2026 -- S 2111 | |
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LC003652 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- NURSES | |
| |
Introduced By: Senators Lauria, DiMario, Murray, Valverde, Kallman, Ujifusa, Pearson, | |
Date Introduced: January 16, 2026 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 5-34-3 of the General Laws in Chapter 5-34 entitled "Nurses" is |
2 | hereby amended to read as follows: |
3 | 5-34-3. Definitions. |
4 | As used in this chapter: |
5 | (1) “Advanced practice registered nurse” (APRN) is the title given to an individual licensed |
6 | to practice advanced practice registered nursing within one of the following roles: certified nurse |
7 | practitioner (CNP), certified registered nurse anesthetist (CRNA) as defined in chapter 34.2 of this |
8 | title, or certified clinical nurse specialist (CNS), and who functions in a population focus. An APRN |
9 | may serve as a primary- or acute-care provider of record. |
10 | (2) “Advanced practice registered nursing” means an independent and expanded scope of |
11 | nursing in a role and population focus approved by the board of nurse registration and nursing |
12 | education that includes the registered nurse scope of practice and may include, but is not limited |
13 | to, performing acts of advanced assessment, diagnosing, prescribing, and ordering. Each APRN is |
14 | accountable to patients, the nursing profession, and the board of nursing for complying with the |
15 | requirements of this chapter and the quality of advanced nursing care rendered; recognizing limits |
16 | of knowledge and experience; planning for the management of situations beyond the APRN’s |
17 | expertise; and for consulting with or referring patients to other healthcare providers as appropriate. |
18 | (3) “Approval” means the process where the board of nursing evaluates and grants official |
19 | recognition to basic nursing education programs meeting established criteria and standards. |
| |
1 | (4) “Certified clinical nurse specialist” is an advanced practice registered nurse who |
2 | independently provides care to clients; facilitates attainment of health goals; and provides |
3 | innovation in nursing practice, based on clinical expertise, evidence-based decision-making, and |
4 | leadership skills. The clinical nurse specialist practices with individual clients and populations; |
5 | nurses, and other multidisciplinary team members; and organizations to effect systemwide changes |
6 | to improve programs of care. The practice may include prescriptive privileges. |
7 | (5) “Certified nurse practitioner” is an advanced practice nurse utilizing independent |
8 | knowledge of physical assessment, diagnosis, and management of health care and illnesses. The |
9 | practice includes prescriptive privileges. Certified nurse practitioners are members of the healthcare |
10 | delivery system practicing in areas including, but not limited to: family practice, pediatrics, adult |
11 | health care, geriatrics, and women’s health care in primary, acute, long-term, and critical-care |
12 | settings in healthcare facilities and the community. Certified nurse practitioners may be recognized |
13 | as the primary-care provider or acute-care provider of record. |
14 | (6) “Certified registered nurse anesthetist” is as defined in chapter 34.2 of this title (“Nurse |
15 | Anesthetist”). |
16 | (7) “Department” means the department of health. |
17 | (8) “Health” means optimum well-being. |
18 | (9) “Health care” means those services provided to promote the optimum well-being of |
19 | individuals. |
20 | (10) “Licensed” means the status of qualified individuals who have completed a designated |
21 | process by which the board of nursing grants permission to individuals accountable and/or |
22 | responsible for the practice of nursing and to engage in that practice, prohibiting all others from |
23 | legally doing so. |
24 | (11) “Nursing” means the provision of services that are essential to the promotion, |
25 | maintenance, and restoration of health throughout the continuum of life. It provides care and |
26 | support of individuals and families during periods of wellness, illness, and injury, and incorporates |
27 | the appropriate healthcare plan of care prescribed by a licensed advanced practice registered nurse, |
28 | certified nurse midwife, licensed physician, dentist, or podiatrist. It is a distinct component of health |
29 | services. Nursing practice is based on specialized knowledge, judgment, and nursing skills acquired |
30 | through educational preparation in nursing and in the biological, physical, social, and behavioral |
31 | sciences. |
