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art.009/3/009/2/009/1

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ARTICLE 9 AS AMENDED

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RELATING TO DEPARTMENT OF HEALTH FEES

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     SECTION 1. Sections 5-10-10, 5-10-11, 5-10-13, and 5-10-15 of the General Laws in

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Chapter 5-10 entitled “Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians” are

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hereby amended to read as follows:

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     5-10-10. Application form - Fee - Expiration and renewal of licenses – Fees. -- (a)

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Applications for licenses under § 5-10-9 shall be made upon any forms that are prescribed by the

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division and are accompanied by an examination application fee established in regulation. The

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license of every person licensed under §§ 5-10-8 and 5-10-9 shall expire on the thirtieth (30th)

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day of October of every other year following the date of license. This is determined on an odd-

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even basis. On or before the first day of September of every year, the administrator of

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professional regulation shall mail an application for renewal of license to people scheduled to be

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licensed that year on an odd or even basis as to the license number. Every person who wishes to

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renew his or her license must file with the administrator of professional regulation a renewal

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application duly executed together with the renewal fee of fifty dollars ($50.00) as set forth in §

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23-1-54. Applications, accompanied by the fee for renewal, shall be filed with the division on or

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before the fifteenth (15th) day of October in each renewal year. Upon receipt of the application

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and fee, the administrator of professional regulation shall grant a renewal license effective

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October 1st and expiring two (2) years later on September 30th.

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     (b) Every person who fails to renew his or her license on or before September 30th

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following the date of issuance as provided in subsection (a) of this section may be reinstated by

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the division upon payment of the current renewal fee of fifty dollars ($50.00) plus an additional

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fee of thirty dollars ($30.00) for each year the license has lapsed to a maximum of two hundred

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dollars ($200) as set forth in § 23-1-54.

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     (c) The license shall be on the person at all times while performing the services for which

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they are licensed.

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     5-10-11. Persons licensed in other states. -- (a) Any person licensed to practice

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barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics in another state

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where the requirements are the equivalent of those of this state is entitled to a license as a barber,

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hairdresser, and cosmetician and/or manicurist or esthetician operator upon the acceptance of his

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or her credentials by the division; provided, that the state in which that person is licensed extends

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a similar privilege to licensed barbers, hairdressers, and cosmetic therapists and/or manicurists or

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esthetics of this state. If a person applies for a hairdressing license who was licensed in another

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state where the requirements are not equivalent to those of this state, the division shall give to that

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person one hundred (100) hours instructional credit for three (3) months that the person was

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licensed and in actual practice, up to a limit of five hundred (500) hours, in order for that person

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to meet the requirements for a hairdressing license in this state as established under the provisions

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of §§ 5-10-8 and 5-10-9.

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     (b) If a person applies for a manicurist or esthetician license and is currently licensed in

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another state, that person may be granted a license if he or she passes the written and practical

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examinations conducted by the division.

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     (c) The fee for the examination application is forty dollars ($40.00) as set forth in § 23-1-

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54; provided, that the provisions of this chapter shall not be construed as preventing persons who

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have been licensed by examination under the laws of other states of the United States or

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territories and the District of Columbia from practicing barbering, hairdressing, and cosmetic

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therapy and/or manicuring or esthetics in this state for a period of three (3) months; provided, that

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they apply for and are licensed in this state within three (3) months from the commencement of

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their employment. Nor shall it be construed as prohibiting persons who have been licensed under

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the laws of another country or territory from practicing barbering, hairdressing, and cosmetic

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therapy and/or manicuring or esthetics in this state; provided, that practice is in conformity with

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the rules and regulations of the division; and provided, that in no case shall that practice cover a

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period of more than three (3) months from the commencement of that employment.

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     5-10-13. Demonstrator's permit. -- The division may in its discretion issue to any

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person recognized by the division as an authority on, or an expert in the theory or practice of,

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barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics and is the holder of a

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current esthetician's, manicurist's or a barber's, hairdresser's, and cosmetician's license in this

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state, another state or the District of Columbia, a demonstrator's permit for not more than six (6)

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days' duration for educational and instructive demonstrations; provided, that the permit shall not

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be used in the sense of a license to practice barbering, manicuring, esthetics or hairdressing and

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cosmetic therapy. The fee for the permit is seventy dollars ($70.00) as set forth in § 23-1-54.

