Introduced By: Senators Igliozzi, Tocco, Oster, and McCaffrey
Date Introduced : January 21, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 5-29-16 of the General Laws in Chapter 5-29 entitled "Podiatrists" is hereby amended to read as follows:
5-29-16. Unprofessional conduct. -- The term "unprofessional conduct" as used in this chapter shall include but not be limited to the following items or any combination thereof and may be further defined by regulations established by the board with the approval of the director:
(1) Fraudulent or deceptive procuring or use of a license of limited registration;
(2) All advertising of podiatry business which is intended or has a tendency to deceive the public;
(3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of a crime arising out of the practice of podiatry;
(4) Abandonment of patient;
(5) Dependence upon a controlled substance, habitual drunkenness or rendering professional services to a patient while the podiatrist or limited registrant is intoxicated or incapacitated by the use of drugs;
(6) Promotion by a podiatrist, or limited registrant of the sale of drugs, devices, appliances, or goods or services provided for a patient in such a manner as to exploit the patient for the financial gain of the podiatrist or limited registrant;
(7) Immoral conduct of a podiatrist, or limited registrant in the practice of podiatry;
(8) Willfully making and filing false reports or records in the practice of podiatry;
(9) Willful omission to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record podiatry/medical or other reports as required by law;
(10) Failure to furnish details of a patient's medical record to succeeding podiatrist or medical facility upon proper request pursuant to this chapter;
(11) Solicitation of professional patronage by agents or persons or profiting from acts of those representing themselves to be agents of the licensed podiatrist or limited registrant;
(12) Division of fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;
(13) Agreeing with clinical or bioanalytical laboratories to accept payments from such laboratories for individual tests or test series for patients, or agreeing with podiatry laboratories to accept payment from such laboratories for work referred;
(14) Willful misrepresentation in treatment;
(15) Practice podiatry with an unlicensed podiatrist except in accordance with the rules and regulations of the board of aiding or abetting such unlicensed persons in the practice of podiatry;
(16) Gross and willful overcharging for professional services; including filing of false statements for collection of fees for which services are not rendered or willfully making or assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in determining rights to podiatric care or other benefits;
(17) Offering, undertaking or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine;
(18) Professional or mental incompetency;
(19) Incompetent, negligent, or willful misconduct in the practice of podiatry which shall include the rendering of unnecessary podiatry services and any departure from or the failure to conform to the minimal standards of acceptable and prevailing podiatry practice in his or her area of expertise as shall be determined by the board. The board need not establish actual injury to the patient in order to adjudge a podiatrist or limited registrant guilty of the above-named conduct;
(20) Revocation, suspension, surrender, or limitation of privilege based on quality of care provided or any other disciplinary action against a license to practice podiatry in another state or jurisdiction, or revocation, suspension, surrender or other disciplinary action with respect to membership on any podiatry staff or in any podiatry or professional association or society for conduct similar to acts or conduct which would constitute grounds for action as set forth in this chapter;
(21) Any adverse judgment, settlement or award arising from a medical liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this chapter or regulations adopted hereunder;
(22) Failure to furnish the board, its director, investigator, or representative, information legally requested by the board;
(23) Violation of any provisions of this chapter or the rules and regulations of the board or any rules and regulations promulgated by the director or of an action, stipulation, or agreement of the board;
(24) Cheating on or attempting to subvert the licensing examination;
(25) Violating any state or federal law or regulation relating
to controlled substances; {DEL or DEL}
(26) Failure to maintain standards established by peer review
boards, including but not limited to standards related to proper
utilization of services, and use of nonaccepted procedure and/or
quality of care {DEL . DEL} {ADD ; or ADD}