32 | (12) “Population foci” means focus of the patient population. Population focus shall |
33 | include: |
34 | (i) Family/Individual across the lifespan; |
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1 | (ii) Adult-gerontology; |
2 | (iii) Neonatal; |
3 | (iv) Pediatrics; |
4 | (v) Women’s health/gender-related; and |
5 | (vi) Psychiatric/mental health. |
6 | (13) “Practical nursing” is practiced by licensed practical nurses (L.P.N.s). It is an integral |
7 | part of nursing based on a knowledge and skill level commensurate with education. It includes |
8 | promotion, maintenance, and restoration of health and utilizes standardized procedures leading to |
9 | predictable outcomes that are in accord with the professional nurse regimen under the direction of |
10 | a registered nurse. In situations where registered nurses are not employed, the licensed practical |
11 | nurse functions under the direction of a licensed physician, dentist, podiatrist, or other licensed |
12 | healthcare providers authorized by law to prescribe. Each L.P.N. is responsible for the nursing care |
13 | rendered. |
14 | (14) “Professional nursing” is practiced by registered nurses (R.N.s). The practice of |
15 | professional nursing is a dynamic process of assessment of an individual’s health status; |
16 | identification of healthcare needs; determination of healthcare goals with the individual and/or |
17 | family participation; and the development of a plan of nursing care to achieve these goals. Nursing |
18 | actions, including teaching and counseling, are directed toward the promotion, maintenance, and |
19 | restoration of health and evaluation of the individual’s response to nursing actions and the medical |
20 | regimen of care. The professional nurse provides care and support of individuals and families |
21 | during periods of wellness and injury and incorporates, where appropriate, the medical plan of care |
22 | as prescribed by a licensed physician, dentist, podiatrist, or other licensed healthcare providers |
23 | authorized by law to prescribe. Each R.N. is directly accountable and responsible to the consumer |
24 | for the nursing care rendered. |
25 | (15) “Psychiatric and mental health nurse clinical specialist” is a certified clinical nurse |
26 | specialist working in the population foci of psychiatric/mental health as an advanced practice nurse |
27 | utilizing independent knowledge in psychiatric mental-health assessment; diagnosis, health |
28 | promotion, psychotherapeutic modalities, and management of mental health and illnesses. The |
29 | practice may include prescription privileges within their scope of practice. The practice may also |
30 | include consultation and education. |
31 | (16) “Telemedicine” has the meaning as provided in § 27-81-3. |
32 | SECTION 2. Chapter 5-34 of the General Laws entitled "Nurses" is hereby amended by |
33 | adding thereto the following section: |
34 | 5-34-51. Telemedicine in the practice of medicine for advanced practice registered |
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1 | nurses. |
2 | (a) Professionals licensed under this chapter who use telemedicine in the practice of |
3 | medicine shall be subject to the same standard of care that would apply to the provision of the same |
4 | medical care service or procedure in an in-person setting. |
5 | (b) The board of nursing shall not sanction an APRN solely because the healthcare service |
6 | is provided through telemedicine and is not provided through in-person consultation or contact; |
7 | provided that, the healthcare service is necessary and medically and clinically appropriate to be |
8 | provided through telemedicine services. |
9 | (c) When another state or territory seeks to sanction a Rhode Island licensed APRN for |
10 | providing services via telemedicine to a patient outside of Rhode Island in a state or territory in |
11 | which the APRN is not licensed, the board of nursing shall not sanction the APRN based on the |
12 | delivery of service via telemedicine; provided that, the following conditions are met: |
13 | (1) The patient is an established patient or the APRN is covering a provider with the |
14 | established patient-provider relationship; and |
15 | (2) The patient has been seen in person within the previous twenty-four (24) months by the |
16 | APRN or the provider for whom the APRN is providing coverage. |
17 | (d) The state shall not require an APRN who uses telemedicine in the practice of medicine |
18 | to be licensed or registered in the state in accordance with state law when the following conditions |
19 | are met: |
20 | (1) The APRN is licensed as an APRN or its equivalent in a state or territory of the United |
