reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37 - Board of Medical Licensure and Discipline › Section 5-37-29. - Hospital responsibility to take action based upon adverse information received.

§ 5-37-29. Hospital responsibility to take action based upon adverse information received.
(a)
Whenever a hospital receives information from the board pursuant to § 5-37-9(3), or from another hospital pursuant to § 5-37-28, that indicates that the privileges of a physician or other healthcare professional have been suspended, revoked, or limited at another hospital, the receiving hospital shall within thirty (30) days initiate a preliminary inquiry into whether the privileges of the affected physician or other healthcare professional at the receiving hospital should be suspended, revoked, or limited, based upon a review of the exercise of privileges at the receiving hospital, unless the information received indicates that any adverse action with respect to privileges was administrative in character.
(b)
Any hospital receiving information described in subsection (a) may take any one or more of the following courses of action, in addition to any action that is required under subsection (a), any one of which discharges its responsibility under this chapter to monitor the qualifications and fitness of physicians and other healthcare professionals on its medical staff:
(1)
In any case that has been referred to the board, to await final disposition of the board, and to take any further action that is consistent with sanctions, if any, imposed by the board;
(2)
In any case in which the matter has resulted in the suspension, revocation, or restrictions of privileges at any other hospital, to adopt the factual findings of the other hospital, and to impose any suspension, revocation, or restriction in privileges as the receiving hospital deems appropriate, if any, in light of the facts; or
(3)
In any case, to conduct a formal inquiry, in accordance with applicable procedural requirements, to determine what action, if any, should be taken with respect to the privileges of the physician or other healthcare professional.
(c)
No hospital, or officer, employee, physician, or other healthcare professional associated with the hospital is liable to any physician or other healthcare professional for any action taken in accordance with subsection (a) or (b) when that action was made in good faith.
History of Section.
P.L. 1988, ch. 572, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37 - Board of Medical Licensure and Discipline › Section 5-37-30. - Closure of medical practice — Preservation of records.

§ 5-37-30. Closure of medical practice — Preservation of records.
(a)
A physician shall, at least ninety (90) days before closing his or her practice, give public notice as to the disposition of patients’ medical records in a newspaper with a statewide circulation, and shall notify the Rhode Island Medical Society and Rhode Island Board of Medical Licensure and Discipline of the location of the records. The public notice shall include the date of the physician’s retirement, and where and how patients may obtain their records both prior to and after closure of the physician’s practice.
(b)
The heirs or estate of a deceased physician who had been practicing at the time of his or her death shall, within ninety (90) days of the physician’s death, give public notice as to the disposition of patients’ medical records in a newspaper with a statewide circulation, and shall notify the Rhode Island Medical Society and Rhode Island Board of Medical Licensure and Discipline of the location of the records.
(c)
Any physician closing his or her practice, or the heirs or estate of a deceased physician who had been practicing at the time of his or her death, shall dispose of the physician’s patient records in a location and manner so that the records are maintained and accessible to patients.
(d)
Any person or corporation or other legal entity receiving medical records of any retired physician or deceased physician who had been practicing at the time of his or her death shall comply with and be subject to the provisions of chapter 37.3 of this title, the Confidentiality of Health Care Information Act, and shall be subject to the rules and regulations promulgated in accordance with § 23-1-48 and with the provisions of § 5-37-22(c) and (d), even though this person, corporation, or other legal entity is not a physician.
History of Section.
P.L. 1988, ch. 597, § 1; P.L. 1997, ch. 195, § 1; P.L. 1997, ch. 358, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37 - Board of Medical Licensure and Discipline › Section 5-37-31. - Mammograms — Quality assurance standards.

§ 5-37-31. Mammograms — Quality assurance standards.
Any licensed physician interpreting a mammogram must meet state-approved quality assurance standards for interpreting mammograms. The director of the department of health has the authority to promulgate rules and regulations necessary to carry out the provisions of this section.
History of Section.
P.L. 1989, ch. 217, § 6.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37 - Board of Medical Licensure and Discipline › Section 5-37-32. - Pap smears — Quality assurance standards.

§ 5-37-32. Pap smears — Quality assurance standards.
Any licensed physician taking a pap smear or supervising the taking of a pap smear shall submit the smear for processing only to a laboratory licensed by the Rhode Island department of health specifically to perform cervical cytology, or accredited by the American Society of Cytology, or accredited by the College of American Pathologists, or a hospital accredited by the Joint Commission for the Accreditation of Health Care Organizations, or a hospital accredited by the American Osteopathic Association.
History of Section.
P.L. 1989, ch. 217, § 13.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37 - Board of Medical Licensure and Discipline › Section 5-37-33. - Restrictive covenants.