{ADD (27) A podiatrist providing services to a person who is making a claim as a result of a personal injury, who charges or collects from said person any amount in excess of the reimbursement to the podiatrist by the insurer as a condition of providing or continuing to provide services or treatment. ADD}
SECTION 2. Section 5-30-13 of the General Laws in Chapter 5-30 entitled "Chiropractors" is hereby amended to read as follows:
5-30-13. Continuing education requirements -- Grounds for refusal, revocation, or suspension of certificates. -- (a) The division of professional regulation of the department of health may, after due notice and hearing, in its discretion refuse to grant the certificate provided for in this chapter to any chiropractic physician if the applicant has not furnished satisfactory evidence that he or she has completed, in the twelve (12) months preceding each renewal date, at least twelve (12) hours of instruction in chiropractic related subjects as conducted by the chiropractic society of Rhode Island or the equivalent thereof as approved by the division. Satisfactory evidence of completion of postgraduate study of a type and character, or at an educational session or institution approved by the division, shall be considered equivalent. Every chiropractor licensed to practice within this state shall, on or before the thirty-first day of October of every third year after the 1980 registration, apply to the Rhode Island state board of chiropractic examiners for certification of triennial registration with the board. The division may after due notice and hearing, in its discretion refuse to grant the certificate provided for in this chapter to any chiropractic physician, if the applicant has not furnished satisfactory evidence to the board of examiners that in the preceding three (3) years the practitioner has completed sixty (60) hours of instruction in chiropractic related subjects prescribed by the rules and regulations by the board of examiners in chiropractic as conducted by the chiropractic society of Rhode Island or the equivalent thereof as approved by the division. Satisfactory evidence of completion of postgraduate study of a type and character, or at an educational session or institution approved by the division, shall be considered equivalent. The division may waive the educational requirements if the division is satisfied that an applicant has suffered a hardship or for any other sufficient reason was prevented from meeting the educational requirements.
(b) The division of professional regulation of the department of health may, after due notice and hearings, in its discretion refuse to grant the certificate provided for in this chapter to any chiropractor who is not of good moral character, or who has violated any of the laws of the state involving moral turpitude or affecting the ability of any chiropractor to practice chiropractic, or who has been guilty of gross unprofessional conduct or conduct of a character likely to deceive or defraud the public, and may, after due notice and hearing, revoke or suspend any certificate issued or granted by it heretofore for like cause or for any fraud or deception committed in obtaining the certificate. Gross unprofessional conduct is defined as including, but not being limited to:
(1) The use of any false or fraudulent statement in any document connected with the practice of chiropractic.
(2) The obtaining of any fee by willful fraud or misrepresentation either to a patient or insurance plan.
(3) The willful violation of a privileged communication.
(4) Knowingly performing any act which in any way aids or assists an unlicensed person to practice chiropractic in violation of this chapter.
(5) The practice of chiropractic under a false or assumed name.
(6) The advertising for the practice of chiropractic in a deceptive or unethical manner.
(7) The obtaining of a fee as personal compensation or gain for an employer or for a person on a fraudulent representation that a manifestly incurable condition can be permanently cured.
(8) Habitual intoxication or addiction to the use of drugs.
(9) Wilful or repeated violations of any of the rules or regulations of the state department of health.
(10) Gross incompetency in the practice of his or her profession.
(11) Repeated acts of immorality or repeated acts of gross misconduct in the practice of his or her profession.
(12) The procuring or aiding or abetting in procuring a criminal abortion.
{ADD (13) A chiropractor providing services to a person who is making a claim as a result of a personal injury, who charges or collects from said person any amount in excess of the reimbursement to the chiropractor by the insurer as a condition of providing or continuing to provide services or treatment. ADD}
(c) The division of professional regulation of the department of health shall serve a copy of its decision or ruling upon any person whose certificate has been revoked or refused.
