Terms Used In Rhode Island General Laws > Chapter 5-37 - Board of Medical Licensure and Discipline

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a child daycare provider that applies for a license to operate. See Rhode Island General Laws 42-12.5-2
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Athletic game: shall be construed to mean and include any game or exhibition of baseball, football, cricket, golf, tennis, track, or athletic game of a similar character played or held in the open air, and also any game or exhibition of ice polo, hockey, tennis, track, or athletic game of a similar character played or held in rinks or other enclosed buildings; provided, however, that the term shall not be construed to mean and include boxing, sparring, or wrestling matches, nor horse racing, trotting, or motor races. See Rhode Island General Laws 41-6-1
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• 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
• Capital offense: A crime punishable by death.
• Chambers: A judge's office.
• Chief administrative officer: means the administrator of the Rhode Island board of medical licensure and discipline. See Rhode Island General Laws 5-37-1
• Child: means any person less than eighteen (18) years of age. See Rhode Island General Laws 42-12.5-2
• Child day care: means daily care and/or supervision offered commercially to the public for any part of a twenty-four-hour (24) day to children away from their homes. See Rhode Island General Laws 42-12.5-2
• Child daycare center: means any person, firm, corporation, association, or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from the child's parent or guardian for any part of a twenty-four-hour (24) day irrespective of compensation. See Rhode Island General Laws 42-12.5-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contribution enrollee: means an individual residing in this state, with respect to whom an insurer administers, provides, pays for, insures, or covers healthcare services, unless excepted by this section. See Rhode Island General Laws 42-7.4-2
• Conviction: A judgement of guilt against a criminal 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of human services (DHS). See Rhode Island General Laws 42-12.5-2
• Department: means the department of transportation, or, if the department shall be abolished, the board, body, or commission succeeding to the principal functions thereof or upon whom the powers given by chapter 5 of Title 37 to the department shall be given by law. See Rhode Island General Laws 42-13.1-3
• Department: means the Rhode Island department of health. See Rhode Island General Laws 5-37-1
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the director of the department of human services, or the director's designee. See Rhode Island General Laws 42-12.5-2
• Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 5-37-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Energy crisis: means a condition of danger to the health, safety, welfare, or economic well being of the citizens of this state due to existing or impending abnormal market disruptions as they relate to energy resources. See Rhode Island General Laws 42-60-3
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family daycare home: means any home, other than the child's home, in which child day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more children who are not relatives of the caregiver. See Rhode Island General Laws 42-12.5-2
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• fronton: as used in this chapter mean a building or enclosure in which is provided a playing court with three (3) walls so designed and constructed for the playing of that sports game of ball as played in Spanish speaking countries, called jai alai or pelota. See Rhode Island General Laws 41-7-2
• gambling: shall include , but not be limited to, horseracing, dog racing, and jai alai; however, casino gaming shall be governed by the provisions of chapter 9. See Rhode Island General Laws 41-9-1
• gambling facility: as used in this chapter means a building or enclosure in which any gambling activity including, but not limited to, the foregoing is played or conducted. See Rhode Island General Laws 41-9-1
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health-maintenance organization: means a public or private organization licensed pursuant to the provisions of chapter 17 of Title 23 or chapter 41 of Title 27. See Rhode Island General Laws 5-37-1
• Healthcare facility: means any institutional health-service provider licensed pursuant to the provisions of chapter 17 of Title 23. See Rhode Island General Laws 5-37-1
• Healthcare services funding contribution: means per capita amount each contributing insurer must contribute to support the programs funded by the method established under this section, with respect to each contribution enrollee; provided, however, that, with respect to an insurer that is a Medicaid managed care organization offering managed Medicaid, the healthcare funding services contribution for any contribution enrollee whose healthcare services are paid or reimbursed under Title XIX of the Social Security Act (Medicaid) shall not include the children's health services funding requirement described in §?42-12-29. See Rhode Island General Laws 42-7.4-2
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Insurer: means all persons offering, administering, and/or insuring healthcare services, including, but not limited to:

  (A)  Policies of accident and sickness insurance, as defined by chapter 18 of Title 27:

  (B)  Nonprofit hospital or medical-service plans, as defined by chapters 19 and 20 of title 27;

  (C)  Any person whose primary function is to provide diagnostic, therapeutic, or preventive services to a defined population on the basis of a periodic premium;

  (D)  All domestic, foreign, or alien insurance companies, mutual associations, and organizations;