§ 5-37-33. Restrictive covenants.
(a)
Any contract or agreement that creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a physician licensed to practice medicine pursuant to this chapter that includes any restriction of the right of such physician to practice medicine shall be void and unenforceable with respect to said restriction; provided, however, that nothing herein shall render void or unenforceable the remaining provisions of any such contract or agreement.
(b)
Restrictions rendered void under subsection (a) shall include, but shall not be limited to, the following:
(1)
The right to practice medicine in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship; and
(2)
The right of such physician to provide treatment, advise, consult with, or establish a physician/patient relationship with any current patient of the employer; and
(3)
The right of such physician to solicit or seek to establish a physician/patient relationship with any current patient of the employer.
(c)
Notwithstanding the foregoing, the prohibition on physician covenants shall not apply in connection with the purchase and sale of a physician practice, provided the restrictive covenant and/or noncompete covenant is for a period of a time of no more than five (5) years.
History of Section.
P.L. 2016, ch. 449, § 1; P.L. 2016, ch. 450, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-1. - Legislative declaration — Acupuncture and Chinese medicine.

§ 5-37.2-1. Legislative declaration — Acupuncture and Chinese medicine.
The practice of the healing art of acupuncture and Chinese medicine, and any branch of acupuncture and Chinese medicine, is declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and subject to protection and regulation by the state.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-1.1. - Board of acupuncture and Chinese medicine.

§ 5-37.2-1.1. Board of acupuncture and Chinese medicine.
(a)
The director of the department shall appoint a board of acupuncture and Chinese medicine. The board shall consist of five (5) members, all of whom shall be residents of the state, four (4) of whom shall be doctors of acupuncture and Chinese medicine licensed by the department and engaged in the practice of acupuncture and Chinese medicine in the state for at least five (5) years prior to their appointment, and there shall be one public member. The members shall be appointed for terms of three (3) years; each member may serve a maximum of two (2) consecutive, full terms. No member of the board of acupuncture and Chinese medicine shall receive compensation for his or her attendance at meetings of the board.
(b)
The director of health may remove any member from the board for neglect of any duty required by law or for any incompetency, unprofessional, or dishonorable conduct. Vacancies created by voluntary resignation or removal by the director of health shall be filled in the same manner as the original appointment was made for the remainder of the term.
History of Section.
P.L. 2016, ch. 409, § 1; P.L. 2016, ch. 410, § 1; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-7. - Powers of department.

§ 5-37.2-7. Powers of department.
For the purpose of conducting its responsibilities under this chapter, the department shall:
(1)
Engage persons of established reputation and known ability in acupuncture or Chinese medicine as consultants to the department; the Rhode Island Society of Acupuncture, and any other professional association of acupuncture or Chinese medicine are designated as appropriate bodies with which the department shall consult for referral of consultants and other assistance to the department;
(2)
Maintain an office in the state to carry out the provisions of this chapter;
(3)
Promulgate rules and regulations, or either of them, not inconsistent with the provisions of this chapter. These rules and regulations may include a code of ethics regulating the professional conduct of licensees; and
(4)
Compel the attendance of witnesses and the production of evidence by subpoena and administer oaths.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1979, ch. 395, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 1987, ch. 422, § 2; P.L. 1998, ch. 450, § 1; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-8. - [Repealed.]

§ 5-37.2-8. [Repealed.]
History of Section.
P.L. 1978, ch. 287, § 1; Repealed by P.L. 1985, ch. 181, art. 18, § 1, effective July 1, 1985.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-8.1. - License required.

§ 5-37.2-8.1. License required.
(a)
Unless licensed as a doctor of acupuncture or Chinese medicine under this chapter, or exempt from licensure under the provisions of this chapter, no person shall practice or hold himself or herself out as practicing, or engaging in the practice of, acupuncture and Chinese medicine, either for compensation or gratuitously.
(b)
This chapter shall not be construed to make unlawful the activities of persons involved in research performed under the auspices of a federal- or state-regulated research institution.
History of Section.
P.L. 1998, ch. 450, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-9. - Special licensing.

