Introduced By: Representatives Ginaitt, Dennigan and Benoit
Date Introduced : January 26, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 5-34-25 of the General Laws in Chapter 5-34 entitled "Nurses" is hereby amended to read as follows:
5-34-25. Procedure for discipline of licensees. -- (a) Upon filing a sworn complaint with the board charging a person with having been guilty of any of the actions specified in section 5-34-24, two (2) or more members of the board of nurse registration and nursing education shall immediately investigate those charges, or the board, after investigation, may institute charges. In the event that investigation, in the opinion of the board, shall reveal reasonable grounds for believing the applicant or licensee is guilty of the charges, the board shall fix a time and place for hearing thereof and shall cause a copy of the charges, together with a notice of the time and place fixed for hearing, to be personally served upon the accused at least twenty (20) days prior to the time fixed for hearing. When personal service cannot be effected and that fact is certified by oath by any person duly authorized to make service, the board shall cause to be published once in each of two (2) successive weeks a notice of the hearing in a newspaper published in the county where the defendant last resided according to the records of the board and shall mail a copy of the charges and of the notice to the accused at his or her last known address. When publication of notice is necessary, the date of the hearing shall not be less than twenty (20) days after the last date of publication of the notice. At the hearing, the accused shall have the right to appear personally, or by counsel, or both, to produce witnesses and to have subpoenas issued by the board. The attendance of witnesses and the production of books, documents, and papers at the hearing may be compelled by subpoenas issued by the board, which shall be served in accordance with the law. At the hearing, the board shall administer oaths as may be necessary for the proper conduct of the hearing. The board shall not be bound by the strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient legal evidence to sustain it. {ADD The board, giving due consideration to its available resources and competing responsibilities shall make its best efforts to complete the investigation of each complaint and issue a decision within six (6) months of the receipt of such complaint. The board, at its sole discretion, may extend the time for issuing its decision beyond such initial six (6) month period, provided that individuals subject to such extension of review are provided with written notice of such extension. ADD}If the accused is found guilty of the charges, the board may revoke, suspend, or otherwise discipline a licensee.
(b) Upon revocation or suspension of a license, the holder thereof shall surrender the license to the administrator of professional regulation, who shall strike the name of the holder from the current roster of licensed nurses. The date and action taken shall be duly recorded. The case of a licensee with a revoked or suspended license may be reviewed at the discretion of the board. Likewise, the case of a licensee who has been reprimanded or otherwise disciplined by the board should be duly recorded as to the date and the action taken and may be reviewed at the discretion of the board.
SECTION 2. This act shall take effect upon passage.