SECTION 3. Section 5-35-19 of the General Laws in Chapter 5-35 entitled "Optometrists" is hereby amended to read as follows:
5-35-19. Refusal, suspension or revocation of certificate for gross unprofessional conduct. -- (a) In addition to any and all other remedies provided in this chapter, the administrator of the division of professional regulation and the director of health may, after due notice and hearing, as hereinafter provided, in its discretion, refuse to grant, refuse to renew, suspend, or revoke any certificate of registration provided for in this chapter to any person who is not of good moral character, or who has been guilty of gross unprofessional conduct or conduct of a character likely to deceive or defraud the public, or for any fraud or deception committed in obtaining such certificate. Gross unprofessional conduct is defined as including, but not being limited to:
(1) Conviction of felony or any crime or misdemeanor involving moral turpitude as evidenced by a certified copy of the record of the court convicting;
(2) Continued practice by a person knowingly having a contagious or infectious disease;
(3) Advertising by means of false or deceptive statements;
(4) Peddling from door to door;
(5) Habitual intoxication or addiction to the use of drugs;
(6) The use of any false or fraudulent statement in any document connected with his or her practice;
(7) The obtaining of any fee by fraud or wilful misrepresentation of any kind either to a patient or insurance plan;
(8) Wilfully betraying professional secrets;
(9) Knowingly performing any act which in any way aids or assists an unlicensed person to practice in violation of this chapter;
(10) Violating or attempting to violate, directly or indirectly, or assisting in, or abetting, the violation of, or conspiring to violate, any of the provisions of this chapter or regulations heretofore or hereafter issued pursuant hereto;
(11) Gross incompetence; {DEL or DEL}
(12) Repeated acts of immorality or repeated acts of gross misconduct {DEL . DEL}
{ADD ; or ADD}
{ADD (13) An optometrist providing services to a person who is making a claim as a result of a personal injury, who charges or collects from said person any amount in excess of the reimbursement to the optometrist by the insurer as a condition of providing or continuing to provide services or treatment. ADD}
(b) All proceedings under this section may be instituted by the administrator of the division, the director of health, or the board of examiners for optometry from matters within his, her or its own knowledge, or may be taken upon the information of another. All accusations must be in writing, verified by some party familiar with the facts therein charged, and three (3) copies thereof must be filed with the administrator of the division of professional regulation or the director of health. Upon receiving the accusation, the administrator of the division of professional regulation or the director of health, as the case may be, shall, if he or she deems the accusation sufficient, make an order setting the accusation for hearing and requiring the person against whom the accusation has been made to appear and answer it at that hearing, at a specified time and place and shall cause a copy of the order and of the accusation or accusations to be served upon the person accused at least thirty (30) days before the day appointed in the order for that hearing. The hearing shall be open to the public. The person accused must appear at the time appointed in the order and answer the charges and make his or her defense to the charges, unless for sufficient cause the administrator of the division of professional regulation or the director of health assigns another day for that purpose. If he or she does not appear, the administrator of the division of professional regulation or the director of health may proceed and determine the accusation or accusations in his or her absence. If the person against whom the accusation or accusations are made pleads guilty or refuses to answer the charges, or, upon the hearing thereof, the administrator of the division of professional regulation or the director of health shall find them or any of them true, they may proceed to a judgment. The administrator of the division of professional regulation or the director of health and the accused may have the benefit of counsel.
(c) When it appears to the administrator of the division, the director of health, or the board of examiners for optometry from matters within his, her or its own knowledge, or upon information from another, as above provided, that any person is violating any of the provisions of this chapter the administrator, director of health or board of examiners may, cause to be instituted an action commenced in the name of the board to enjoin that violation in a court of competent jurisdiction and that court may, only after hearing in open court, restrain or enjoin any person, firm, corporation, or association from violating any of the provisions of this chapter without regard to whether proceedings have been or may be instituted before the board under the preceding paragraph or whether criminal proceedings have been or may be instituted. No ex parte restraining orders shall be issued in that matter.