§ 5-37.2-9. Special licensing.
(a)
Upon application to the department prior to July 1, 1980, any person who has been an instructor in the art of acupuncture or Chinese medicine at a domestic or foreign college or university satisfactory to the department for a period of two (2) years and who has had at least ten (10) years’ experience, shall be granted a license by the department as a doctor of acupuncture or doctor of acupuncture and Chinese medicine without the necessity of taking an examination.
(b)
An acupuncturist, licensed and in good standing to practice acupuncture in another jurisdiction, may perform acupuncture or acupuncture and Chinese medicine while teaching or demonstrating or providing acupuncture in connection with teaching or participating in an educational seminar in Rhode Island.
(c)
An auricular acupuncture technician, qualified and trained to perform 5NP, may perform the procedure within that individual’s current scope of practice; provided, that the individual obtains a certificate of training from a recognized organization or agency that meets or exceeds NADA training.
(d)
Acudetox may be performed by auricular acupuncture technicians working in, or in collaboration with, behavioral health and healthcare agencies, or other state-approved programs or agencies.
(e)
Any complaints filed against an auricular acupuncture technician relating to the performance of any 5NP procedure shall be handled by the licensing board or department in conformance with the requirements of that individual’s healthcare license or certification.
(f)
Any individual performing 5NP shall not use the title “acupuncturist” or “doctor of acupuncture” or “doctor of acupuncture and Chinese medicine,” as defined in § 5-37.2-2, or otherwise represent himself or herself as an acupuncture professional and shall not perform acupuncture outside of the scope of the auricular acudetox procedure.
(g)
Nothing in this chapter is intended to limit, interfere with, or prevent a certified auricular acupuncture technician from practicing within the scope of their certification.
History of Section.
P.L. 1979, ch. 395, § 3; P.L. 1985, ch. 181, art. 18, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-10. - Application for licenses — Fees.

§ 5-37.2-10. Application for licenses — Fees.
An applicant for examination for a license to practice acupuncture and Chinese medicine or any branch of acupuncture and Chinese medicine shall:
(1)
Submit an application to the department on forms provided by the department;
(2)
Submit satisfactory evidence that the applicant is twenty-one (21) years or older and meets the appropriate education requirements;
(3)
Pay a fee as set forth in § 23-1-54; and
(4)
Pay any fees required by the department for an investigation of the applicant or for the services of a translator, if required, to enable the applicant to take the examination.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 2001, ch. 77, art. 14, § 13; P.L. 2007, ch. 73, art. 39, § 11; P.L. 2012, ch. 241, art. 9, § 13; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-11. - [Repealed.]

§ 5-37.2-11. [Repealed.]
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2; Repealed by P.L. 1987, ch. 442, § 3, effective July 1, 1987.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-12. - Issuance of licenses to practice acupuncture.

§ 5-37.2-12. Issuance of licenses to practice acupuncture.
The department shall issue a license for the practice of acupuncture and Chinese medicine where the applicant meets the requirements of § 5-37.2-12.1 except as exempted.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1979, ch. 395, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 1987, ch. 442, § 1; P.L. 1998, ch. 450, § 1; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-12.2. - Reciprocal licensing requirements.

§ 5-37.2-12.2. Reciprocal licensing requirements.
The health department may, at its discretion, issue a license without examination to a doctor of acupuncture or doctor of acupuncture and Chinese medicine who has been licensed, certified, or formally legally recognized as an acupuncturist in any state or territory if the following conditions are met to its satisfaction:
(1)
The applicant meets the requirements of practice in the state or territory in which the applicant is licensed, certified, or registered as an acupuncturist; and
(2)
The requirements for practice in the state or territory in which the applicant is licensed, certified, or registered as an acupuncturist are at least as stringent as those of this state.
(3)
[Deleted by P.L. 2021, ch. 62, § 2 and P.L. 2021, ch. 68, § 2.]
History of Section.
P.L. 1998, ch. 450, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-12.3. - Continuing education for acupuncture and Chinese medicine.

