Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 40 - Professional licensing and facility regulation
Subchapter 05 - Professional Licensing
Part 1 - Licensure and Discipline of Physicians (216-RICR-40-05-1)
Section 216-RICR-40-05-1.5 - Application for License && Fees

1. The applicant must submit a self-query of the National Practitioner Data Bank.

2. Each license application, except from an applicant who qualifies for a license by endorsement pursuant to § 1.4.3(A) of this Part, must also include a completed Federation Credentials Verification Form (FCVS) from the Federation of State Medical Boards of the United States, Inc.

3. A statement from the Board of Examiners in Allopathic or Osteopathic Medicine in each State in which the applicant has held or holds licensure to be submitted to the Board of this state attesting the licensure status of the applicant during the time period applicant held licensure in said State;

4. The application examination fee, as set forth in Part 10-05-2 of this Title, Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health;

5. Such other information as may be deemed necessary and appropriate by the Board.

1. Documentation of appropriate continuing medical education;

2. Evidence of maintenance of certification from an American Board of Medical Specialty or American Osteopathic Association Board;

3. An evaluation of clinical competency by a Board approved organization, such as the Center for Personalized Education for Physicians (CPEP). The applicant is responsible to report the results of an evaluation from a Board approved organization and follow the recommendations for ongoing competence; and

4. Successfully passing a Board approved exam.

1. An evaluation of clinical competency by a Board approved organization, such as the Center for Personalized Education for Physicians (CPEP). The applicant is responsible to report the results of an evaluation from a Board approved organization and follow the recommendations for ongoing competence; and

2. Successfully passing a Board approved exam.

1. Being eighteen (18) years of age or older;

2. Good moral character;

3. Successful graduation and completion of no less than two (2) years of study in a medical school accredited by the LCME or COCA and having power to grant degrees in medicine or osteopathic medicine;

4. Appointment as an intern, resident or fellow in an accredited training program pursuant to § 1.3.4(A) of this Part; and

5. The application fee, as set forth in Part 10-05-2 of this Title, Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health;

6. Such other information as may be deemed necessary by the Board.

1. The Administrator/Chief Executive Officer of the hospital, clinic, or other institution that has granted the appointment as an intern, resident or fellow; and

2. The program director attesting to the provisions of § 1.5.2(A)(3) of this Part.

1. This requirement may be waived at the discretion of the Board for candidates approved by the Board who are participating in a short-term [less than six (6) month duration] postgraduate experience as part of a formal program administered by the director of an ACGME or AOA accredited residency or fellowship.

1. For U.S. citizens: a certified copy of birth certificate; or

2. For foreign medical physicians: if a certified copy of birth certificate cannot be obtained, immigration papers or resident alien card or such other birth verifying papers acceptable to the Board;

3. One (1) recent photograph of the applicant, head and shoulder front view approximately two inches by three inches (2" x 3") in size;

4. A statement from the board of examiners in medicine in each State in which the applicant holds or has held a license confirming the applicant to be or have been in good standing. Such statement shall be submitted to the Board;

5. A certified copy of medical diploma;

6. A complete curriculum vitae;

7. A written statement from the dean of the medical school attesting that an offer has been made to the individual for a full-time senior level academic appointment, including the recommendation that the applicant is a person of professional rank (i.e., associate or full professor) whose knowledge and special training will benefit the medical school; and

8. The application fee, as set forth in Part 10-05-2 of this Title, Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health.

1. The National Board of Allopathic or Osteopathic Medical Examination (NBME) or (NBOME); or

2. The United States Medical Licensing Examination (USMLE);

3. The Comprehensive Osteopathic Medical Licensing Examination of the United States (COMLEX-USA)

4. The Licentiate Medical Council of Canada (LMCC);

5. Or any combination of examinations acceptable to the Board and as recommended by the United States Medical Licensing Examination;

6. The passing score for each section of the above examinations must be seventy-five (75) or more (The Board does not accept averaging of the separate components.)

7. Applicants for licensure in Rhode Island must pass each section of the required examination by the third (3rd) attempt. In the event of a third (3rd) failure, opportunity for re-examination(s) shall be subject to the applicant's completion of additional requirements as recommended by the Board on a case by case basis.

1. A physician's participation in an American Board of Medical Specialty's (ABMS) Maintenance of Certification program will be considered equivalent to meeting CME requirement.

2. A physician's participation in the AOA's Osteopathic Continuous Certification (OCC) program will be considered equivalent to meeting CME requirement.

1. Those documents must be safeguarded, for a period of three (3) years, by the physician for review by the Board if required. Only a summary list of those documents, not the documents themselves, shall be submitted with the application for renewal of the certification.

1. Specialty board certification;

2. Number of years in practice in any State;

3. Name(s) of the hospital(s) where the physician has privileges in any State, and

4. The location of the physician's primary practice setting.

1. Physicians shall not engage in a romantic or sexual relationship with a current patient.

2. Psychiatrists shall not engage in a romantic or sexual relationship with a current or former patient ever.

1. Infection Prevention. The Board accepts the CDC's "Guide to Infection Prevention for Outpatient Settings: Minimum Expectations for Safe Care" (September 2016) incorporated by reference at § 1.1.2 of this Part, and any successor documents, as the prevailing standard of care regarding infection prevention.