(d) The administrator of the division and the director of health, each, is hereby authorized to administer oaths, and in all cases or proceedings pending before them, is hereby authorized and empowered to summon witnesses by subpoena, and to compel those witnesses to attend and testify in the same manner as witnesses are compelled to appear and testify in any court; and is authorized to compel the production of all papers, books, documents, records, certificates, or other legal evidence that may be necessary or proper for the determination and decision of any question or the discharge of any duty required by law of the division, by issuing a subpoena duces tecum. All subpoenas and orders for the production of books, accounts, papers, records, and documents shall be signed and issued by the administrator of the division or the director of health and served as subpoenas in civil cases in the superior court are now served, and witnesses so subpoenaed shall be entitled to the same fee for attendance and travel as are now provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the division fails to obey the command of that subpoena without reasonable cause, or if a person in attendance before the division, without reasonable cause, refuses to be sworn, or to be examined, or to answer a legal and pertinent question, or if any person shall refuse to produce the books, accounts, papers, records, and documents material to the issue, set forth in an order duly served on him or her, the administrator may apply to any justice of the superior court for any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing that person to show cause before the justice who made the order or any other justice aforesaid, why he or she should not be judged in contempt. Upon the return of that order, the justice before whom the matter is brought on for a hearing shall examine under oath that person and that person shall be given an opportunity to be heard and if the justice shall determine that such person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records, and documents, material to the issue, which he or she was ordered to bring or produce, he or she may forthwith commit the offender to jail, there to remain until he or she submits to do the act which he was so required to do, or is discharged according to law. Any person who shall swear falsely in any proceeding, matter, or hearing before the division shall be deemed guilty of the crime of perjury.
SECTION 4. Section 5-37-5.1 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" is hereby amended to read as follows:
5-37-5.1. Unprofessional conduct. -- The term "unprofessional conduct" as used in this chapter shall include but not be limited to the following items or any combination thereof and may be further defined by regulations established by the board with the prior approval of the director:
(1) Fraudulent or deceptive procuring or use of a license or limited registration;
(2) All advertising of medical business which is intended or has a tendency to deceive the public;
(3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of a crime arising out of the practice of medicine;
(4) Abandonment of patient;
(5) Dependence upon controlled substances, habitual drunkenness, or rendering professional services to a patient while the physician or limited registrant is intoxicated or incapacitated by the use of drugs;
(6) Promotion by a physician or limited registrant of the sale of drugs, devices, appliances, or goods or services provided for a patient in such a manner as to exploit the patient for the financial gain of the physician or limited registrant;
(7) Immoral conduct of a physician or limited registrant in the practice of medicine;
(8) Willfully making and filing false reports or records in the practice of medicine;
(9) Willful omission to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record medical or other reports as required by law;
(10) Failure to furnish details of a patient's medical record to succeeding physicians, health care facility, or other health care providers upon proper request pursuant to section 5-37.3-4;
(11) Solicitation of professional patronage by agents or persons or profiting from acts of those representing themselves to be agents of the licensed physician or limited registrants;
(12) Division of fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;
(13) Agreeing with clinical or bioanalytical laboratories to accept payments from such laboratories for individual tests or test series for patients;
(14) Willful misrepresentation in treatments;
(15) Practicing medicine with an unlicensed physician except in an accredited preceptorship or residency training program, or aiding or abetting such unlicensed persons in the practice of medicine;
(16) Gross and willful overcharging for professional services; including filing of false statements for collection of fees for which services are not rendered or willfully making or assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in determining rights to health care or other benefits;
(17) Offering, undertaking or agreeing to cure or treat disease by a secret method, procedure, treatment or medicine;
(18) Professional or mental incompetency;
