§ 23-74-4 - Prohibited conduct.

SECTION 23-74-4

   § 23-74-4  Prohibited conduct. – The director may impose disciplinary action as described in this chapteragainst any unlicensed health care practitioner. The following conduct isprohibited and is grounds for disciplinary action:

   (1) Conviction of a crime, including a finding or verdict ofguilt, and admission of guilt, or a no contest plea, in any court in RhodeIsland or any other jurisdiction in the United States, reasonably related toengaging in health care practices. Conviction, as used in this subdivision,includes a conviction of an offense which, if committed in this state, would bedeemed a felony or misdemeanor, without regard to its designation elsewhere, ora criminal proceeding where a finding or verdict of guilty is made or returned,but the adjudication of guilt is either withheld or not entered.

   (2) Engaging in sexual contact with an unlicensed health careclient, engaging in contact that may be reasonably interpreted by a client assexual or engaging in sexual exploitation of a client.

   (3) Advertising that is false, fraudulent, deceptive, ormisleading.

   (4) Conduct likely to deceive, defraud, or harm the public ordemonstrating a willful or careless disregard for the health or safety of anunlicensed health care client in which case, proof of actual injury need not beestablished.

   (5) Adjudication as mentally incompetent or as a person whois dangerous to self or adjudicated as any of the following: chemicallydependent, mentally ill, mentally retarded, mentally ill and dangerous to thepublic, or as a sexual psychopathic personality or sexually dangerous person.

   (6) Inability to engage in unlicensed health care practiceswith reasonable safety to unlicensed health care clients.

   (7) Dependence upon controlled substances, habitualdrunkenness or engaging in unlicensed health care practices while intoxicatedor incapacitated by the use of drugs.

   (8) Revealing a communication from, or relating to, anunlicensed health care client except when otherwise required or permitted bylaw.

   (9) Failure to comply with an unlicensed health care client'srequest to furnish a unlicensed health care client record or report required bylaw.

   (10) Splitting fees or promising to pay a portion of a fee toany other professional other than for services rendered by the otherprofessional to the unlicensed health care client.

   (11) Engaging in abusive or fraudulent billing practices,including violations of the federal Medicare and Medicaid laws or state medicalassistance laws.

   (12) Obtaining money, property, or services from anunlicensed health care client, other than reasonable fees for services providedto the client, through the use of undue influence, harassment, duress,deception, or fraud.

   (13) Failure to provide an unlicensed health care client witha copy of the client bill of rights or violation of any provision of the clientbill of rights.

   (14) Violating any order issued by the director.

   (15) Failure to comply with any provision of any rulesadopted by the director.

   (16) Failure to comply with any additional disciplinarygrounds established by the director by rule.

   (17) Revocation, suspension, restriction, limitation, orother disciplinary action against any health care license, certificate,registration, or right to practice of the unlicensed health care practitionerin this or another state or jurisdiction for offenses that would be subject todisciplinary action in this state or failure to report to the department thatcharges regarding the practitioner's license, certificate, registration, orright of practice have been brought in this or another state or jurisdiction.

   (18) False or misleading use of the title "doctor," "Dr.","physician" alone or in combination with any other words, letters, or insigniato describe the unlicensed health care practices the practitioner provides.