2025 -- H 6036

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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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

     Referred To: House Health & Human Services

     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, podiatrists, and nurse practitioners.

     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, podiatrist, or nurse

practitioner who seeks and/or receives support from a health program defined in this chapter.

     (2) “Nurse practitioner health program (NPHP)" means a confidential resource program

that promotes and supports the physical and mental well-being of nurse practitioners who may

benefit from help to address physical and/or behavioral health concerns that may be affecting their

personal and professional quality of life.

     (3) “Physician health program (PHP) ”means the Rhode Island physician health program,

a confidential resource program established and administered by the Rhode Island Medical Society

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) shall continue to be recognized as the 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.

     (b) Nurse practitioners.

     (1) A nurse practitioner health program (NPHP) shall be established to provide

confidential, non-disciplinary assistance to nurse practitioners experiencing burnout, mental health

challenges, or substance use disorders.

     (2) The NPHP shall be administered by an organization with experience in health

professional wellness programs and shall operate under similar confidentiality protections as the

PHP.

     (3) The NPHP shall collaborate with the board of nursing, the Rhode Island Nurses

Association, and private stakeholders to ensure access to wellness resources without reliance on

state funding.

     23-104-6. Confidentiality protections for clinicians seeking assistance.

     (a) Clinicians who voluntarily seek help through the PHP or NPHP 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 and NPHP shall be

confidential and privileged under Rhode Island law, similar to attorney-client and peer support

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protections.

     (c) The PHP and NPHP 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 nursing (chapter 34 of title 5), the board of medical

licensure and discipline (chapter 37 of title 5), and the board 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 NPHP

shall be protected from mandatory reporting to the professional licensing board.

     (b) A PHP or NPHP 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 NPHP; 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLINICIAN WELLNESS

AND SUPPORT ACT

***

     This act would require the establishment of a health program for nurse practitioners, similar

to that which is run by the Rhode Island Medical Society for physicians, physician assistants,

dentists, and podiatrists, to address burnout, substance abuse, and mental and physical health issues

impacting the clinician’s personal and professional life. This act would further require reforms by

respective licensing boards to limit inquiries regarding a clinician’s mental health diagnoses. This

act would create a privilege for communications between the clinician seeking support and the

personnel of the health program providing support services. Additionally, this act would protect

clinicians who seek support and adhere to their treatment plan from mandatory reporting and

licensing repercussions from their respective licensing board.

     This act would take effect upon passage.

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