2025 -- S 0695 SUBSTITUTE A

========

LC002266/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

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

AND SUPPORT ACT

     Introduced By: Senators Valverde, Lauria, Ujifusa, Murray, Appollonio, Thompson,
Urso, and Lawson

     Date Introduced: March 07, 2025

     Referred To: Senate 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 and podiatrists.

     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 or podiatrist who seeks

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

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

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

or a comparable organization 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) or comparable program shall be recognized as a

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.

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

     (a) Clinicians who voluntarily seek help through the PHP or comparable program 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 or comparable program

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

support protections.

     (c) The PHP or comparable program 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 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

LC002266/SUB A - Page 2 of 3

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

comparable program shall be protected from mandatory reporting to the professional licensing

board.

     (b) A PHP or comparable program 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 comparable program; 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.

========

LC002266/SUB A

========

LC002266/SUB A - Page 3 of 3

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 recognize the program run by the Rhode Island Medical Society for

physicians, physician assistants, dentists, and podiatrists, or a comparable program 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.

========

LC002266/SUB A

========

LC002266/SUB A - Page 4 of 3