(a)  The director of health and board members are immune from suit in any action, civil or criminal, based upon any disciplinary proceeding or other official act performed in good faith in the course of their duties under this chapter. There is no civil liability on the part of or cause of action of any nature against the board, director, their agents or their employees or against any organization or its members, peer review board or its members, or other witnesses and parties to board proceedings for any statement made by them in any reports, communications, or testimony concerning an investigation of the conduct or competence of a licensed podiatrist or limited registrant.

Terms Used In Rhode Island General Laws 5-29-15

  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • unprofessional conduct: as used in this chapter includes, but is not limited to, the following items or any combination of them 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 that is intended or has a tendency to deceive the public;

    (3)  Conviction of a felony, or conviction of a crime arising out of the practice of podiatry;

    (4)  Abandonment of a 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 a manner that exploits 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 a 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 those laboratories for individual tests or test series for patients, or agreeing with podiatry laboratories to accept payment from those laboratories for work referred;

    (14)  Willful misrepresentation in treatment;

    (15)  Practicing podiatry with an unlicensed podiatrist except in accordance with the rules and regulations of the board, or aiding or abetting those 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 incompetence;

    (19)  Incompetent, negligent, or willful misconduct in the practice of podiatry that includes 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 is determined by the board. See Rhode Island General Laws 5-29-16

(b)  No licensed healthcare provider, podiatrist, or limited registrant shall discharge, threaten, or otherwise discriminate against any employee, staff member, or any other person for making a report, giving testimony, or providing any other communication to the board of examiners in podiatry, a peer-review organization, or any appropriate supervisory personnel concerning the unprofessional conduct or incompetence or negligence of a podiatrist, or limited registrant; provided, that the report, testimony, or other communication was made in good faith.

History of Section.
P.L. 1988, ch. 274, § 2; P.L. 2019, ch. 308, art. 1, § 12.