§ 5-37.2-12.3. Continuing education for acupuncture and Chinese medicine.
The health department shall establish, by regulation, mandatory continuing education requirements for a doctor of acupuncture and a doctor of acupuncture and Chinese medicine licensed in this state, including, but not limited to, the following:
(1)
Each person licensed under this chapter, whether or not residing within this state, shall complete forty (40) hours of continuing education within each biennial renewal period, except during the initial annual renewal period.
(2)
Continuing education hours will be accepted by the department for course work that has been presented, accepted, or approved by a nationally recognized acupuncture and Chinese medicine organization or its local chapter, or any accredited school of acupuncture and Chinese medicine.
(3)
At the time of license renewal, each licensee is required to attest to the fact of having complied with the requirements in this section. Course descriptions, proof of attendance, or other documentation of completion will be retained by the licensee for a minimum of three (3) years and is subject to random audit by the department. Failure to produce satisfactory documentation of completion upon request by the department constitutes grounds for disciplinary action under the provisions of this chapter.
(4)
Each person not obtaining the required number of hours of continuing education may have his or her license renewed for just cause, as determined by the department, so long as the department requires that the deficient hours of continuing education, and all unpaid fees, are made up during the following renewal period in addition to the current continuing education requirements for the renewal period. If any doctor of acupuncture or doctor of acupuncture and Chinese medicine fails to make up the deficient hours and complete the subsequent renewal period, or fails to make up unpaid fees, then his or her license shall not be renewed until all fees are paid and all the required hours are completed and documented to the department.
History of Section.
P.L. 1998, ch. 450, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-12.4. - Licensure of previously licensed doctors of acupuncture.

§ 5-37.2-12.4. Licensure of previously licensed doctors of acupuncture.
(a)
Any doctor of acupuncture validly licensed, certified, or registered under prior law of this state shall be deemed as licensed under the provisions of this chapter.
(b)
No doctor of acupuncture licensed under this subsection shall accept or perform professional responsibilities that the licensee knows, or has reason to know, that he or she is not qualified by training, experience, or certification to perform. Violation of this section subjects the licensee to the revocation or suspension of his or her license. The department shall make regulations on these requirements and grant previously licensed, certified, or registered acupuncturists qualification on a case-by-case basis.
History of Section.
P.L. 1998, ch. 450, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-13. - [Repealed.]

§ 5-37.2-13. [Repealed.]
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 2012, ch. 241, art. 9, § 13; Repealed by P.L. 2015, ch. 140, § 3, effective June 26, 2015; P.L. 2015, ch. 141, art. 20, § 8, effective June 30, 2015; P.L. 2015, ch. 150, § 3, effective July 2, 2015.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-14. - Recordation and display of licenses — Annual registration fee — Penalties for failure to pay fee.

§ 5-37.2-14. Recordation and display of licenses — Annual registration fee — Penalties for failure to pay fee.
(a)
Every person holding a license authorizing the person to practice acupuncture and Chinese medicine in this state shall record the person’s license with the city or town hall in the city or town where his or her office and residence are located. Every licensee upon a change of residence or office shall have his or her certificate recorded in the same manner in the municipality to which he or she has changed.
(b)
Every license shall be displayed in the office, place of business, or place of employment of the license holder.
(c)
Every person holding a license shall pay to the department, on or before February 1 of each year, the annual registration fee required pursuant to department rules and regulation. If the holder of a license fails to pay the registration fee, the holder’s license shall be suspended. The license may be reinstated by payment of the required fee within ninety (90) days after February 1.
(d)
A license that is suspended for more than three (3) months under the provisions of subsection (c) may be canceled by the board after thirty (30) days’ notice to the holder of the license.
(e)
[Deleted by P.L. 2007, ch. 73, art. 39, § 11.]
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 2001, ch. 77, art. 14, § 13; P.L. 2007, ch. 73, art. 39, § 11; P.L. 2012, ch. 241, art. 9, § 13; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 141, art. 20, § 7; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-15. - Suspension, revocation, or refusal of license — Grounds.