21 | States of America; |
22 | (2) The license is in good standing and without restriction; |
23 | (3) The APRN has professional liability insurance coverage for any care provided to a |
24 | person while the person is located in Rhode Island; and |
25 | (4) There is an established patient-provider relationship and the patient has been seen in- |
26 | person within the previous twenty-four (24) months by the APRN; or |
27 | (5) The patient has been referred to the APRN for purposes other than direct diagnosis or |
28 | treatment by an in-state provider who retains authority and responsibility for the patient’s care, and |
29 | the APRN makes all recommendations to the in-state provider after communicating with the |
30 | patient; or |
31 | (6) The purpose of the telemedicine service is to initiate the evaluation and potential |
32 | treatment of a new patient who will be seen in person within the next three (3) months, and the |
33 | APRN does not directly diagnose or treat the patient until the patient is seen in person. The APRN |
34 | may make a request or recommendation to a Rhode Island licensed provider who has treated the |
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1 | patient in person, whether or not the Rhode Island provider referred the patient to the APRN; |
2 | however, the Rhode Island provider has no obligation to accept a request or recommendation from |
3 | an APRN who has not fully evaluated the patient. |
4 | (e) In all cases, the Rhode Island board of nursing shall have jurisdiction in evaluating |
5 | whether an APRN has conformed to the standards of care and conduct applicable to a Rhode Island |
6 | licensed provider when telemedicine service is provided to a patient while the patient is located |
7 | within the state. |
8 | (f) In all cases, an APRN who delivers telemedicine service to a patient who is located in |
9 | the state during the rendition of those services shall be subject to the jurisdiction of the state and its |
10 | courts. |
11 | SECTION 3. Section 5-37-1 of the General Laws in Chapter 5-37 entitled "Board of |
12 | Medical Licensure and Discipline" is hereby amended to read as follows: |
13 | 5-37-1. Definitions. |
14 | (a) As used in this chapter: |
15 | (1) “ACGME” means the Accreditation Council for Graduate Medical Education. |
16 | (2) “ACGME-I” means the Accreditation Council for Graduate Medical Education- |
17 | International. |
18 | (3) “Board” means the Rhode Island board of medical licensure and discipline or any |
19 | committee or subcommittee thereof. |
20 | (4) “Chief administrative officer” means the administrator of the Rhode Island board of |
21 | medical licensure and discipline. |
22 | (5) “Department” means the Rhode Island department of health. |
23 | (6) “Director” means the director of the Rhode Island department of health. |
24 | (7) “ECFMG” means the Educational Commission for Foreign Medical Graduates. |
25 | (8) “GME” means graduate medical education, which is specialty-specific clinical training |
26 | that commences after graduation from medical school and provides physicians with the knowledge |
27 | and clinical skills necessary to practice their specialty independently. GME curricula and clinical |
28 | experience vary widely across countries and do not have uniform standards. |
29 | (9) “Healthcare facility” means any institutional health service provider licensed pursuant |
30 | to the provisions of chapter 17 of title 23. |
31 | (10) “Health maintenance organization” means a public or private organization licensed |
32 | pursuant to the provisions of chapter 17 of title 23 or chapter 41 of title 27. |
33 | (11) “Internationally trained physician” means a physician who has received a degree of |
34 | doctor of medicine or its equivalent from a medical school located outside the United States with |
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1 | recognized accreditation status from ECFMG; has completed the required years of training in a |
2 | residency program accredited by ACGME-I or in a residency program in a country whose GME |
3 | accrediting agency has been recognized by the WFME, or programs accredited by another |
4 | accreditation authority approved by the board; and who has been licensed or otherwise authorized |
5 | to practice medicine in a country other than the United States for at least three (3) years with an |
6 | unrestricted medical license. Physicians who have completed ACGME-accredited residency |
7 | training in the United States or Royal College of Physicians and Surgeons-accredited residency |
8 | training in Canada are not internationally trained physicians. |
9 | (12) “Limited international physician registrant” means an internationally trained |