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     5-10-15. Licensing of shops. -- (a) No shop, place of business or establishment shall be

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opened or conducted within the state by any person, association, partnership, corporation, or

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otherwise for the practice of barbering, manicuring and/or hairdressing and cosmetic therapy or

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esthetics until the time that application for a license to operate that shop, place of business or

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establishment for the practice of manicuring and/or hairdressing and cosmetic therapy or esthetics

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is made, to the division, in the manner and on the forms that it prescribes, and a license, under the

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terms and conditions, not contrary to law, that the division requires shall be granted for it and a

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license issued.

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     (1) No licenses shall be granted to any shop, place of business, or establishment for the

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practice of hairdressing and cosmetic therapy unless the proprietor or a supervising manager in

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the practice of barbering, hairdressing and cosmetic therapy, of the shop, place of business, or

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establishment is licensed and has been licensed as a licensed barber or hairdresser and

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cosmetician for a period of at least one year immediately prior to the filing of the application for

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the license.

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     (2) No license shall be granted to any shop, place of business, or establishment for the

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practice of manicuring or esthetics unless the proprietor or a supervising manager of the

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proprietor is licensed and has been licensed as a licensed barber, hairdresser and cosmetician,

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manicurist or esthetician for a period of at least one year immediately prior to the filing of the

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application for the license.

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     (3) The supervising manager shall be registered with the division as the manager of a

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licensed shop and shall only be registered to manage one shop at a time. The proprietor of the

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licensed shop and the manager shall notify the division, in writing, within ten (10) days upon the

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termination of employment as the manager of the licensed shop. The license of the shop shall

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expire forty-five (45) days after the division is notified by the proprietor if no new manager is

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registered with the division as the supervising manager of the shop.

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     (b) All licenses issued under this section shall terminate on the first day of July following

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the date of issue. The fee for the license is one hundred and thirty dollars ($130) and for each

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renewal of the license the fee is one hundred and thirty dollars ($130) as set forth in § 23-1-54.

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     SECTION 2. Sections 5-25-10, 5-25-11, and 5-25-12 of the General Laws in Chapter 5-

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25 entitled “Veterinary Practice” are hereby amended to read as follows:

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     5-25-10. Qualifications for licensure. -- Any applicant for licensure shall submit to the

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department written evidence on forms furnished by the department verified by oath that the

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applicant meets all of the following requirements:

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     (1) Is a graduate of a school or college of veterinary medicine recognized and accredited

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by the American Veterinary Medical Association and by the department or certification by the

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Educational Council for Foreign Veterinary Graduates;

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     (2) Pays an application fee of forty dollars ($40.00) as set forth in § 23-1-54 at the time of

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submitting the application, which, in no case is returned to the applicant;

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     (3) Is of good moral character, evidenced in the manner prescribed by the department;

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and

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     (4) Complies with any other qualifications that the department prescribes by regulation;

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and

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     (5) Comply with the continuing education requirements adopted by the department.

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     5-25-11. Licensing of veterinarians. -- (a) By Examination. - The applicant is required

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to pass, with a grade determined by the division, an examination approved by the division; upon

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payment of an examination fee of three hundred and thirty dollars ($330) as set forth in § 23-1-54

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every candidate who passes that examination, and in the opinion of the division meets the

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qualifications of § 5-25-10, shall, upon payment of an initial license fee, which shall be equal to

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the biennial license renewal fee in effect, be issued a license to practice veterinary medicine.

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Veterinarians licensed under the provisions of this chapter on August 31, 1985 shall continue to

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be licensed.

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     (b) Without Examination by Endorsement. A license to practice veterinary medicine may

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be issued without examination to an applicant who has been duly licensed by examination as a

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veterinarian under the laws of another state or territory or District of Columbia, if, in the opinion

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of the division, the applicant meets the qualifications required of veterinarians in this state, as

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further defined in rules and regulations.

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     5-25-12. Expiration and renewal of licenses. -- (a) The certificate of every person

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licensed as a veterinarian under the provisions of this chapter expires on the first day of May of

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each even numbered year. On or before the first day of March of each two (2) year period, the

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department shall mail an application for renewal of license to every person to whom a license has

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been issued or renewed during the current licensure period. Every person so licensed who desires

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to renew his or her license shall file with the department a renewal application duly executed

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together with a renewal fee of three hundred and thirty dollars ($330) as set forth in § 23-1-54 on

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or before the thirty-first day of March of each even numbered year.

