§ 23-17-53. Physician contracts.
(a) A hospital, by contract or otherwise, may not refuse or fail to grant or renew medical
staff membership or staff privileges, or condition or otherwise limit or restrict
medical staff membership or staff privileges, based in whole or in part on the fact
that the physician or a partner, associate, or employee of the physician is providing
medical or healthcare services at a different hospital, hospital system, or on behalf
of a health plan. Notwithstanding the previous sentence, a hospital may condition
or otherwise limit or restrict staff privileges for reasons related to the availability
of limited resources as determined in advance by the hospital's governing body. Nor
shall a hospital by contract, or otherwise, limit a physician's participation or staff
privileges or the participation or staff privileges of a partner, associate, or employee
of the physician at a different hospital, hospital system, or health plan.
(b) This section does not prevent a hospital from entering into contracts with physicians
to ensure physician availability and coverage at the hospital or to comply with regulatory
requirements or quality of care standards established by the governing body of the
hospital, if contracts, requirements or standards do not require that a physician
join, participate in, or contract with a physician-hospital organization or similar
organization as a condition of the grant or continuation of medical staff membership
or staff privileges at the hospital.
(c) This section does not prevent the governing body of a hospital from limiting the number
of physicians granted medical staff membership or privileges at the hospital based
on a medical staff development plan that is unrelated to a physician or a partner,
associate, or employee of a physician having medical staff membership or privileges
at another hospital or hospital system.
(d) A contract provision that violates this section shall be void and of no force and
effect.
(e) Hospitals shall allow patients of their medical staff to be evaluated and educated
by the various appropriate departments of the hospital upon referral by their treating
physician, regardless of the physician affiliation, as long as the physician has unrestricted
privileges in their field of practice.
(f) A hospital may not take any adverse action, including, but not limited to, refusing
or failing to grant or renew medical staff membership or staff privileges, or condition
or otherwise limit or restrict medical staff membership or staff privileges, based
on a result of an adverse action against a healthcare provider's license or clinical
privileges or other disciplinary action by another state or healthcare institution
that resulted from the healthcare provider's engagement in legally protected healthcare
activity, as defined in §â€‰23-101-2, or aiding and assisting with legally protected healthcare activity, as defined in
§â€‰23-101-2, if the adverse action was based solely on a violation of the other state's law prohibiting
such legally protected healthcare activity and related services, if that legally protected
healthcare activity is consistent with the applicable professional standard of care
and/or did not violate Rhode Island law.
Notes
Severability.
P.L. 2024, ch. 260, § 9, and P.L. 2024, ch. 261, § 9 provide: "If any provision of this act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this act, which can be given effect without the invalid provision
or application, and to this end the provisions of this act are declared to be severable.