10 | physician granted a limited license pursuant to the provisions of this chapter. |
11 | (13) “Limited registrant” means a person holding a limited registration certificate pursuant |
12 | to the provisions of this chapter. |
13 | (14) “Medical malpractice” or “malpractice” means any tort, or breach of contract, based |
14 | on health care or professional services rendered or that should have been rendered, by a physician, |
15 | dentist, hospital, clinic, health maintenance organization, or professional service corporation |
16 | providing healthcare services and organized under chapter 5.1 of title 7, to a patient or the rendering |
17 | of medically unnecessary services except at the informed request of the patient. |
18 | (15) “Medical practice group” means a single legal entity formed primarily for the purpose |
19 | of being a physician group practice in any organizational form recognized by the state in which the |
20 | group practice achieves its legal status, including, but not limited to, a partnership, professional |
21 | corporation, limited liability company, limited liability partnership, foundation, not-for-profit |
22 | corporation, faculty practice plan, or similar association. |
23 | (16) “Medical record” means a record of a patient’s medical information and treatment |
24 | history maintained by physicians and other medical personnel, which includes, but is not limited |
25 | to, information related to medical diagnosis, immunizations, allergies, x-rays, copies of laboratory |
26 | reports, records of prescriptions, and other technical information used in assessing the patient’s |
27 | health condition, whether such information is maintained in a paper or electronic format. |
28 | (17) “Nonprofit medical services corporation” or “nonprofit hospital service corporation” |
29 | means any corporation organized pursuant to chapter 19 or chapter 20 of title 27 for the purpose of |
30 | establishing, maintaining, and operating a nonprofit medical service plan. |
31 | (18) “Participating healthcare facility” means a federally qualified health center, |
32 | community health center, hospital, or other healthcare facility that provides a board-approved |
33 | assessment, training, and evaluation program designed to develop, assess, train, and evaluate an |
34 | internationally trained physician’s clinical and nonclinical skills, including training in identified |
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1 | clinical and nonclinical gaps identified by the physician(s) in the facility. |
2 | (19)(i) “Peer-review board” means any committee of a state or local professional |
3 | association or society including a hospital association, or a committee of any licensed healthcare |
4 | facility, or the medical staff thereof, or any committee of a medical care foundation or health |
5 | maintenance organization, or any committee of a professional service corporation or nonprofit |
6 | corporation employing twenty (20) or more practicing professionals, organized for the purpose of |
7 | furnishing medical service, or any staff committee or consultant of a hospital service or medical |
8 | service corporation, the function of which, or one of the functions of which, is to evaluate and |
9 | improve the quality of health care rendered by providers of healthcare services or to determine that |
10 | healthcare services rendered were professionally indicated or were performed in compliance with |
11 | the applicable standard of care or that the cost of health care rendered was considered reasonable |
12 | by the providers of professional healthcare services in the area and shall include a committee |
13 | functioning as a utilization-review committee under the provisions of 42 U.S.C. § 1395 et seq. |
14 | (Medicare law) or as a professional standards review organization or statewide professional |
15 | standards review council under the provisions of 42 U.S.C. § 1301 et seq. (professional standards |
16 | review organizations) or a similar committee or a committee of similar purpose, to evaluate or |
17 | review the diagnosis or treatment of the performance or rendition of medical or hospital services |
18 | that are performed under public medical programs of either state or federal design. |
19 | (ii) “Peer-review board” also means the board of trustees or board of directors of a state or |
20 | local professional association or society, a licensed healthcare facility, a medical care foundation, |
21 | a health maintenance organization, and a hospital service or medical service corporation only when |
22 | such board of trustees or board of directors is reviewing the proceedings, records, or |