§ 5-37.2-15. Suspension, revocation, or refusal of license — Grounds.
The department may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
(1)
Conviction of a felony, or conviction of a violation of any state or federal law regulating the possession, distribution, or use of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of the court;
(2)
The obtaining of, or any attempt to obtain, a license, or to practice in the profession for money or any other thing of value, by fraudulent misrepresentations;
(3)
Gross malpractice;
(4)
Advertising by means of knowingly false or deceptive statement;
(5)
Advertising, practicing, or attempting to practice under a name other than one’s own;
(6)
Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in § 21-28-1.02;
(7)
Using any false, fraudulent, or forged statement or document, or engaging in any fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of this chapter;
(8)
Sustaining a physical or mental disability that renders further practice dangerous;
(9)
Engaging in any dishonorable, unethical, or unprofessional conduct that may deceive, defraud, or harm the public, or that is unbecoming a person licensed to practice under this chapter;
(10)
Using any false or fraudulent statement in connection with the practice of acupuncture or any branch of acupuncture;
(11)
Violating, or attempting to violate, or assisting or abetting the violation of, or conspiring to violate, any provision of this chapter;
(12)
Being adjudicated incompetent or insane;
(13)
Advertising in an unethical or unprofessional manner;
(14)
Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy, or treatment;
(15)
Willfully disclosing a privileged communication;
(16)
Failure of a licensee to designate his or her school of practice in the professional use of his or her name by the term “doctor of acupuncture and Chinese medicine”;
(17)
Willful violation of the law relating to the health, safety, or welfare of the public, or of the rules and regulations promulgated by the state board of health;
(18)
Administering, dispensing, or prescribing any controlled substance as defined in § 21-28-1.02, except for the prevention, alleviation, or cure of disease or for relief from suffering; and
(19)
Performing, assisting, or advising in the injection of any liquid silicone substance into the human body.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 141, art. 20, § 7; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021; P.L. 2021, ch. 400, § 10, effective July 13, 2021; P.L. 2021, ch. 401, § 10, effective July 13, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-16. - Suspension, revocation, or refusal of license — Notice and hearing.

§ 5-37.2-16. Suspension, revocation, or refusal of license — Notice and hearing.
The department shall not refuse to issue, refuse to renew, suspend, or revoke any license for any of the causes enumerated in § 5-37.2-15, unless the person accused has been given at least twenty (20) days’ notice, in writing, of the charge against him or her and a hearing by the department.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-17. - Applicability of chapter.

§ 5-37.2-17. Applicability of chapter.
This chapter does not prohibit:
(1)
Gratuitous services of druggists or other persons in cases of emergency;
(2)
The domestic administration of family remedies; or
(3)
Any person from assisting any person in the practice of the healing arts licensed under this chapter, except that this person may not insert needles into the skin.
History of Section.
P.L. 1978, ch. 287, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-18. - Reporting vital statistics.

§ 5-37.2-18. Reporting vital statistics.
Doctors of acupuncture and Chinese medicine shall observe and be subject to all state and municipal regulations relative to reporting all births and deaths in all matters pertaining to the public health.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-19. - Seminars not in accordance with department regulations prohibited — Penalty.

§ 5-37.2-19. Seminars not in accordance with department regulations prohibited — Penalty.
(a)
No seminar concerning acupuncture and Chinese medicine may be conducted in this state except in accordance with regulations prescribed by the department for bona fide educational seminars.
(b)
Any person who violates subsection (a) of this section is guilty of a misdemeanor.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-20. - Practice without a license a misdemeanor.

§ 5-37.2-20. Practice without a license a misdemeanor.
A person who represents himself or herself as a practitioner of acupuncture and Chinese medicine, or any branch of acupuncture and Chinese medicine, and who engages in the practice of acupuncture and Chinese medicine, or any branch of acupuncture and Chinese medicine, in this state without holding a valid license issued by the department is guilty of a misdemeanor.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-21. - Injunctive relief.

§ 5-37.2-21. Injunctive relief.
(a)
The department may maintain in any court of competent jurisdiction a suit for an injunction against any person or persons practicing acupuncture and Chinese medicine, or any branch of acupuncture and Chinese medicine, without a license.
(b)
This injunction:
(1)
May be issued without proof of actual damage sustained by any person, this provision being understood to be a preventive as well as a punitive measure.
(2)
Shall not relieve the person from criminal prosecution for practicing without a license.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1985, ch. 181, art. 18, § 2; P.L. 2015, ch. 140, § 2; P.L. 2015, ch. 150, § 2; P.L. 2021, ch. 62, § 2, effective June 25, 2021; P.L. 2021, ch. 68, § 2, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-22. - Physicians practicing acupuncture excepted.

§ 5-37.2-22. Physicians practicing acupuncture excepted.
This chapter shall not be construed to prohibit a physician from practicing acupuncture as authorized under § 5-37-20.
History of Section.
P.L. 1978, ch. 287, § 1; P.L. 1979, ch. 395, § 1; P.L. 1986, ch. 301, § 7.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-23. - Receipts.

§ 5-37.2-23. Receipts.
The proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited as general revenues.
History of Section.
P.L. 1989, ch. 126, art. 26, § 16; P.L. 1995, ch. 370, art. 40, § 20.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine › Section 5-37.2-24. - Meaning of terms in existing laws.

