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Rhode Island General Laws 5-37.6-2. Findings

     

The general assembly finds and declares that:

(1)  Pain affects quality of life, job performance, and security;

(2)  Nearly thirty percent (30%) of nursing home residents with daily pain were receiving no pain medication of any form;

(3)  Pain untreated or under-treated adversely impacts the quality of life for patients;

(4)  Up to ninety-five percent (95%) of terminally ill patients’ pain can be relieved with adequate pain management; and

(5)  Too many Rhode Islanders are suffering and dying in needless pain.

History of Section.
P.L. 2002, ch. 331, § 1.

Rhode Island General Laws 5-37-6.2. Decision of the board

     

If a majority of the members of the board, sitting as the hearing committee, vote in favor of finding the accused guilty of unprofessional conduct as specified in the charges, the board shall prepare written findings of fact and law in support of that conclusion. The board shall immediately transmit its findings, together with an order stating the sanction to be imposed upon the accused, to the director who shall, as soon as practicable, order that appropriate action be taken in accordance with the order of the board. In no case shall a person be found guilty of unprofessional conduct unless a majority of the hearing committee votes in favor of finding the person guilty. If the accused is found not guilty, the board shall immediately issue an order dismissing the charges.

History of Section.
P.L. 1986, ch. 301, § 6; P.L. 1988, ch. 385, § 1; P.L. 1989, ch. 534, § 2.

Terms Used In Rhode Island General Laws 5-37-6.2

  • 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
  • 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
  • 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