be ill with disease, pain, injury, deformity or abnormal physical or mental

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condition, or who either professes to heal, offer or undertake, by any means or method to

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diagnose, treat, operate, or prescribe for any person for disease, pain, injury, deformity or

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physical or mental condition. In addition, one who attaches the title, M.D., physician, surgeon,

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D.O., osteopathic physician and surgeon, or any other similar word or words or abbreviation to

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his or her name indicating that he or she is engaged in the treatment or diagnosis of the diseases,

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injuries or conditions of persons shall be held to be engaged in the practice of medicine.

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     SECTION 2. This act shall take effect upon passage.

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LC00908

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO THE BOARD OF MEDICAL LICENSURE AND DISCIPLINE

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     This act would add a definition for medical records to the current statute.

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     This act would take effect upon passage.

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LC00908

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