23 | recommendations of a peer-review board of the above enumerated organizations. |
24 | (20) “Person” means any individual, partnership, firm, corporation, association, trust or |
25 | estate, state or political subdivision, or instrumentality of a state. |
26 | (21) “Physician” means a person with a license to practice allopathic or osteopathic |
27 | medicine in this state under the provisions of this chapter. |
28 | (22) “Practice of medicine” includes the practice of allopathic and osteopathic medicine. |
29 | Any person is regarded as practicing medicine within the meaning of this chapter who holds |
30 | themself out as being able to diagnose, treat, operate, or prescribe for any person ill or alleged to |
31 | be ill with disease, pain, injury, deformity, or abnormal physical or mental condition, or who either |
32 | professes to heal, offer, or undertake, by any means or method, to diagnose, treat, operate, or |
33 | prescribe for any person for disease, pain, injury, deformity, or physical or mental condition. In |
34 | addition, one who attaches the title, M.D., physician, surgeon, D.O., osteopathic physician, and |
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1 | surgeon, or any other similar word or words or abbreviation to their name indicating that they are |
2 | engaged in the treatment or diagnosis of the diseases, injuries, or conditions of persons, shall be |
3 | held to be engaged in the practice of medicine. |
4 | (23) “Telemedicine” has the meaning as provided in § 27-81-3. |
5 | (23)(24) “USMLE” means the United States Medical Licensing Examination which |
6 | consists of three (3) steps: |
7 | (i) Step 1 of the USMLE requires an assessment of the examinee’s understanding of and |
8 | ability to apply important concepts of the basic sciences to the practice of medicine, with special |
9 | emphasis on principles and mechanisms underlying health disease, and modes of therapy; |
10 | (ii) Step 2 of the USMLE requires an assessment of the examinee’s ability to apply |
11 | knowledge, skills, and understanding of clinical science essentials for the provision of patient care |
12 | under supervision, with an emphasis on health promotion and disease prevention; |
13 | (iii) Step 3 of the USMLE requires an assessment of the examinee’s ability to apply medical |
14 | knowledge and understanding of biomedical and clinical science essential for the unsupervised |
15 | practice of medicine, with the emphasis on patient management in ambulatory settings. |
16 | (24)(25) “WFME” means the World Federation for Medical Education. |
17 | (b) Notwithstanding any foreign medical graduate post graduate training requirements to |
18 | the contrary, such requirements shall be deemed satisfied and the board shall issue a full, |
19 | unrestricted license to practice medicine in Rhode Island if the following criteria are met: |
20 | (1) Ten (10) years’ experience as a fully licensed physician in good standing in another |
21 | state; |
22 | (2) Board certification in the physician’s area of specialty; and |
23 | (3) Membership in a recognized professional organization specific to the physician’s area |
24 | of specialty. |
25 | SECTION 4. Chapter 5-37 of the General Laws entitled "Board of Medical Licensure and |
26 | Discipline" is hereby amended by adding thereto the following section: |
27 | 5-37-34. Telemedicine in the practice of medicine for physicians. |
28 | (a) Professionals licensed under this chapter who use telemedicine in the practice of |
29 | medicine shall be subject to the same standard of care that would apply to the provision of the same |
30 | medical care service or procedure in an in-person setting. |
31 | (b) The board of medical licensure and discipline shall not sanction a physician solely |
32 | because the healthcare service is provided through telemedicine and is not provided through in- |
33 | person consultation or contact; provided that, the healthcare service is necessary and medically and |
34 | clinically appropriate to be provided through telemedicine services. |
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1 | (c) When another state or territory seeks to sanction a Rhode Island licensed physician for |
2 | providing services via telemedicine to a patient outside of Rhode Island in a state or territory in |
3 | which the physician is not licensed, the board of medical licensure and discipline shall not sanction |
4 | the physician based on the delivery of service via telemedicine; provided that, the following |
5 | conditions are met: |
6 | (1) The patient is an established patient or the physician is covering a provider with the |
7 | established patient-provider relationship; and |
