(a) 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 for the complaint. The board shall review all complaints.
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Terms Used In Rhode Island General Laws 5-37-5.2
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Rhode Island department of health. 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Limited registrant: means a person holding a limited-registration certificate pursuant to the provisions of this chapter. 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- 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) If the board determines that the 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 chairperson shall designate three (3) members of the board, at least one of whom shall be a public member, to serve as a committee to investigate the complaint. If the complaint relates to a procedure involving osteopathic manipulative treatment (OMT), at least one member of the investigating committee shall be an osteopathic physician member of the board.
(c) The investigating committee shall conduct its deliberations and make recommendations regarding the complaint to the board. In conducting an investigation of such complaints that require an inspection of a licensee’s office:
(1) Either the investigating committee or the full board shall make a finding that an inspection is required and this finding must be evidenced by recorded minutes showing the vote to conduct an inspection;
(2) The scope and manner of conducting any such inspection shall be reasonably related to the written complaint received. Any licensee whose office is the subject of such inspection shall be provided by either the investigating committee or the full board with a copy of the complaint or a written summary of all pertinent allegations prior to or at the commencement of the inspection;
(3) At the conclusion of the inspection and prior to leaving the licensee’s office premises, the board’s inspectors shall provide the licensee whose office has been inspected with a copy of the completed inspection form, noting areas of deficiency or follow-up;
(4) Unless there is a real potential of imminent, unreasonable harm to patients or staff, the licensee shall have ten (10) days to remedy any deficiencies found during the inspection; and
(5) All inspections shall be carried out so as not to interfere with direct patient care.
(d) No member of the board who participated 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 the board shall remain confidential.
(e)(1) If the recommendation is no unprofessional conduct, the remaining members of the board shall review the relevant data and vote a final recommendation.
(2) If the investigating committee has probable cause to believe the alleged unprofessional conduct of the licensee is caused by an impairment that has directly affected the ability of the licensee to conduct his or her practice professionally, the committee may use its authority under § 5-37-1.3(10) to assist in further deliberations regarding the alleged misconduct of the licensee.
(3) In the event of a determination by the investigating committee of probable cause for a finding of unprofessional conduct, the accused may request a hearing (see § 5-37-5.3 and § 5-37-5.4). A hearing committee shall be designated by the chairperson consisting of three (3) other members of the board, at least one of whom shall be a physician member and at least one of whom is a public member. If the complaint relates to a procedure involving osteopathic manipulative treatment (OMT), at least one member of the investigating committee shall be an osteopathic physician member of the board. The hearing shall be conducted by a hearing officer appointed by the director of the department of health. The hearing officer shall be responsible for conducting the hearing and writing a proposed findings of fact and conclusions of law along with a recommendation of a sanction, if warranted. The hearing committee shall read the transcript and review the evidence and, after deliberation, the hearing committee shall issue a final decision including conclusions of fact and of law. The board shall make public all decisions, including all conclusions against a license holder as listed in § 5-37-6.3.
History of Section.
P.L. 1986, ch. 301, § 6; P.L. 1988, ch. 385, § 1; P.L. 1989, ch. 534, § 2; P.L. 1995, ch. 181, § 1; P.L. 1998, ch. 318, § 1; P.L. 2003, ch. 176, § 1; P.L. 2003, ch. 177, § 1; P.L. 2016, ch. 486, § 1; P.L. 2016, ch. 493, § 1.
