It is enacted by the General Assembly as follows:

SECTION 1. Section 5-37-5.2 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" is hereby amended to read as follows:

{ADD 5-37-5.2. Complaints. -- ADD} {DEL Any person, firm, corporation or public officer may submit a written complaint to the board charging the holder of a license to practice medicine or limited registrant with unprofessional conduct, specifying the grounds therefor. The board shall review all complaints and in those instances where no referral is made to an investigating committee, it shall make a written finding of facts with regard to such complaint. In those instances where a complaint is referred to an investigating committee, said committee shall make its recommendation to the board within six (6) months. All complaints considered by the board or an investigating committee thereof shall be so reported within six (6) months of the receipt of such complaint unless the board on a case by case basis, for good cause shown in writing, shall extend the time for consideration; provided, however, that failure to so report shall not divest the board of its jurisdiction to pursue the rights and remedies set forth in this chapter. If the board determines that such complaint merits consideration, or if the board, on its own initiative without a formal complaint has reason to believe that any holder of a license or limited registration to practice medicine may be guilty of unprofessional conduct, the chairman shall designate three (3) members of the board, at least one (1) of whom shall be a public member, to serve as a committee to investigate, and report upon such charges to the board. If the complaint relates to a doctor of allopathic medicine at least one (1) member of such committee shall be licensed as an allopathic physician. If the complaint relates to osteopathic physicians one (1) member of such committee shall be licensed as an osteopathic physician. Investigations shall remain confidential and all initial hearings, investigatory hearings, and full hearings before the board shall remain confidential. In the event that a hearing takes place before the hearing committee of the board, all decisions of the board shall set forth conclusions of fact and of law applicable to the decision which it has rendered. The board shall make public all decisions including all conclusions of fact and law set forth therein which set forth any sanction against a license holder as set forth in section 5-37-6.3. Following the investigation, the committee shall present its evaluations and recommendations to the board. The board shall review the committee's findings to determine whether to take further action, but no member of the board who participated in the investigation may participate in this review or any subsequent hearing or action taken by the board. The hearing committee shall consist of not less than three (3) of the remaining members of the board, at least one (1) of whom shall be a physician and at least one (1) of whom will be a public member. Three (3) members of the hearing committee shall constitute a quorum for the transaction of business. The chairperson of the board, or the chairperson's designee, shall preside over the hearing. DEL}

{ADD 5-37-5.2. Complaints. -- ADD} {ADD Any person, firm, corporation or public officer may submit a written complain to the board charging the holder of a license to practice medicine or limited registrant with unprofessional conduct, specifying the grounds therefore. The board shall review all complaints and in those instances where no referral is made to an investigating committee, it shall make a written finding of facts with regard to such complaint. ADD}

{ADD If the board determines that such complaint merits consideration, or if the board, on its own initiative without a formal complaint has reason to believe that any holder of a license or limited registration to practice medicine may be quilty of unprofessional conduct, the chairman shall designate three (3) members of the board at least one (1) of whom shall be a public member, to serve as a committee to investigate the complaint. If the complaint relates to a doctor of allopathic medicine at least one (1) member of the investigating committee shall be licensed as an allopathic physician. If the complaint relates to osteopathic physicians one (1) member of such committee shall be licensed as an osteopathic physician. ADD}

{ADD The investigating committee shall report its deliberations regarding the complaint to the Board. ADD}

{ADD No member of the board who participates in the investigation may participate in any subsequent hearing or action taken by the remainder of the board. Investigations shall remain confidential and all initial hearings, investigatory hearings, and full hearings before th board shall remain confidential. The investigating committee, after due deliberation, shall submit its recommendations (no unprofessional conduct or unprofessional conduct and relevant sanctions(s) or administrative closure). If the recommendation is no unprofesional conduct, the remaining nine (9) members of the board shall review the relevant data and vote a final recommendation. ADD}

{ADD In the event, however, of a recommendation of unprofessional conduct the accused may request a hearing (see following section 5-37-5.3 and 5-37-5.4). A hearing committee shall be designated by the chairman and shall consist of three (3) other members of the board at least one (1) of whom shall be a physician member and at least one (1) of whom shall be public member. Three (3) members of the hearing committee shall constitute a quorum for the transaction of business. The chairperson of the board, or the chairman's designee, shall preside over the hearing. After due deliberation, the hearing committee shall set forth conclusions of fact and of law applicable to the decision it has rendered. The board shall make public all decisions including all conclusions of fact and law set forth therein which set forth any sanction against a licensed holder as set forth in 5-37-6.3. ADD}

SECTION 2. This act shall take effect upon passage.