8 | (2) The patient has been seen in person within the previous twenty-four (24) months by the |
9 | Rhode Island licensed physician or the provider for whom the physician is providing coverage. |
10 | (d) The state shall not require a physician who uses telemedicine in the practice of medicine |
11 | to be licensed or registered in the state in accordance with state law when the following conditions |
12 | are met: |
13 | (1) The physician is licensed as an osteopathic or allopathic physician in a state or territory |
14 | of the United States of America; |
15 | (2) The license is in good standing and without restriction; |
16 | (3) The physician has professional liability insurance coverage for any care provided to a |
17 | person while the person is located in Rhode Island; and |
18 | (4) There is an established patient-provider relationship and the patient has been seen in |
19 | person within the previous twenty-four (24) months by the physician; or |
20 | (5) The patient has been referred to the physician for purposes other than direct diagnosis |
21 | or treatment by an in-state provider who retains authority and responsibility for the patient’s care, |
22 | and the physician makes all recommendations to the in-state provider after communicating with |
23 | the patient; or |
24 | (6) The purpose of the telemedicine service is to initiate the evaluation and potential |
25 | treatment of a new patient who will be seen in person within the next three (3) months, and the |
26 | physician does not directly diagnose or treat the patient until the patient is seen in person. The |
27 | physician may make a request or recommendation to a Rhode Island licensed provider who has |
28 | treated the patient in-person, whether or not the Rhode Island provider referred the patient to the |
29 | physician; however, the Rhode Island provider has no obligation to accept a request or |
30 | recommendation from a physician who has not fully evaluated the patient. |
31 | (e) In all cases, the Rhode Island board of medical licensure and discipline shall have |
32 | jurisdiction in evaluating whether a physician has conformed to the standards of care and conduct |
33 | applicable to a Rhode Island licensed physician when telemedicine service is provided to a patient |
34 | while the patient is located within the state. |
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1 | (f) In all cases, a physician who delivers telemedicine service to a patient who is located in |
2 | the state during the rendition of those services shall be subject to the jurisdiction of the state and its |
3 | courts. |
4 | SECTION 5. Section 5-54-2 of the General Laws in Chapter 5-54 entitled "Physician |
5 | Assistants" is hereby amended to read as follows: |
6 | 5-54-2. Definitions. |
7 | As used in this chapter, the following words have the following meanings: |
8 | (1) “Administrator” means the administrator, division of professional regulation. |
9 | (2) “Approved program” means a program for the education and training of physician |
10 | assistants formally approved by the American Medical Association’s (A.M.A.’s) Committee on |
11 | Allied Health, Education and Accreditation, its successor, the Commission on Accreditation of |
12 | Allied Health Education Programs (CAAHEP) or its successor. |
13 | (3) “Approved program for continuing medical education” means a program for continuing |
14 | education approved by the American Academy of Physician Assistants (AAPA) or the |
15 | Accreditation Council for Continuing Medical Education of the American Medical Association |
16 | (AMA), or the American Academy of Family Physicians (AAPFP) or the American Osteopathic |
17 | Association Committee on Continuing Medical Education (AOACCME) or any other board- |
18 | approved program. |
19 | (4) “Board” means the board of licensure of physician assistants. |
20 | (5) “Collaboration” means the physician assistant shall, as indicated by the patient’s |
21 | condition, the education, competencies, and experience of the physician assistant, and the standards |
22 | of care, consult with or refer to an appropriate physician or other healthcare professional. The |
23 | degree of collaboration shall be determined by the practice and includes decisions made by a |
24 | physician employer, physician group practice, and the credentialing and privileging systems of a |
25 | licensed hospital, health center, or ambulatory care center. A physician must be accessible at all |
26 | times for consultation by the physician assistant. |
27 | (6) “Director” means the director of the department of health. |
28 | (7) “Division” means the division of professional regulation, department of health. |
