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Patient Safety in Rhode Island

Patient Safety

Rhode Island protects the safety of patients by:

  • Requiring corporations, health care facilities, government agencies, peer review boards and others to report unprofessional conduct by physicians1 and physician assistants.2
  • Allowing licensed health care facilities to obtain information from other facilities regarding the revocation of a physician assistant’s privileges.3
  • Requiring the Rhode Island board of medical licensure and discipline to maintain confidential files regarding malpractice by physicians4 and physician assistants.5
  • Requiring the Rhode Island board of medical licensure and discipline to publish physician profiles that include their disciplinary and malpractice history.6
  • Requiring hospitals to report adverse events to the department of health.7
  • Requiring employees of licensed health care facilities to report patient handling assignments that they believe pose an unacceptable risk of injury to the patient and/or employees.8
  • Requiring Health care professionals, specified public servants, social workers, and other professionals have a duty to report suspected patient abuse or neglect to the department of health within 24 hours of forming their suspicion.9  Health care facilities that receive reports from persons “other than a physician or a certified registered nurse practitioner or physician assistant” regarding the abuse or neglect of a patient must have the patient examined by a licensed health care professional and subsequently report the results of the exam.10 Failure to report patient abuse or neglect may result in fines and/or imprisonment.11 The departments of health and behavioral healthcare, developmental disabilities and hospitals12 must investigate abuse and neglect reports.13
  • Requiring, in specified circumstances, mental health professionals to report sexual contact between their patient and another mental health professional.14
  • Establishing the Long-Term Care Ombusdsperson program within the department of elderly affairs.15 The ombudsperson will act on behalf of long-term care facility residents and advocate for their interests.16 Long-term care ombudsperson files are confidential.17
  • Requiring persons to immediately report their reasonable belief that an individual aged 60 or older is the victim or abuse or neglect to the department of elderly affairs.18 Abuse and neglect record held by the department of elderly affairs or any other Rhode Island agency are confidential.19
  • Requiring hospitals, nursing facilities, and ambulatory surgical centers to submit patient safety information to Patient Safety Organizations (PSOs).20 Information obtained by PSOs is confidential, privileged, and immune from discovery.21

 

Footnotes

  • 1. Gen.Laws 1956, § 5-37-9.
  • 2. Gen.Laws 1956, § 5-54-23.
  • 3. Gen.Laws 1956, § 5-54-25.
  • 4. Gen.Laws 1956, § 5-37-9.1.
  • 5. Gen.Laws 1956, § 5-54-24.
  • 6. Gen.Laws 1956, § 5-37-9.2.
  • 7. Gen.Laws 1956, § 23-17-40.
  • 8. Gen.Laws 1956, § 23-17-59.
  • 9. Gen.Laws 1956, § 23-17.8-2.
  • 10. Gen.Laws 1956, § 23-17.8-3.1.
  • 11. Gen.Laws 1956, § 23-17.8-3.
  • 12. Previously named “the department of mental health, retardation, and hospitals.”
  • 13. Gen.Laws 1956, § 23-17.8-9.
  • 14. Gen.Laws 1956, § 5-63.1-2.
  • 15. Gen.Laws 1956, § 42-66.7-2.
  • 16. Gen.Laws 1956, § 42-66.7-4; Gen.Laws 1956, § 42-66.7-5; Gen.Laws 1956, § 42-66.7-7.
  • 17. Gen.Laws 1956, § 42-66.7-6.
  • 18. Gen.Laws 1956, § 42-66-8.
  • 19. Gen.Laws 1956, § 42-66-10.
  • 20. Gen.Laws 1956, § 23-17.21-6.
  • 21. Gen.Laws 1956, § 23-17.21-7; Gen.Laws 1956, § 23-17.21-8.