(19) Incompetent, negligent, or willful misconduct in the practice of medicine which shall include the rendering of medically unnecessary services and any departure from or the failure to conform to the minimal standards of acceptable and prevailing medical practice in his or her area of expertise as shall be determined by the board. The board need not establish actual injury to the patient in order to adjudge a physician or limited registrant guilty of the above-named conduct;
(20) Failure to comply with the provisions of chapter 4.7 of title 23;
(21) Surrender, revocation, suspension, limitation of privilege based on quality of care provided, or any other disciplinary action against a license or authorization to practice medicine in another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating to a membership on any medical staff or in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct which would constitute grounds for action as set forth in this chapter;
(22) Any adverse judgment, settlement or award arising from a medical liability claim related to acts or conduct which would constitute grounds for action as set forth in this chapter;
(23) Failure to furnish the board, its chief administrative officer, investigator or representatives, information legally requested by the board;
(24) Violation of any provision(s) of this chapter or the rules and regulations of the board or any rules or regulations promulgated by the director or of an action, stipulation, or agreement of the board;
(25) Cheating on or attempting to subvert the licensing examination;
(26) Violating any state or federal law or regulation relating to controlled substances;
(27) Failure to maintain standards established by peer review boards, including but not limited to standards related to proper utilization of services, use of nonaccepted procedure, and/or quality of care;
(28) Medical malpractice;
(29) A physician, who, if he or she agrees to treat a beneficiary
of health insurance under title XVIII of the Social Security Act,
42 U.S.C. section 1395 et seq., charges or collects from such
beneficiary any amount in excess of the reasonable charge for
that service as determined by the United States secretary of health
and human services; {DEL or DEL}
(30) Sexual contact between a physician and patient during the
existence of the physician/patient relationship {DEL . DEL}
{ADD ; or ADD} {DEL DEL}
{ADD (31) A physician providing services to a person who is making a claim as a result of a personal injury, who charges or collects from said person any amount in excess of the reimbursement to the physician by the insurer as a condition of providing or continuing to provide services or treatment. ADD}
SECTION 5. Section 5-40-13 of the General Laws in Chapter 5-40 entitled "Physical Therapists" is hereby amended to read as follows:
5-40-13. Grounds for denial, revocation or suspension of licenses. -- (a) The board shall have power to deny, revoke, or suspend any registration issued by the administrator of professional regulation or applied for in accordance with this chapter or otherwise to discipline a person licensed under this chapter upon proof that the person:
(1) Is guilty of fraud or deceit in procuring or attempting to procure a registration;
(2) Is habitually intemperate or is addicted to the use of habit forming drugs;
(3) Is mentally and/or professionally incompetent;
(4) Has willfully or repeatedly violated any of the provisions of this chapter;
(5) Is guilty of fraud or deceit in the practice of physical therapy {DEL . DEL}
{ADD ; ADD}
{ADD (6) Providing services to a person who is making a claim as a result of a personal injury, who charges or collects from said person any amount in excess of the reimbursement to the physical therapist by the insurer as a condition of providing or continuing to provide services or treatment. ADD}
(b) Whenever a patient seeks or receives treatment from a physical therapist without referral from a doctor of medicine, osteopathy, dentistry, podiatry or chiropractic the physical therapist shall:
(1) Disclose to the patient in writing the scope and limitations of the practice of physical therapy and shall obtain their consent thereto in writing; and
(2) Refer the patient to such a practitioner within ninety (90) days after the date treatment commenced, provided, however, a physical therapist shall not be required to make such a referral after treatment is concluded;
(3) No physical therapist who shall have less than one year clinical experience as a physical therapist shall commence treatment on a patient without a referral from a doctor of medicine, osteopathy, dentistry, podiatry, or chiropractic.
SECTION 6. Section 5-40.1-14 of the General Laws in Chapter 5-40.1 entitled "Occupational Therapy" is hereby amended to read as follows:
5-40.1-14. Grounds for refusal to renew, suspension or revocation of license. -- (a) The board may deny a license or refuse to renew a license or may suspend or revoke a license or may impose probationary conditions if the licensee has been found guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
(2) Being found guilty of fraud or deceit in connection with his or her services rendered as an occupational therapist or occupational therapy assistant;
(3) Commission of a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea of "no contest" is conclusive evidence that a felony or misdemeanor was committed.