§ 5-37.2-24. Meaning of terms in existing laws.
When in any law, resolution, document, record, instrument, proceeding, or other place the words “Oriental medicine” as applied in this chapter appear, they shall be construed to mean “Chinese medicine”.
History of Section.
P.L. 2021, ch. 62, § 3, effective June 25, 2021; P.L. 2021, ch. 68, § 3, effective June 25, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-1. - Short title.

§ 5-37.3-1. Short title.
This chapter may be cited as the “Confidentiality of Health Care Information Act.”
History of Section.
P.L. 1978, ch. 297, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-2. - Statement of purpose.

§ 5-37.3-2. Statement of purpose.
The purpose of this chapter is to establish safeguards for maintaining the integrity of confidential healthcare information that relates to an individual.
History of Section.
P.L. 1978, ch. 297, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-5.1. - Diagnostic tests — Transfer and access.

§ 5-37.3-5.1. Diagnostic tests — Transfer and access.
Notwithstanding other provisions of this chapter, healthcare providers shall, upon the written request of the patient, his or her authorized representative, or treating physician, transfer a copy of diagnostic test results to any subsequent healthcare provider.
History of Section.
P.L. 1988, ch. 135, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-6.2. - Legislative or administrative proceedings.

§ 5-37.3-6.2. Legislative or administrative proceedings.
Except as provided in § 5-37.3-6(b), confidential healthcare information and confidential healthcare communications are not subject to compulsory legal process in any legislative or administrative proceedings, and a patient or his or her authorized representative has the right to refuse to disclose, and to prevent a witness from disclosing, his or her confidential healthcare information in these proceedings.
History of Section.
P.L. 1996, ch. 248, § 3; P.L. 1996, ch. 266, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-6.3. - Exceptions.

§ 5-37.3-6.3. Exceptions.
(a)
Nothing in this chapter shall be construed to interfere with the rights to confrontation and compulsory process secured to a defendant in a criminal prosecution pursuant to the state and federal constitutions.
(b)
This chapter shall not be construed to interfere with any federal laws or regulations that provide more extensive protection than provided in this chapter for the confidentiality of healthcare information.
History of Section.
P.L. 1996, ch. 248, § 3; P.L. 1996, ch. 266, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-8. - Appointment of guardian ad litem for incompetent persons.

§ 5-37.3-8. Appointment of guardian ad litem for incompetent persons.
Whenever healthcare information subject to this chapter is relevant to a criminal proceeding and the patient to whom it pertains is incompetent due to a physical or mental incapacity and has no authorized representative, the court shall appoint a guardian ad litem for the patient who shall review the information and determine whether it is in the best interest of the patient to authorize disclosure of that information.
History of Section.
P.L. 1982, ch. 356, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-9. - Penalties — Attorney’s fees for violations.

§ 5-37.3-9. Penalties — Attorney’s fees for violations.
(a) Civil Penalties.
Anyone who violates the provisions of this chapter may be held liable for actual and exemplary damages.
(b) Criminal Penalties.
Anyone who intentionally and knowingly violates the provisions of this chapter shall, upon conviction, be fined not more than one thousand dollars ($1,000), or imprisoned for not more than six (6) months, or both.
(c) Commission of Crime.
The civil and criminal penalties in this section shall also be applicable to anyone who obtains confidential healthcare information through the commission of a crime.
(d) Attorney’s Fees.
Attorney’s fees may be awarded, at the discretion of the court, to the successful party in any action under this chapter.
History of Section.
P.L. 1978, ch. 297, § 1; G.L. 1956, § 5-37.3-8; P.L. 1982, ch. 356, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-10. - Waivers void.

§ 5-37.3-10. Waivers void.
Any agreement purporting to waive the provisions of this chapter is declared to be against public policy and void.
History of Section.
P.L. 1978, ch. 297, § 1; G.L. 1956, § 5-37.3-9; P.L. 1982, ch. 356, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.3 - Confidentiality of Health Care Communications and Information Act › Section 5-37.3-11. - Severability.

§ 5-37.3-11. Severability.
If any provision of this chapter is held by a court to be invalid, that invalidity shall not affect the remaining provisions of this chapter, and to this end the provisions of this chapter are declared severable.
History of Section.
P.L. 1978, ch. 297, § 1; G.L. 1956, § 5-37.3-10; P.L. 1982, ch. 356, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.4 - Intractable Pain Treatment › Section 5-37.4-1. - Title.

