PA 08-109—sSB 471
Insurance and Real Estate Committee
Public Health Committee
AN ACT EXTENDING THE STATE PHYSICIAN PROFILE TO CERTAIN OTHER HEALTH CARE PROVIDERS
SUMMARY: By law, the Department of Public Health (DPH), after consulting with the Connecticut Medical Examining Board and the Connecticut State Medical Society, must collect certain information to create an individual public profile on each physician licensed to practice medicine in Connecticut. This act, within available appropriations, extends this requirement to dentists, chiropractors, optometrists, podiatrists, naturopaths, dental hygienists, advanced practice registered nurses, and physical therapists. Consistent with existing law for physicians, the act requires DPH to consult with the appropriate state board. It also makes other conforming changes, including authorizing the appropriate board, commission, or department to revoke or suspend the health care provider's license for failing to provide DPH with the information the act requires.
EFFECTIVE DATE: January 1, 2010
INFORMATION INCLUDED IN THE PUBLIC PROFILE
Education and Practice Information
The profiles must contain information about the health care provider's education and practice including:
1. professional school names and graduation dates;
2. the site, training, discipline, and dates of any completed postgraduate education or other required professional education;
3. practice specialty;
4. the address of his or her primary practice location;
5. the languages, other than English, spoken at the practice;
6. current specialty board certifications;
7. appointments to a Connecticut medical school faculty and an indication as to whether he or she has current responsibility for graduate medical education;
8. the hospitals and nursing homes where he or she has privileges;
9. a list of publications in peer-reviewed literature;
10. a list of professional services, activities, and awards;
11. an indication as to whether he or she is actively involved in patient care; and
12. the name of the provider's professional liability insurance carrier.
A provider can choose to have his or her profile omit information about publications, professional services, activities, and awards. DPH must inform providers of this option.
The profile must indicate any disciplinary actions DPH, the appropriate state board, or any professional licensing or disciplinary body in another jurisdiction has taken against the health care provider. It must also include any hospital disciplinary actions taken against him or her in the past 10 years resulting in (1) termination or revocation of privileges for a professional disciplinary reason; (2) resignation from, or non-renewal of, professional staff membership; or (3) restriction of privileges in lieu of or in settling a pending disciplinary case related to professional competence.
The profile must contain a description of felony criminal convictions within the last 10 years. Conviction of a felony means the health care provider pled guilty, was found guilty by a court, or was convicted by a plea of no contest.
Medical Malpractice Claims
The profile must contain, to the extent available, all professional malpractice court judgments, arbitration awards, or settlements against the health care provider where payment was made during the last 10 years.
Duty to Update Information
A provider must notify DPH of any changes in the information, other than publications, professional services, activities, and awards, within 60 days of the change.
DPH may not disclose to the public pending malpractice claims or actual amounts paid by or for the provider because of a judgment, award, or settlement.
Advance Copy to Providers
DPH must give the provider a copy of his or her profile before it is released to the public. Profile amendments or modifications not given by the health care provider or produced by DPH must be given to the provider to review before release. The provider can challenge the accuracy of any information in the profile and provide a written statement supporting the challenge.
DPH must have an Internet website so the public can get the profiles.
Other Disclosure Laws
The law specifies that other state laws that would limit, prohibit, or penalize the disclosure of provider information do not apply to the provider profiles.
All information from the provider is subject to penalties for 2nd degree false statement, which is a Class A misdemeanor (see Table on Penalties).
Action Against a Provider's License
The law allows DPH or the appropriate board to restrict, suspend, revoke, or take other appropriate action against a health care provider's license for failure to provide the required information for the profile.
OLR Tracking: GC: JK: CR: dw