  (E)  Health maintenance organizations, as defined by chapter 41 of Title 27;

  (F)  All persons providing health benefits coverage on a self-insurance basis;

  (G)  All third-party administrators described in chapter 20. See Rhode Island General Laws 42-7.4-2

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means any person, firm, corporation, association, or agency that holds a valid license under this chapter. See Rhode Island General Laws 42-12.5-2
• Licensing authorities: as used in this chapter shall be construed to mean and include the board or bureau of police commissioners, or the city or town councils of any city or town authorized under the provisions of chapter 22 of Title 5 to grant licenses for shows and exhibitions. See Rhode Island General Laws 41-6-1
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• malpractice: means any tort, or breach of contract, based on health care or professional services rendered or that should have been rendered, by a physician, dentist, hospital, clinic, health-maintenance organization, or professional service corporation providing healthcare services and organized under chapter 5. See Rhode Island General Laws 5-37-1
• Medical record: means a record of a patient's medical information and treatment history maintained by physicians and other medical personnel, which includes, but is not limited to, information related to medical diagnosis, immunizations, allergies, x-rays, copies of laboratory reports, records of prescriptions, and other technical information used in assessing the patient's health condition, whether such information is maintained in a paper or electronic format. See Rhode Island General Laws 5-37-1
• Medical-practice group: means a single legal entity formed primarily for the purpose of being a physician group practice in any organizational form recognized by the state in which the group practice achieves its legal status, including, but not limited to, a partnership, professional corporation, limited-liability company, limited-liability partnership, foundation, not-for-profit corporation, faculty practice plan, or similar association. See Rhode Island General Laws 5-37-1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Other vehicle: means any vehicle that has not been defined pursuant to this chapter as a large commercial truck. See Rhode Island General Laws 42-13.1-3
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peer-review board: means any committee of a state or local professional association or society including a hospital association, or a committee of any licensed healthcare facility, or the medical staff thereof, or any committee of a medical-care foundation or health-maintenance organization, or any committee of a professional-service corporation or nonprofit corporation employing twenty (20) or more practicing professionals, organized for the purpose of furnishing medical service, or any staff committee or consultant of a hospital-service or medical-service corporation, the function of which, or one of the functions of which, is to evaluate and improve the quality of health care rendered by providers of healthcare services or to determine that healthcare services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional healthcare services in the area and shall include a committee functioning as a utilization-review committee under the provisions of 42 U. See Rhode Island General Laws 5-37-1
• Person: means any individual, corporation, company, association, partnership, limited liability company, firm, state governmental corporations, districts, and agencies, joint stock associations, trusts, and the legal successor thereof. See Rhode Island General Laws 42-7.4-2
• 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
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Practice of medicine: includes the practice of allopathic and osteopathic medicine. See Rhode Island General Laws 5-37-1
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regulation: means any requirement for licensure, promulgated pursuant to this chapter, having the force of law. See Rhode Island General Laws 42-12.5-2
• Related: means any of the following relationships, by marriage, blood or adoption, even following the death or divorce of a natural parent: parent, grandparent, brother, sister, aunt, uncle, and first cousin. See Rhode Island General Laws 42-12.5-2
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• RFID: means a toll collection system approved by the department that may consist of a toll tag placed inside the vehicle and an overhead antenna that reads the toll tag and collects the toll. See Rhode Island General Laws 42-13.1-3
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Secretary: means the secretary of health and human services. See Rhode Island General Laws 42-7.4-2
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Toll evader: means , for the purposes of this chapter, any registered owner of any large commercial truck that passes through any electronic tolling location as authorized pursuant to § 42-13. See Rhode Island General Laws 42-13.1-3
• Toll facility: means equipment or capital improvements funded in whole or in part by toll revenue, or required to effectuate toll collection. See Rhode Island General Laws 42-13.1-3
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• 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.
• traumatic brain injury: means an injury to the skull, the brain contents or its coverings, not of a degenerative or congenital nature, which may or may not produce an altered state of consciousness or result in temporary or permanent decrease of mental, cognitive, behavioral or physical functioning which causes partial or total disability. See Rhode Island General Laws 42-12-21
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Turnpike and bridge authority: means the Rhode Island turnpike and bridge authority (RITBA), a public instrumentality of the state of Rhode Island, created by the general assembly pursuant to chapter 12 of Title 24. See Rhode Island General Laws 42-13.1-3
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• 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 § 5-37. See Rhode Island General Laws 5-37-5.1

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.