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     (b) Upon receipt of an application, and payment of the renewal fee, the department shall

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grant a renewal license effective the second day of May, and expiring on the first day of May of

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the next even numbered year.

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     (c) Any person who allows his or her license to lapse by failing to renew it on or before

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the thirty-first day of March of the next even numbered year, as provided in subsection (a), may

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be reinstated by the department on payment of the current renewal fee plus an additional fee of

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ninety ($90.00) as set forth in § 23-1-54.

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     (d) Any person using the title "veterinarian" during the time that his or her license has

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lapsed is subject to the penalties provided for violations of this chapter.

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     (e) Every veterinarian licensed to practice veterinary medicine within the state shall, in

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connection with renewal of licensure, provide satisfactory evidence to the department that in the

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preceding two-year period the veterinarian has completed a prescribed course of continuing

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professional education established by an appropriate professional veterinary medicine association

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and approved by rule or regulation of the department. The department may extend for only one

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six (6) month period, these education requirements if the department is satisfied that the applicant

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has suffered hardship which prevented meeting the educational requirement.

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     SECTION 3. Sections 5-29-7, 5-29-11, 5-29-13, and 5-29-14 of the General Laws in

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Chapter 5-29 entitled “Podiatrists” are hereby amended to read as follows:

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     5-29-7. Examination of applicants - Fees – Reexamination. -- The division of

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professional regulation board of podiatry examiners is empowered to review applications as

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defined in this chapter and to require a minimum application fee of four hundred and ten dollars

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($410) as set forth in § 23-1-54 at the time of application. Application fees are not refundable

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unless sickness or other good cause appearing to the satisfaction of the division such applicant

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was prevented from attending and completing the examination. One further or subsequent

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examination under that application may be given to applicants in the discretion of the division,

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without payment of an additional fee.

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     5-29-11. Fee. -- The biennial renewal fee shall not be less than two hundred and sixty

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($260) nor be more than four hundred and ninety dollars ($490) be as set forth in § 23-1-54.

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     5-29-13. Limited registrations. -- (a) An applicant for limited registration under this

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chapter who furnishes the division of professional regulation of the department of health with

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satisfactory proof that the applicant is eighteen (18) years of age or older and of good moral

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character, that the applicant has creditably completed not less than two (2) years of study in a

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legally chartered podiatry school that is accredited by the Council on Podiatric Medical Education

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of the American Podiatric Medical Association having power to grant degrees in podiatry, and

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that the applicant has been appointed an intern, resident, fellow, or podiatry officer in a hospital

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or other institution maintained by the state, or by a city or town, or in a hospital or clinic which is

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incorporated under the laws of this state or in a clinic which is affiliated with a hospital licensed

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by the department of health, or in an out-patient clinic operated by the state, may, upon the

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payment of seventy ($70.00) in an amount set forth in § 23-1-54, be registered by the division as

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a hospital officer for any time that the division prescribes. The limited registration entitles the

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applicant to practice podiatry in the hospital or other institution designated on his or her

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certificate of limited registration, or outside that hospital or other institution for the treatment,

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under the supervision of one of its medical officers who is a duly licensed physician and/or

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podiatrist or persons accepted by it as patients, or in any hospital, institution, clinic, or program

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affiliated for training purposes with the hospital, institution, or clinic designated on the certificate,

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which affiliation is approved by the division of professional regulation and the Council of

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Podiatric Medical Education of the American Podiatric Medical Association and in any case

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under regulations established by such hospital, institution, or clinic. Provided, that each hospital,

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institution, or clinic shall annually submit to the division of professional regulation a list of

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affiliated hospitals, institutions, clinics, or programs providing training programs which comply

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with the terms of this section. Limited registration under this section may be revoked at any time

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by the division.

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     (b) The division of professional regulation of the department of health may promulgate

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any rules and regulations that it deems necessary to effect the provisions of this chapter.