(4) Violating any lawful order, rule or regulation rendered or adopted by the board; and
(5) Failing to report in writing to the board any disciplinary
decision issued against the licensee or the applicant in another
jurisdiction within thirty (30) days of the disciplinary decisions;
{DEL and DEL}
(6) Violating any provision of this chapter {DEL . DEL}
{ADD ; and ADD}
{ADD (7) Providing services to a person who is making a claim as a result of a personal injury, who charges or collects from said person any amount in excess of the reimbursement to the occupational therapist by the insurer as a condition of providing or continuing to provide services or treatment. ADD}
(b) A denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon the license may be ordered by the board or the director of the department of health after a hearing in the manner provided by the Administrative Procedures Act, chapter 35 of title 42.
(c) The American Occupational Therapy Association's "Occupational Therapy Code of Ethics" shall be adopted as a public statement of the values and principles used in promoting and maintaining high standards of behavior in occupational therapy. These state:
(1) Occupational therapy personnel shall demonstrate a concern for the well-being of the recipients of their services;
(2) Occupational therapy personnel shall respect the rights of the recipients of their services;
(3) Occupational therapy personnel shall achieve and continually maintain high standards of competence;
(4) Occupational therapy personnel shall comply with laws and association policies guiding the profession of occupational therapy;
(5) Occupational therapy personnel shall provide accurate information about occupational therapy services; and
(6) Occupational therapy personnel shall treat colleagues and other professionals with fairness, discretion, and integrity.
SECTION 7. Section 5-44-18 of the General Laws in Chapter 5-44 entitled "Psychologists" is hereby amended to read as follows:
5-44-18. Grounds for discipline. -- The board shall have the power to deny, revoke, or suspend any registration issued by the administrator of professional regulation or applied for in accordance with this chapter or otherwise to discipline a psychologist upon proof that the person:
(1) Is guilty of fraud or deceit in procuring or attempting to procure a registration;
(2) Is guilty of a felony or of a crime of immorality;
(3) Is habitually intemperate or is addicted to the use of habit-forming drugs;
(4) Is mentally incompetent;
(5) Has willfully or repeatedly violated any of the provisions of this chapter;
(6) Is habitually negligent in the performance of his or her duties;
(7) Has willfully or repeatedly violated any of the ethical principles
governing psychologists and the practice of psychology, as adopted
by the board, and in force at the time a charge is made and determined
by the board, regardless of whether or not the person is a member
of any national, regional, or state psychological association;
provided however, that those ethical principles shall be of a
nationally recognized standard {DEL . DEL} {ADD ; ADD}
{ADD (8) Providing services to a person who is making a claim as a result of a personal injury, who charges or collects from said person any amount in excess of the reimbursement to the psychologist by the insurer as a condition of providing or continuing to provide services or treatment. ADD}
SECTION 8. Section 5-54-2 of the General Laws in Chapter 5-54 entitled "Physician Assistants" is hereby amended to read as follows:
5-54-2. Definitions. -- As used in this chapter, the following words shall have the following meanings:
(1) "Administrator" means the administrator, division of professional regulation.
(2) "Approved program" means a program for the education and training of physician assistants that has been formally approved by the American medical association's (A.M.A.'s) committee on allied health, education and accreditation, its successor, the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor.
(3) "Board" means the board of licensure of physician assistants.
(4) "Director" means the director of the department of health.
(5) "Division" means the division of professional regulation, department of health.
(6) "Formulary committee" means a committee empowered to develop a list of medications that physician assistants may prescribe.
(7) "Physician" means a person licensed under the provisions of chapters 29 or 37 of this title.
(8) "Physician assistant" means a person not a physician nor person holding a medical doctor or equivalent degree who is qualified by academic and practical training to provide those certain patient services under the supervision, control, responsibility and direction of a licensed physician.