§ 5-37.4-1. Title.
This chapter shall be known and may be cited as the “Intractable Pain Treatment Act.”
History of Section.
P.L. 1997, ch. 83, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.4 - Intractable Pain Treatment › Section 5-37.4-2. - Definitions.

§ 5-37.4-2. Definitions.
For purposes of this chapter:
(1)
“Chronic intractable pain” means pain that is: excruciating; constant; incurable, and of such severity that it dominates virtually every conscious moment; and/or produces mental and physical debilitation. A diagnosis and written documentation of chronic intractable pain made by a physician licensed in the state of Rhode Island specializing in pain management, oncology, or similar specialty defined in regulations shall constitute proof that the patient suffers from chronic intractable pain.
(2)
“Director” means the director of the department of health of the state of Rhode Island.
(3)
“Intractable pain” means a pain state that persists beyond the usual course of an acute disease or healing of an injury or results from a chronic disease or condition that causes continuous or intermittent pain over a period of months or years. Unless the context clearly indicates otherwise, the term intractable pain includes chronic intractable pain.
(4)
“Practitioner” means healthcare professionals licensed to distribute, dispense, or administer controlled substances in the course of professional practice as defined in § 21-28-1.02(41).
(5)
“Therapeutic purpose” means the use of controlled substances for the treatment of pain in appropriate doses as indicated by the patient’s medical record. Any other use is nontherapeutic.
History of Section.
P.L. 1997, ch. 83, § 1; P.L. 2002, ch. 46, § 1; P.L. 2005, ch. 93, § 2; P.L. 2005, ch. 104, § 2; P.L. 2006, ch. 216, § 2; P.L. 2021, ch. 37, § 1, effective June 2, 2021; P.L. 2021, ch. 38, § 1, effective June 2, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.5 - Lyme Disease Diagnosis and Treatment › Section 5-37.5-1. - Short title.

§ 5-37.5-1. Short title.
This chapter shall be known and may be cited as the “Lyme Disease Diagnosis and Treatment Act.”
History of Section.
P.L. 2002, ch. 159, § 1; P.L. 2002, ch. 160, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.5 - Lyme Disease Diagnosis and Treatment › Section 5-37.5-2. - Preamble.

§ 5-37.5-2. Preamble.
WHEREAS, The Governor’s Commission on Lyme Disease and Other Tick-Borne Diseases (the “Commission”) was formed by executive order in 2002; and
WHEREAS, The General Assembly recognizes the negative impact of Lyme disease on Rhode Islanders; and
WHEREAS, Rhode Island has the second highest number of reported Lyme disease cases as a percentage of population in the United States; and
WHEREAS, The commission and the general assembly held hearings and reviewed the medical literature to gain an understanding of the concerns of citizens and the medical community about Lyme disease diagnosis, treatment, and prevention; and
WHEREAS, Citizens of Rhode Island diagnosed with chronic Lyme disease experience great difficulty in being diagnosed and treated thereby impairing their access to medical care; and
WHEREAS, The lack of insurance coverage for diagnosis and long-term antibiotic therapies is a major barrier to access to medical care for persons with symptoms compatible with chronic Lyme disease; and
WHEREAS, Physicians whose practices are devoted to treating chronic Lyme-disease patients, and who continue to provide treatment if they feel such treatment is medically necessary, have noted significant improvement in the condition of their patients; and
WHEREAS, There is substantial evidence that considerable scientific controversy surrounds the diagnosis and treatment of Lyme disease and other tick-borne illnesses; and
WHEREAS, Laboratory tests for Lyme disease are not definitive and consensus guidelines for diagnosis and treatment of chronic Lyme disease have not been developed; and
WHEREAS, Some physicians feel threatened by insurers and licensing boards for their choices among possible therapies for their patients; and
WHEREAS, The commission and this general assembly recommend that legislation be adopted that promotes access to medical care for persons with chronic Lyme disease in Rhode Island; and
Now, therefore, it is enacted by the general assembly as follows:
History of Section.
P.L. 2002, ch. 159, § 1; P.L. 2002, ch. 160, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.5 - Lyme Disease Diagnosis and Treatment › Section 5-37.5-3. - Definitions.