 

Patient Safety in Rhode Island

Subtopic Statute/Regulation Description
Patient Safety Abuse, neglect, exploitation and self-neglect of elderly persons – Duty to report - R.I. Gen. Laws Ann. § 42-66-8 Rhode Island requires persons to immediately report their reasonable belief that an individual aged 60 or older is the victim or abuse or neglect to...
Access to records, facility, resident - R.I. Gen. Laws Ann. § 42-66.7-7 During an investigation, the long-term care ombudsperson must: (1) make inquiries and obtain information as necessary; (2) “have access to...
Communication of information among health care facilities - R.I. Gen. Laws Ann. § 5-54-25 Licensed health care facilities may obtain information from other facilities regarding the revocation of a physician assistant’s privileges....
Confidentiality - R.I. Gen. Laws Ann. § 42-66.7-6 Long-term care ombudsperson files are confidential and may only be disclosed upon the written consent of the affected resident, their representative...
Confidentiality of records - R.I. Gen. Laws Ann. § 42-66-10 Abuse and neglect record held by the department of elderly affairs or any other Rhode Island agency are confidential and are not considered public...
Duties of the directors of the department of health and the department of mental health, retardation, and hospitals - R.I. Gen. Laws Ann. § 23-17.8-9 The directors of the departments of health and behavioral healthcare, developmental disabilities and hospitals1 must (1) notify the attorney general...
Duty to report - R.I. Gen. Laws Ann. § 23-17.8-2 Health care professionals, specified public servants, social workers, and other professionals have a duty to report suspected patient abuse or...
Hospital events reporting - R.I. Gen. Laws Ann. § 23-17-40 Hospitals must report specified adverse events to the department of health within 24 hours of the event or within 24 hours of receiving information...
Long-term care ombudsperson - R.I. Gen. Laws Ann. § 42-66.7-4 The department of elderly affairs must appoint a long-term care ombudsperson who will act on behalf of long-term care facility residents and advocate...
Penalty-Failure to report - R.I. Gen. Laws Ann. § 23-17.8-3 Persons that fail to fulfill their duty to report the suspected abuse or neglect of health care facility patients are guilty of a misdemeanor...
Physician profiles – Public access to data - R.I. Gen. Laws Ann. § 5-37.9-2 The Rhode Island board of medical licensure and discipline (“board”) must publish profiles for each licensed physician as a means of...
Physician's, certified registered nurse practitioner's and physician assistant's report of examination – Duty of facility - R.I. Gen. Laws Ann. § 23-17.8-3.1 Health care facilities that receive reports from persons “other than a physician or a certified registered nurse practitioner or physician...
Powers and duties - R.I. Gen. Laws Ann. § 42-66.7-5 The powers and duties of the long-term care ombudsperson include: (1) identifying, investigating, and resolving patient complaints; (2) receiving...
Privilege and confidentiality protections - R.I. Gen. Laws Ann. § 23-17.21-8 “Patient safety work product” and the corresponding document log are confidential and privileged and thus (1) not subject to discovery or...
Program established - R.I. Gen. Laws Ann. § 42-66.7-2 Rhode Island establishes a Long-Term Care Ombusdsperson program within the department of elderly affairs.  
Reports of sexual contact - R.I. Gen. Laws Ann. § 5-63.1-2 A mental health professional that reasonably suspects that one of their patients “is a victim of sexual contact” by another mental health...
Reports relating to professional conduct and capacity – Regulations – Confidentiality – Immunity - R.I. Gen. Laws Ann. § 5-54-23 The Board of Licensure of Physician Assistants (“board”) must establish regulations that require various health care professionals,...
Reports relating to professional conduct and capacity- Regulations- Confidentiality- Immunity - R.I. Gen. Laws Ann. § 5-37-9 The Rhode Island board of medical licensure and discipline (“board”) may establish regulations that require various health care...
Requirements for patient safety organizations - R.I. Gen. Laws Ann. § 23-17.21-7 Every Patient Safety Organization (PSO) must obtain certification by the department of health before contracting with a “reporting entity...
Requirements for reporting entities - R.I. Gen. Laws Ann. § 23-17.21-6 “Reporting entities,” defined as hospitals, nursing facilities, and ambulatory surgical centers, may enter into contracts with Patient...
Requirements relating to professional conduct - R.I. Gen. Laws Ann. § 5-37-9.1 The Rhode Island board of medical licensure and discipline (“board”) must maintain confidential files on physicians that contain the...
Requirements relating to professional conduct - R.I. Gen. Laws Ann. § 5-54-24 The Board of Licensure of Physician Assistants (board) must maintain files regarding physician assistant malpractice suits, results of malpractice...
Safe patient handling - R.I. Gen. Laws Ann. § 23-17-59 Licensed health care facilities must (1) create a “safe patient handling committee;” (2) develop a “written safe patient handling...