2. Telemedicine. Treatment and consultation recommendations made in an online setting, including issuing a prescription via electronic means, will be held to the same standards of appropriate practice as those in face-to-face settings. Therefore, consistent with the definition of telemedicine, provided in § 1.2(A)(25) of this Part, treatment, including issuing a prescription, based solely on an online questionnaire without an appropriate evaluation does not constitute an acceptable standard of care and is considered unprofessional conduct. Asynchronous evaluation of a patient, without contemporaneous real-time, interactive exchange between the physician and patient, is not appropriate.

1. The Board is authorized to issue monetary fines, in addition to other sanctions.

2. The Board will not issue a fine based on the first count or charge, and will not issue a fine that exceeds one thousand dollars ($1,000.00) for the second (2nd) count or charge, and will not issue a fine for subsequent counts or charges that exceeds five thousand dollars ($5,000.00) per count or charge.

3. The Board will consider various factors, yet is not limited to these factors, when assessing fines, such as;

1. At least ninety (90) days before voluntary closure of his or her practice, the physician shall send notice to the last known address (mail and/or email) of each patient seen within two (2) years of the actual or expected date of closure, which notice must include, at minimum, the actual or expected date of closure and instructions for obtaining patient medical records before and after closure.

1. Reimbursement to the physician for responding to a patient a copy of their medical record, regardless of format, shall be consistent with Federal law specifically 45 C.F.R. § 164.524.

2. Physicians are prohibited from charging patients who requests their own records a retrieval or certifying fee for duplicating medical records.

3. The physician may not require prior payment of charges for medical services as a condition for obtaining a copy of the medical record. The physician may not require prepayment of charges for duplicating or retrieving records as a condition prior to fulfilling the patient's request for the medical record if the request is for the purpose of continuity of care. Copying of X-rays or other documents not reproducible by photocopy shall be at the physician's actual cost plus reasonable fees for clerical service not to exceed twenty-five dollars ($25.00). Charges shall not be made if the record is requested for immunization records required for school admission or by the applicant or beneficiary or individual representing an applicant or beneficiary for the purposes of supporting a claim or appeal under the provision of the Social Security Act or any Federal or State needs-based program such as Medical Assistance, RIte Care, Temporary Disability Insurance and Unemployment compensation.

4. No fees shall be charged to an applicant for benefits in connection with a Civil Court Certification Proceeding or a claim under the Worker's Compensation Act, R.I. Gen. Laws § 28-29-38 as reflected in R.I. Gen. Laws § 23-17-19.1(16).

5. Requested records must be provided within thirty (30) days of the receipt of the written request or signed authorization for records. Requests for medical records made by authorized third (3rd) parties (e.g., attorneys representing the patient, attorneys not representing the patient, a patient's estate on behalf of the patient, or insurance companies) submitting a properly executed Authorization for Release of Information shall be billed at not more than two dollars and fifty cents ($2.50) per page for the first ten (10) pages, then seventy-five cents ($0.75) per page for the next fifty (50) pages, then fifty cents ($0.50) per page. An additional charge to reflect actual cost of postage is permissible.

6. Should instances arise relating to the retrieval and copying of medical records which are not specifically covered by this Part, a fee structure consistent with that described above shall apply.

7. No fees shall be charged when a medical record is being sent from one (1) provider to the next in the context of a consultation.

8. When a patient requests in writing that his or her medical records be transferred to another physician, the original physician shall promptly honor such request. The physician shall be reimbursed for reasonable expenses (as defined in § 1.5.12(B) of this Part) incurred in connection with copying such medical records.

1. A physician who practices medical acupuncture as a therapy shall provide full written disclosure to his/her patient receiving medical acupuncture that the physician's qualifications to practice medical acupuncture are not equivalent to those of doctors of acupuncture licensed in accordance with R.I. Gen. Laws Chapter 5-37.2. Further, a physician integrating medical acupuncture into his/her medical practice shall disclose to the patient the type of pathway (i.e., pain management, primary care) in which the physician was trained.

1. All collaborative practice agreements must be approved by the Board of Pharmacy ("BOP"), the Board of Medical Licensure and Discipline ("BMLD"), and the Director, each of which may request revisions to any proposed collaborative practice agreement as a condition of approval. Each proposed collaborative practice agreement must first be submitted to the BOP. Upon BOP approval, the collaborative practice agreement will be forwarded to the BMLD. Upon BMLD approval, the collaborative practice agreement will be forwarded to the Director for approval.

1. Purpose of the agreement;

2. Citation of the authority to establish the agreement;

3. Identification and signatures of all parties to the agreement, as well as date of signature;

4. Site and settings where the collaborative practice is to take place;

5. Authorization of specific patient care functions;

6. Scope of conditions or diseases to be managed;

A description of the types of diseases and/or conditions, medication categories involved, and medication therapies management;

7. Training and education requirements of all parties, as agreed upon by the signing parties and not inconsistent with any applicable training and education requirements for professional licensure;

8. An attestation form that all parties have professional liability insurance; All parties shall have professional liability insurance during the term of the agreement. Proof of liability insurance must be available to the Department upon request.

9. Communication requirements between parties; Care provided to the patient by the pharmacist will be in coordination with the provider.

10. Cross coverage and continuity of care plan;

In the event either party is unable to continue the agreement, an appropriate qualified provider must be available for consultation during business hours.

11. Provisions for review and revisions to the collaborative practice agreement;

12. Provisions relative to signatory withdrawal from the agreement;