§ 5-37.5-3. Definitions.
For purposes of the chapter:
(1)
“Board” means the Rhode Island board of medical licensure and discipline.
(2)
“Long-term antibiotic therapy” means administration of oral, intramuscular, or intravenous antibiotics, singly or in combination, for periods of greater than four (4) weeks.
(3)
“Lyme disease” means the clinical diagnosis by a physician of the presence in a patient of signs and symptoms compatible with acute infection with Borrelia burgdorferi, or with late-stage or chronic infection with Borrelia burgdorferi, or with complications related to such an infection. “Lyme disease” includes infection that meets the surveillance criteria set forth by the U.S. Centers for Disease Control and Prevention (CDC), but also includes other acute and chronic manifestations of such an infection as determined by the physician.
(4)
“Physician” means persons licensed pursuant to chapter 37 of this title by the board.
(5)
“Therapeutic purpose” means the use of antibiotics to control a patient’s symptoms determined by the physician as reasonably related to Lyme disease and its sequelae.
History of Section.
P.L. 2002, ch. 159, § 1; P.L. 2002, ch. 160, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.5 - Lyme Disease Diagnosis and Treatment › Section 5-37.5-4. - Long-term antibiotic treatment.

§ 5-37.5-4. Long-term antibiotic treatment.
(a)
A physician may prescribe, administer, or dispense antibiotic therapy for therapeutic purpose to a person diagnosed with and having symptoms of Lyme disease if this diagnosis and treatment plan has been documented in the physician’s medical record for that patient. No physician is subject to disciplinary action by the board solely for prescribing, administering, or dispensing long-term antibiotic therapy for a therapeutic purpose for a patient clinically diagnosed with Lyme disease, if this diagnosis and treatment plan has been documented in the physician’s medical record for that patient.
(b)
Nothing in this section shall deny the right of the board to deny, revoke, or suspend the license of any physician or discipline any physician who prescribes, administers, or dispenses long-term antibiotic therapy for a nontherapeutic purpose, or who fails to monitor the ongoing care of a patient receiving long-term antibiotic therapy, or who fails to keep complete and accurate ongoing records of the diagnosis and treatment of a patient receiving long-term antibiotic therapy.
History of Section.
P.L. 2002, ch. 159, § 1; P.L. 2002, ch. 160, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.5 - Lyme Disease Diagnosis and Treatment › Section 5-37.5-5. - Mandatory coverage for certain Lyme disease treatments.

§ 5-37.5-5. Mandatory coverage for certain Lyme disease treatments.
Every individual or group hospital or medical-expense insurance policy or individual or group hospital or medical-services plan contract delivered, issued for delivery, or renewed in this state on or after January 1, 2004, shall provide for Lyme disease treatment as provided in chapters 18, 19, 20, and 41 of title 27.
History of Section.
P.L. 2003, ch. 113, § 2; P.L. 2003, ch. 114, § 2; P.L. 2004, ch. 34, § 1; P.L. 2004, ch. 35, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.5 - Lyme Disease Diagnosis and Treatment › Section 5-37.5-6. - Lyme disease testing information disclosure.

§ 5-37.5-6. Lyme disease testing information disclosure.
(a)
Every physician, or his/her in-office designee, who orders a laboratory test for the presence of Lyme disease shall provide to the patient or his/her legal representative the following information:
“ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AS OF 2011 LYME DISEASE IS THE SIXTH FASTEST GROWING DISEASE IN THE UNITED STATES.
YOUR HEALTHCARE PROVIDER HAS ORDERED A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING FOR LYME DISEASE CAN BE PROBLEMATIC AND STANDARD LABORATORY TESTS OFTEN RESULT IN FALSE NEGATIVE RESULTS, AND IF DONE TOO EARLY, YOU MAY NOT HAVE PRODUCED ENOUGH ANTIBODIES TO BE CONSIDERED POSITIVE BECAUSE YOUR IMMUNE RESPONSE REQUIRES TIME TO DEVELOP ANTIBODIES. IF YOU ARE TESTED FOR LYME DISEASE AND THE RESULTS ARE NEGATIVE THIS DOES NOT NECESSARILY MEAN YOU DO NOT HAVE LYME DISEASE. IF YOU CONTINUE TO EXPERIENCE SYMPTOMS, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER AND INQUIRE ABOUT THE APPROPRIATENESS OF RETESTING OR ADDITIONAL TREATMENT.”
(b)
Physicians shall be immune from civil liability for the provision of the written information required by this section absent gross negligence or willful misconduct.
History of Section.
P.L. 2014, ch. 495, § 1; P.L. 2014, ch. 508, § 1.