Rhode Island 2025 Regular Session

Rhode Island House Bill H6036 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 6036
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7	7	LC002322
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLINICIAN WELLNESS
16	16	AND SUPPORT ACT
17	17	Introduced By: Representatives Edwards, Potter, Bennett, Kazarian, Stewart, Kislak,
18	18	Tanzi, Caldwell, Shanley, and Donovan
19	19	Date Introduced: March 07, 2025
20	20	Referred To: House Health & Human Services
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22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
25	25	amended by adding thereto the following chapter: 2
26	26	CHAPTER 104 3
27	27	THE RHODE ISLAND CLINICIAN WELLNESS AND SUPPORT ACT 4
28	28	23-104-1. Title. 5
29	29	This act shall be known and may be cited as "The Rhode Island Clinician Wellness and 6
30	30	Support Act." 7
31	31	23-104-2. Purpose. 8
32	32	The purpose of this act is to protect and promote the well-being of physicians, physician 9
33	33	assistants, dentists, podiatrists, and nurse practitioners. 10
34	34	23-104-3. Authority. 11
35	35	The director of the department of health or the director’s designee are authorized to oversee 12
36	36	compliance with the provisions of this chapter. 13
37	37	23-104-4. Definitions. 14
38	38	As used in this chapter: 15
39	39	(1) “Clinician” means a physician, physician assistant, dentist, podiatrist, or nurse 16
40	40	practitioner who seeks and/or receives support from a health program defined in this chapter. 17
41	41	(2) “Nurse practitioner health program (NPHP)" means a confidential resource program 18
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45	45	that promotes and supports the physical and mental well-being of nurse practitioners who may 1
46	46	benefit from help to address physical and/or behavioral health concerns that may be affecting their 2
47	47	personal and professional quality of life. 3
48	48	(3) “Physician health program (PHP) ”means the Rhode Island physician health program, 4
49	49	a confidential resource program established and administered by the Rhode Island Medical Society 5
50	50	to promote and support the physical and mental well-being of physicians, physician assistants, 6
51	51	dentists, and podiatrists who may benefit from help to address physical and/or behavioral health 7
52	52	concerns that may be affecting their personal and professional quality of life. 8
53	53	23-104-5. Recognition and expansion of confidential clinician wellness programs. 9
54	54	Physicians, physician assistants, podiatrists, and dentists. 10
55	55	(1) The physician health program (PHP) shall continue to be recognized as the designated 11
56	56	entity to provide confidential, non-disciplinary assistance to physicians, physician assistants, 12
57	57	dentists, and podiatrists experiencing burnout, mental health challenges, or substance use disorders. 13
58	58	(2) The PHP shall continue working with professional medical, dental, podiatric, and 14
59	59	physician assistant associations, private healthcare organizations, and insurers to support physician, 15
60	60	physician assistant, dentist, and podiatrist wellness resources without reliance on state funding. 16
61	61	(3) The PHP shall maintain its early intervention and peer support programs to help 17
62	62	clinicians seek care before health conditions impact patient safety. 18
63	63	(b) Nurse practitioners. 19
64	64	(1) A nurse practitioner health program (NPHP) shall be established to provide 20
65	65	confidential, non-disciplinary assistance to nurse practitioners experiencing burnout, mental health 21
66	66	challenges, or substance use disorders. 22
67	67	(2) The NPHP shall be administered by an organization with experience in health 23
68	68	professional wellness programs and shall operate under similar confidentiality protections as the 24
69	69	PHP. 25
70	70	(3) The NPHP shall collaborate with the board of nursing, the Rhode Island Nurses 26
71	71	Association, and private stakeholders to ensure access to wellness resources without reliance on 27
72	72	state funding. 28
73	73	23-104-6. Confidentiality protections for clinicians seeking assistance. 29
74	74	(a) Clinicians who voluntarily seek help through the PHP or NPHP shall be protected from 30
75	75	automatic reporting to their respective licensing boards, provided the clinician complies with 31
76	76	treatment recommendations and does not pose a risk to patient safety. 32
77	77	(b) Communications between clinicians and personnel of the PHP and NPHP shall be 33
78	78	confidential and privileged under Rhode Island law, similar to attorney-client and peer support 34
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82	82	protections. 1
83	83	(c) The PHP and NPHP may act as intermediaries between clinicians and the relevant 2
84	84	licensing board to ensure that clinicians can obtain care without unnecessary professional 3
85	85	repercussions. 4
86	86	23-104-7. Licensing and reporting reforms. 5
87	87	Mental health disclosure reform. 6
88	88	(1) The board of examiners in podiatry (chapter 29 of title 5), the board of examiners in 7
89	89	dentistry (chapter 31.1 of title 5), the board of nursing (chapter 34 of title 5), the board of medical 8
90	90	licensure and discipline (chapter 37 of title 5), and the board for physician assistants (chapter 54 of 9
91	91	title 5) shall revise licensing and renewal applications to: 10
92	92	(i) Eliminate broad questions regarding past mental health diagnoses. 11
93	93	(ii) Limit inquiries to current impairments affecting safe practice that are not being 12
94	94	appropriately managed. 13
95	95	(iii) Emphasize that seeking mental health or substance abuse treatment will not 14
96	96	automatically result in disciplinary action. 15
97	97	(2) The boards shall conform licensing requirements to those of the Federation of State 16
98	98	Medical Boards and national best practices to ensure that mental health questions focus on 17
99	99	functional ability and not diagnosis history. 18
100	100	23-104-8. Safe haven. 19
101	101	(a) A safe haven is established whereby a clinician who self-refers to the PHP or NPHP 20
102	102	shall be protected from mandatory reporting to the professional licensing board. 21
103	103	(b) A PHP or NPHP shall serve as a confidential liaison between the clinician and the 22
104	104	professional licensing board when the clinician: 23
105	105	(1) Is actively engaged in a PHP or NPHP; and 24
106	106	(2) Is compliant with treatment. 25
107	107	(c) Licensing boards shall not penalize clinicians solely for seeking assistance unless there 26
108	108	is an imminent risk to patient safety. 27
109	109	23-104-9. Controlling law. 28
110	110	Insofar as the provisions of this chapter are inconsistent with the provision of any other law 29
111	111	of this state, the provisions of this chapter shall be controlling. 30
112	112	SECTION 2. This act shall take effect upon passage. 31
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119	119	EXPLANATION
120	120	BY THE LEGISLATIVE COUNCIL
121	121	OF
122	122	A N A C T
123	123	RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLINICIAN WELLNESS
124	124	AND SUPPORT ACT
125	125	***
126	126	This act would require the establishment of a health program for nurse practitioners, similar 1
127	127	to that which is run by the Rhode Island Medical Society for physicians, physician assistants, 2
128	128	dentists, and podiatrists, to address burnout, substance abuse, and mental and physical health issues 3
129	129	impacting the clinician’s personal and professional life. This act would further require reforms by 4
130	130	respective licensing boards to limit inquiries regarding a clinician’s mental health diagnoses. This 5
131	131	act would create a privilege for communications between the clinician seeking support and the 6
132	132	personnel of the health program providing support services. Additionally, this act would protect 7
133	133	clinicians who seek support and adhere to their treatment plan from mandatory reporting and 8
134	134	licensing repercussions from their respective licensing board. 9
135	135	This act would take effect upon passage. 10
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137	137	LC002322
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