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     5-29-14. Limited registration – Academic faculty. -- Notwithstanding any other

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provisions of this chapter, a podiatrist of noteworthy and recognized professional attainment who

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is a clearly outstanding podiatrist and who has been offered by the dean of a medical school or

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podiatry school in this state a full-time academic appointment, is eligible for a limited registration

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while serving on the academic staff of the medical school or podiatry school. Upon

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recommendation of the dean of an accredited school of medicine, podiatry in this state, the board

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in its discretion, after being satisfied that the applicant is a graduate of a foreign podiatry school

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and a person of professional rank whose knowledge and special training will benefit that medical

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school, podiatry school may issue to that podiatrist a limited registration to engage in the practice

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of podiatry to the extent that the practice is incidental to a necessary part of his or her academic

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appointment and then only in the hospital or hospitals and out-patient clinics connected with the

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medical school or podiatry school. Except to the extent authorized by this section, the registrant

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shall not engage in the practice of podiatry or receive compensation for that practice, unless he or

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she is issued a license to practice podiatry. The registration is valid for a period of not more than

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one year expiring on the 30th day of June following its initial effective date but may be renewed

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annually; provided, that such registration automatically expires when the holder's relationship

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with the medical school or podiatry school is terminated. The application fee for the registration

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authorized under this section is five hundred and seventy ($570) The and for the application fee

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for biennial renewal, as promulgated by the director, shall be not less than two hundred and

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eighty ($280) nor more than four hundred dollars ($400) as set forth in § 23-1-54.

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     SECTION 4. Sections 5-30-6, 5-30-7, 5-30-8 and 5-30-12 of the General Laws in

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Chapter 5-30 entitled “Chiropractors” are hereby amended to read as follows:

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     5-30-6. Qualifications and examinations of applicants. -- Every person desiring to

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begin the practice of chiropractic medicine, except as provided in this chapter, shall present

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satisfactory evidence to the division of professional regulation of the department of health,

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verified by oath, that he or she is more than twenty-three (23) years of age, of good moral

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character, and that before he or she commenced the study of chiropractic medicine had

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satisfactorily completed credit courses equal to four (4) years of pre-professional study acceptable

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by an accredited academic college and obtained a bachelor of science or bachelor of arts degree

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and subsequently graduated from a school or college of chiropractic medicine approved by the

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division of professional regulation of the department of health, and has completed a residential

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course of at least four (4) years, each year consisting of at least nine (9) months study. Any

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qualified applicant shall take an examination before the state board of chiropractic examiners to

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determine his or her qualifications to practice chiropractic medicine. Every applicant for an

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examination shall pay a fee of sixty-two dollars and fifty cents ($62.50) as set forth in section 23-

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1-54 for the examination to the division of professional regulation. Every candidate who passes

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the examination shall be recommended by the division of professional regulation of the

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department of health to the director of the department of health to receive a certificate of

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qualification to practice chiropractic medicine.

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     5-30-7. Certification of chiropractic physicians authorized to practice in other states.

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-- The division of professional regulation of the department of health may, at its discretion,

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dispense with the examination of any chiropractic physician authorized to practice chiropractic

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medicine in any other state, and who has been practicing his or her profession in that state for at

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least five (5) years and desires to reside permanently and practice his or her profession in this

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state, provided the laws of that state require qualifications of a grade equal to those required in

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Rhode Island, and provided that equal rights are accorded by that state to chiropractic physicians

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of Rhode Island. The chiropractic physician shall make an application to the division for

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exemption from examination and the division may in its discretion exempt him or her. If the

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division exempts him or her, he or she shall pay a fee of ninety dollars ($90.00) as set forth in §

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23-1-54 for a certificate of exemption from that examination, and upon receipt of that fee, the

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division shall recommend him or her to the director of the department of health to receive a

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certificate of qualification to practice chiropractic medicine.

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     5-30-8. Certification to practice physiotherapy. -- (a) Every person desiring to practice

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physiotherapy in addition to chiropractic medicine and who completed a course of four (4) years,

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of eight (8) months each, in some school of chiropractic medicine approved by the division of

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professional regulation of the department of health, completed a course of three (3) years, of nine

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(9) months each, at some school of chiropractic medicine approved by the division and an

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additional year, of at least six (6) months, in physiotherapy and all branches of that field, at that

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school, or has served as an intern for six (6) months in any year at an institution approved by the

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division, and satisfies the division that he or she is qualified, may take an examination before the

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state board of chiropractic examiners to determine his or her qualification to practice

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physiotherapy in addition to chiropractic medicine.

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     (b) Every applicant for that examination shall pay a fee of sixty dollars ($60.00) for the

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examination to the division of professional regulation of the department of health, provided that if

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the examination is taken at the same time as the examination to determine the applicant's fitness

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to practice chiropractic medicine, but only one fee of ninety dollars ($90.00) as set forth in § 23-

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1-54 is charged. Every candidate who passes that examination shall be recommended by the

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division of professional regulation of the department of health to the director of the department of

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health to receive a certificate of qualification to practice physiotherapy.