29 | (8) [Deleted by P.L. 2013, ch. 320, § 1 and P.L. 2013, ch. 420, § 1.] |
30 | (9) “Physician” means a person licensed under the provisions of chapter 29 or 37 of this |
31 | title. |
32 | (10) “Physician assistant” or “PA” means a person who is qualified by academic and |
33 | practical training to provide medical and surgical services in collaboration with physicians. |
34 | (11) “Telemedicine” has the meaning as provided in § 27-81-3. |
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1 | (11)(12) “Unprofessional conduct” includes, but is not limited to, the following items or |
2 | any combination and may be defined by regulations established by the board with prior approval |
3 | of the director: |
4 | (i) Fraudulent or deceptive procuring or use of a license; |
5 | (ii) Representation of himself or herself as a physician; |
6 | (iii) Conviction of a felony; conviction of a crime arising out of the practice of medicine. |
7 | All advertising of medical business that is intended or has a tendency to deceive the public; |
8 | (iv) Abandonment of a patient; |
9 | (v) Dependence upon a controlled substance, habitual drunkenness, or rendering |
10 | professional services to a patient while intoxicated or incapacitated by the use of drugs; |
11 | (vi) Promotion of the sale of drugs, devices, appliances, or goods or services provided for |
12 | a patient in a manner that exploits the patient for the financial gain of the physician assistant; |
13 | (vii) Immoral conduct of a physician assistant in the practice of medicine; |
14 | (viii) Willfully making and filing false reports or records; |
15 | (ix) Willful omission to file or record or willfully impeding or obstructing a filing or |
16 | recording, or inducing another person to omit to file or record medical or other reports as required |
17 | by law; |
18 | (x) Agreeing with clinical or bioanalytical laboratories to accept payments from these |
19 | laboratories for individual tests or test series for patients; |
20 | (xi) Practicing with an unlicensed physician or physician assistant or aiding or abetting |
21 | these unlicensed persons in the practice of medicine; |
22 | (xii) Offering, undertaking, or agreeing to cure or treat a disease by a secret method, |
23 | procedure, treatment, or medicine; |
24 | (xiii) Professional or mental incompetence; |
25 | (xiv) Surrender, revocation, suspension, limitation of privilege based on quality of care |
26 | provided, or any other disciplinary action against a license or authorization to practice in another |
27 | state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating |
28 | to membership on any medical staff or in any medical professional association, or society while |
29 | under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to |
30 | acts or conduct that would constitute grounds for action as stated in this chapter; |
31 | (xv) Any adverse judgment, settlement, or award arising from a medical liability claim |
32 | related to acts or conduct that would constitute grounds for action as stated in this chapter; |
33 | (xvi) Failure to furnish the board, the administrator, investigator, or representatives, |
34 | information legally requested by the board; |
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1 | (xvii) Violation of any provisions of this chapter or the rules and regulations promulgated |
2 | by the director or an action, stipulation, or agreement of the board; |
3 | (xviii) Cheating or attempting to subvert the certifying examination; |
4 | (xix) Violating any state or federal law or regulation relating to controlled substances; |
5 | (xx) Medical malpractice; |
6 | (xxi) Sexual contact between a physician assistant and patient during the existence of the |
7 | physician assistant/patient relationship; |
8 | (xxii) Providing services to a person who is making a claim as a result of a personal injury, |
9 | who charges or collects from the person any amount in excess of the reimbursement to the physician |
10 | assistant by the insurer as a condition of providing or continuing to provide services or treatment. |
11 | SECTION 6. Chapter 5-54 of the General Laws entitled "Physician Assistants" is hereby |
12 | amended by adding thereto the following section: |
13 | 5-54-29. Telemedicine in the practice of medicine for physician assistants. |
14 | (a) Professionals licensed under this chapter who use telemedicine in the practice of |
15 | medicine shall be subject to the same standard of care that would apply to the provision of the same |
16 | medical care service or procedure in an in-person setting. |
17 | (b) The board of medical licensure and discipline shall not sanction a physician assistant |
