§ 5-37-5.1 - Unprofessional conduct.
SECTION 5-37-5.1
§ 5-37-5.1 Unprofessional conduct. –The term "unprofessional conduct" as used in this chapter includes, but is notlimited to, the following items or any combination of these items and may befurther defined by regulations established by the board with the prior approvalof the director:
(1) Fraudulent or deceptive procuring or use of a license orlimited registration;
(2) All advertising of medical business, which is intended orhas a tendency to deceive the public;
(3) Conviction of a crime involving moral turpitude;conviction of a felony; conviction of a crime arising out of the practice ofmedicine;
(4) Abandoning a patient;
(5) Dependence upon controlled substances, habitualdrunkenness, or rendering professional services to a patient while thephysician or limited registrant is intoxicated or incapacitated by the use ofdrugs;
(6) Promotion by a physician or limited registrant of thesale of drugs, devices, appliances, or goods or services provided for a patientin a manner as to exploit the patient for the financial gain of the physicianor limited registrant;
(7) Immoral conduct of a physician or limited registrant inthe practice of medicine;
(8) Willfully making and filing false reports or records inthe practice of medicine;
(9) Willfully omitting to file or record, or willfullyimpeding or obstructing a filing or recording, or inducing another person toomit to file or record, medical or other reports as required by law;
(10) Failing to furnish details of a patient's medical recordto succeeding physicians, health care facility, or other health care providersupon proper request pursuant to § 5-37.3-4;
(11) Soliciting professional patronage by agents or personsor profiting from acts of those representing themselves to be agents of thelicensed physician or limited registrants;
(12) Dividing fees or agreeing to split or divide the feesreceived for professional services for any person for bringing to or referringa patient;
(13) Agreeing with clinical or bioanalytical laboratories toaccept payments from these laboratories for individual tests or test series forpatients;
(14) Making willful misrepresentations in treatments;
(15) Practicing medicine with an unlicensed physician exceptin an accredited preceptorship or residency training program, or aiding orabetting unlicensed persons in the practice of medicine;
(16) Gross and willful overcharging for professionalservices; including filing of false statements for collection of fees for whichservices are not rendered, or willfully making or assisting in making a falseclaim or deceptive claim or misrepresenting a material fact for use indetermining rights to health care or other benefits;
(17) Offering, undertaking, or agreeing to cure or treatdisease by a secret method, procedure, treatment or medicine;
(18) Professional or mental incompetency;
(19) Incompetent, negligent, or willful misconduct in thepractice of medicine which includes the rendering of medically unnecessaryservices, and any departure from, or the failure to conform to, the minimalstandards of acceptable and prevailing medical practice in his or her area ofexpertise as is determined by the board. The board does not need to establishactual injury to the patient in order to adjudge a physician or limitedregistrant guilty of the unacceptable medical practice in this subdivision;
(20) Failing to comply with the provisions of chapter 4.7 oftitle 23;
(21) Surrender, revocation, suspension, limitation ofprivilege based on quality of care provided, or any other disciplinary actionagainst a license or authorization to practice medicine in another state orjurisdiction; or surrender, revocation, suspension, or any other disciplinaryaction relating to a membership on any medical staff or in any medical orprofessional association or society while under disciplinary investigation byany of those authorities or bodies for acts or conduct similar to acts orconduct which would constitute grounds for action as described in this chapter;
(22) Multiple adverse judgments, settlements or awardsarising from medical liability claims related to acts or conduct which wouldconstitute grounds for action as described in this chapter;
(23) Failing to furnish the board, its chief administrativeofficer, investigator or representatives, information legally requested by theboard;
(24) Violating any provision or provisions of this chapter orthe rules and regulations of the board or any rules or regulations promulgatedby the director or of an action, stipulation, or agreement of the board;
(25) Cheating on or attempting to subvert the licensingexamination;
(26) Violating any state or federal law or regulationrelating to controlled substances;
(27) Failing to maintain standards established by peer reviewboards, including, but not limited to, standards related to proper utilizationof services, use of nonaccepted procedure, and/or quality of care;
(28) A pattern of medical malpractice, or willful or grossmalpractice on a particular occasion;
(29) Agreeing to treat a beneficiary of health insuranceunder title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq.,"Medicare Act", and then charging or collecting from this beneficiary anyamount in excess of the amount or amounts permitted pursuant to the MedicareAct; or
(30) Sexual contact between a physician and patient duringthe existence of the physician/patient relationship.