(a)  The director at the direction of the board shall, after notice and hearing, in accordance with the procedures established in § 5-37-5.2 — § 5-37-6.2, refuse to grant the original license provided for in this chapter to any physician and/or applicant:

(1)  Who is not of good moral character;

(2)  Who does not meet the requirements for licensure prescribed in this chapter, regulations established by the board, and/or regulations promulgated by the director;

(3)  Who has violated any laws affecting the ability of any physician and/or applicant to practice medicine; or

(4)  Who has been found guilty in another state of conduct that, if committed in Rhode Island, would constitute unprofessional conduct as defined in § 5-37-5.1 and regulations adopted under that section.

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Terms Used In Rhode Island General Laws 5-37-4

  • Board: means the Rhode Island board of medical licensure and discipline or any committee or subcommittee thereof. See Rhode Island General Laws 5-37-1
  • Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 5-37-1
  • Person: means any individual, partnership, firm, corporation, association, trust or estate, state or political subdivision, or instrumentality of a state. See Rhode Island General Laws 5-37-1
  • Physician: means a person with a license to practice allopathic or osteopathic medicine in this state under the provisions of this chapter. See Rhode Island General Laws 5-37-1
  • unprofessional conduct: as used in this chapter includes, but is not limited to, the following items or any combination of these items 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 that is intended or has a tendency to deceive the public;

    (3)  Conviction of a felony; conviction of a crime arising out of the practice of medicine;

    (4)  Abandoning a 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 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)  Willfully omitting 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)  Failing to furnish details of a patient's medical record to succeeding physicians, healthcare facility, or other healthcare providers upon proper request pursuant to Rhode Island General Laws 5-37-5.1

(b)  The director shall serve a copy of his or her decision or ruling upon any person whose original certificate has been refused.

History of Section.
G.L. 1896, ch. 165, § 5; P.L. 1901, ch. 926, § 2; G.L. 1909, ch. 193, § 5; G.L. 1923, ch. 159, § 5; P.L. 1927, ch. 1029, § 2; G.L. 1938, ch. 275, § 5; G.L. 1956, § 5-37-4; P.L. 1962, ch. 85, § 1; P.L. 1976, ch. 244, § 2; P.L. 1986, ch. 301, § 5; P.L. 2021, ch. 400, § 9, effective July 13, 2021; P.L. 2021, ch. 401, § 9, effective July 13, 2021.