(9) "Supervision" means overseeing the activities of, and accepting the responsibility for the medical services rendered by the physician assistants. Supervision shall be continuous, and under the direct control of a licensed physician expert in the field of medicine in which the physician assistants practice. The constant physical presence of the supervising physician or physician designee is not required. It is the responsibility of the supervising physician and physician assistant to assure an appropriate level of supervision depending on the services being rendered. Each physician or group of physicians, or other health care delivery organization excluding licensed hospital or licensed health care facilities controlled or operated by a licensed hospital employing physician assistant(s) must have on file at the primary practice site a copy of a policy in the form of an agreement between the supervising physician(s) and physician assistant(s) delineating:
(A) the level of supervision provided by the supervising physician(s) or designee(s) with particular reference to differing levels of supervision depending on the type of patient services provided and requirements for communication between the supervising physician(s) or designee(s) and the physician assistant.
(B) a job description for the physician assistant listing patient care responsibilities and procedures to be performed by the physician assistant.
(C) a program for quality assurance for physician assistant services including requirements for periodic review of the physician assistant services.
Requirements for supervision of physician assistant employed or extended medical staff privileges by licensed hospitals or other licensed health care facilities or employed by other health care delivery agencies shall be delineated by the medical staff bylaws and/or applicable governing authority of the facility.
The supervising physician or physician designee must be available for easy communication and referral at all times.
(10) "Approved program for continuing medical education" shall mean a program for continuing education approved by the American Academy of Physician Assistants (AAPA) or the Accreditation Council for Continuing Medical Education of the American Medical Association (AMA), or the American Academy of Family Physicians (AAPFP) or the American Osteopathic Association Committee on Continuing Medical Education (AOACCME) or any other board approved program.
(11) "Unprofessional conduct" shall include but not be limited to the following items or any combination thereof and may be further defined by regulations established by the board with prior approval of the director:
(i) Fraudulent or deceptive procuring or use of a license;
(ii) Representation of himself or herself as a physician;
(iii) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of a crime arising out of the practice of medicine. All advertising of medical business which is intended or has a tendency to deceive the public;
(iv) Abandonment of a patient;
(v) Dependence upon a controlled substance, habitual drunkenness, or rendering professional services to a patient while intoxicated or incapacitated by the use of drugs;
(vi) Promotion of the sale of drugs, devices appliances, or goods or services provided for a patient in such a manner as to exploit the patient for the financial gain of the physician assistant;
(vii) Immoral conduct of a physician assistant in the practice of medicine;
(viii) Willfully making and filing false reports or records;
(ix) Willful omission to file or record or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record medical or other reports as required by law;
(x) Agreeing with clinical or bioanalytical laboratories to accept payments from such laboratories for individual tests or test series for patients;
(xi) Practicing with an unlicensed physician or physician assistant or aiding or abetting such unlicensed persons in the practice of medicine;
(xii) Offering, undertaking or agreeing to cure or treat a disease by a secret method, procedure, treatment or medicine;
(xiii) Professional or mental incompetence;
(xiv) Surrender, revocation, suspension, limitation of privilege based on quality of care provided, or any other disciplinary action against a license or authorization to practice in another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating to membership on any medical staff or in any medical professional association, or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct which would constitute grounds for action as set forth in this chapter;
(xv) Any adverse judgment, settlement, or award arising from a medical liability claim related to acts or conduct which would constitute grounds for action as set forth in this chapter;
(xvi) Failure to furnish the board, the administrator, investigator or representatives, information legally requested by the board;
(xvii) Violation of any provision(s) of this chapter or the rules and regulations promulgated by the director or an action, stipulation, or agreement of the board;
(xviii) Cheating or attempting to subvert the certifying examination;
(xix) Violating any state or federal law or regulation relating to controlled substances;
(xx) Medical malpractice;
(xxi) Sexual contact between a physician assistant and patient
during the existence of the physician assistant/patient relationship {DEL . DEL}
{ADD ; ADD}
{ADD (xxii) Providing services to a person who is making a claim as a result of a personal injury, who charges or collects from said person any amount in excess of the reimbursement to the physician assistant by the insurer as a condition of providing or continuing to provide services or treatment. ADD}
SECTION 9. This act shall take effect upon passage.