18 | solely because the healthcare service is provided through telemedicine and is not provided through |
19 | in-person consultation or contact; provided that, the healthcare service is necessary and medically |
20 | and clinically appropriate to be provided through telemedicine services. |
21 | (c) When another state or territory seeks to sanction a Rhode Island licensed physician |
22 | assistant for providing services via telemedicine to a patient outside of Rhode Island in a state or |
23 | territory in which the physician assistant is not licensed, the board of medical licensure and |
24 | discipline shall not sanction the physician assistant based on the delivery of service via |
25 | telemedicine; provided that, the following conditions are met: |
26 | (1) The patient is an established patient or the physician assistant is covering a provider |
27 | with the established patient-provider relationship; and |
28 | (2) The patient has been seen in person within the previous twenty-four (24) months by the |
29 | Rhode Island licensed physician assistant or the provider for whom the physician assistant is |
30 | providing coverage. |
31 | (d) The state shall not require a physician assistant who uses telemedicine in the practice |
32 | of medicine to be licensed or registered in the state in accordance with state law when the following |
33 | conditions are met: |
34 | (1) The physician assistant is licensed as an osteopathic or allopathic physician in a state |
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1 | or territory of the United States of America; |
2 | (2) The license is in good standing and without restriction; |
3 | (3) The physician assistant has professional liability insurance coverage for any care |
4 | provided to a person while the person is located in Rhode Island; and |
5 | (4) There is an established patient-provider relationship and the patient has been seen in- |
6 | person within the previous twenty-four (24) months by the physician assistant; or |
7 | (5) The patient has been referred to the physician assistant for purposes other than direct |
8 | diagnosis or treatment by an in-state provider who retains authority and responsibility for the |
9 | patient’s care, and the physician assistant makes all recommendations to the in-state provider after |
10 | communicating with the patient; or |
11 | (6) The purpose of the telemedicine service is to initiate the evaluation and potential |
12 | treatment of a new patient who will be seen in person within the next three (3) months, and the |
13 | physician assistant does not directly diagnose or treat the patient until the patient is seen in person. |
14 | The physician assistant may make a request or recommendation to a Rhode Island licensed provider |
15 | who has treated the patient in person, whether or not the Rhode Island provider referred the patient |
16 | to the physician assistant; however, the Rhode Island provider has no obligation to accept a request |
17 | or recommendation from a physician assistant who has not fully evaluated the patient. |
18 | (e) In all cases, the Rhode Island board of medical licensure and discipline shall have |
19 | jurisdiction in evaluating whether a physician assistant has conformed to the standards of care and |
20 | conduct applicable to a Rhode Island licensed physician assistant when telemedicine service is |
21 | provided to a patient while the patient is located within the state. |
22 | (f) In all cases, a physician assistant who delivers telemedicine service to a patient who is |
23 | located in the state during the rendition of those services shall be subject to the jurisdiction of the |
24 | state and its courts. |
25 | SECTION 7. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- NURSES | |
*** | |
1 | This act would permit advanced practice registered nurses (APRN), physicians, and |
2 | physician assistants to provide services to patients located in Rhode Island via telemedicine when |
3 | those services are necessary and medically and clinically appropriate. This act would also allow |
4 | APRNs, physicians, and physician assistants who are licensed in other states or U.S. territories who |
5 | have appropriate professional liability insurance coverage and who are licensed and in good |
6 | standing in those jurisdictions to provide telemedicine services to patients who are in Rhode Island |
7 | when those services are rendered. Further, this act would bring providers who render telemedicine |
8 | services to patients who are in the state when the services are rendered under the jurisdiction of the |
9 | state and its courts. |
10 | This act would take effect upon passage. |
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