§ 5-37-7. Appeal from the decision of the director.
(a) Any person whose license or limited registration to practice medicine has been revoked or suspended by the director or board, or is aggrieved by the decision of the board and/or director, has the right of judicial review of the decision of the board and director. This review shall be initiated by serving on the director a notice of appeal and filing such notice of appeal with a complaint in accordance with the rules of civil procedure in the superior court within thirty (30) days after the decision of the director.
(b) The director shall, within twenty (20) days after the service of the notice of appeal, transmit to the clerk of the superior court to which the appeal is taken, a transcript of the record of the board certified under the seal of the board, together with a certified copy of the board’s written findings, all of which shall be admissible as evidence.
(c) The findings of the board and/or director shall be final and conclusive, subject to review in the superior court pursuant to the administrative procedures act, chapter 35 of title 42. Any appeal taken to the superior court shall have precedence on the calendar, be considered an emergency matter, and shall be heard in any event not later than thirty (30) days from the date of appeal when practicable. There shall be no stay pending the appeal of any sanction imposed by the director unless it is determined that the matter cannot be placed on the court’s docket within the specified time. Except as provided in this chapter, appeals follow the procedures established in the administrative procedures act in chapter 35 of title 42.
History of Section.G.L. 1896, ch. 165, § 5; P.L. 1901, ch. 926, § 2; C.P.A. 1905, § 1226; G.L. 1909, ch. 193, § 5; G.L. 1923, ch. 159, § 5; P.L. 1927, ch. 1029, § 2; G.L. 1938, ch. 275, § 5; P.L. 1945, ch. 1638, § 1; impl. am. P.L. 1949, ch. 2228, § 1; G.L. 1956, § 5-37-7; P.L. 1986, ch. 301, § 5.
Structure Rhode Island General Laws
Title 5 - Businesses and Professions
Chapter 5-37 - Board of Medical Licensure and Discipline
Section 5-37-1. - Definitions.
Section 5-37-1.2. - Examining committees.
Section 5-37-1.3. - Board of medical licensure and discipline — Powers and duties.
Section 5-37-1.4. - Director — Powers and duties.
Section 5-37-2. - License to practice — Qualifications of applicants — Fee — Reexamination.
Section 5-37-2.1. - Recertification — Continuing medical education.
Section 5-37-3. - Itinerants disqualified.
Section 5-37-4. - Refusal of licensure.
Section 5-37-5.1. - Unprofessional conduct.
Section 5-37-5.2. - Complaints.
Section 5-37-5.3. - Specification of charges.
Section 5-37-5.4. - Time and notice of hearing.
Section 5-37-6. - Subpoenas — Contempt.
Section 5-37-6.1. - Report of hearing.
Section 5-37-6.2. - Decision of the board.
Section 5-37-6.3. - Sanctions.
Section 5-37-7. - Appeal from the decision of the director.
Section 5-37-8. - Grounds for discipline without hearing.
Section 5-37-9.1. - Requirements relating to professional conduct.
Section 5-37-9.2. - Physician profiles — Public access to data.
Section 5-37-10. - Biannual registration, physicians — Annual registration, hospitals.
Section 5-37-11. - Inactive list.
Section 5-37-12. - Unauthorized practice of medicine.
Section 5-37-13. - [Repealed.]
Section 5-37-14. - Exceptions to licensure requirement — Immunity from liability.
Section 5-37-15. - Practice of religious beliefs.
Section 5-37-16. - Limited registrations.
Section 5-37-16.1. - Limited registration — Academic faculty.
Section 5-37-16.2. - Exceptions to licensure requirement.
Section 5-37-17. - Power to examine individuals.
Section 5-37-18. - Prescription slips.
Section 5-37-18.1. - Physicians required to authorize product selection.
Section 5-37-18.2. - Penalty for violating § 5-37-18 or § 5-37-18.1.
Section 5-37-19. - Blank prescriptions.
Section 5-37-20. - Acupuncture.
Section 5-37-21. - Fee splitting.
Section 5-37-22. - Disclosures.
Section 5-37-23. - Over-billing reward program.
Section 5-37-24. - [Repealed.]
Section 5-37-25. - Violations — Penalties.
Section 5-37-25.1. - Injunction of violations.
Section 5-37-26. - Medical forms.
Section 5-37-27. - Severability.
Section 5-37-28. - Communications of information among healthcare facilities.
Section 5-37-29. - Hospital responsibility to take action based upon adverse information received.
Section 5-37-30. - Closure of medical practice — Preservation of records.
Section 5-37-31. - Mammograms — Quality assurance standards.
Section 5-37-32. - Pap smears — Quality assurance standards.