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     5-30-12. Annual registration -- Payment of fees. -- Annually, during the month of

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October in each year, every person granted a certificate to practice chiropractic medicine shall

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register his or her name, address, and place of business with the division of professional

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regulation of the department of health. The division shall keep a book for that purpose, and each

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person registering shall pay a fee of one hundred and seventy dollars ($170) as set forth in § 23-1-

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54 and shall receive a certificate of registration for the next succeeding fiscal year, unless the

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certificate of practice has been suspended or revoked for cause, as provided in § 5-30-13. All fees

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for examination, for certificate of exemption from examination, and for annual registration shall

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be deposited as general revenues.

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     SECTION 5. Sections 5-31.1-6, 5-31.1-21, 5-31.1-22 and 5-31.1-23 of the General Laws

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in Chapter 5-31.1 entitled “Dentists and Dental Hygienists” are hereby amended to read as

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follows:

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     5-31.1-6. License to practice -- Qualifications of applicants -- Fee -- Reexamination. -

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- (a) Authority to practice dentistry or dental hygiene under this chapter is by a license, issued by

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the director of the department of health, to any reputable dentist or dental hygienist who intends

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to practice dentistry or dental hygiene in this state, and who meets the requirements for licensure

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prescribed in this chapter and regulations established by the board or the director.

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     (b) Applicants for licensure as dentists shall:

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     (1) Present satisfactory evidence of graduation from a school of dentistry accredited by

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the American Dental Association Commission on Dental Accreditation or its designated agency

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and approved by the board;

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     (2) Meet any other requirements that the board or director by regulation establishes; and

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     (3) Pass in a satisfactory manner any examinations that the board requires.

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     (c) Applicants for licensure as dental hygienists shall:

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     (1) Present satisfactory evidence of graduation from a school for dental hygiene

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accredited by the American Dental Association Commission on Dental Auxiliary Accreditation or

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its designated agency and approved by the board;

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     (2) Meet any other requirements that the board or director by regulation establishes; and

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     (3) Pass in a satisfactory manner any examination that the board requires.

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     (d) Any dentist applying for licensure shall pay an application fee of five hundred and

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seventy dollars ($570) and any dental hygienist applying for licensure shall pay an application fee

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of one hundred and thirty dollars ($130) as set forth in § 23-1-54. Application fees shall in no

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case be returned. Applicants requiring reexamination for dentistry shall submit a fee of five

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hundred and seventy dollars ($570) for each reexamination. Applicants requiring reexamination

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and for dental hygiene shall submit a fee of one hundred and thirty dollars ($130) fees as set forth

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in § 23-1-54 for each reexamination.

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     (e) Notwithstanding any other provision of law, the board of dental examiners may issue

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a special license to qualifying dentists and dental hygienists under the terms and conditions set

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forth in this section and pursuant to requirements which may be set forth in the rules and

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regulations of the board. The special license may only be issued to a person who is retired from

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the practice of dentistry or dental hygiene and not currently engaged in such practice either full-

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time or part-time and has, prior to retirement, maintained full licensure in good standing in

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dentistry or dental hygiene in any state.

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     (2) The special licensee shall be permitted to practice dentistry or dental hygiene only in

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the non-compensated employ of public agencies or institutions, not-for-profit agencies, not-for-

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profit institutions, nonprofit corporations, or not-for-profit associations which provide dentistry or

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dental hygiene services only to indigent patients in areas which are underserved by dentists or

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dental hygienists or critical need population areas of the state.

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     (3) The person applying for the special license under this section shall submit to the

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board a notarized statement from the employing agency, institution, corporation, association or

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health care program on a form prescribed by the board, whereby he or she agrees unequivocally

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not to receive compensation for any dentistry or dental hygiene services he or she may render

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while in possession of the special license.

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     (4) Any application fees and all licensure and renewal fees shall be waived for the holder

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of the special license under this section.

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     (5) A dentist or dental hygienist licensed pursuant to this section shall comply with the

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continuing education requirements established by the board of dental examiners in this state.

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     5-31.1-21. Biennial registration. -- (a) Effective beginning in the calendar year 2006, on

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or before the first day of May in each even-numbered year the board shall mail an application for

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biennial registration to every person to whom a license to practice dentistry or dental hygiene in

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this state has been granted by the constituted licensing authority in the state. Every licensed

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person who intends to engage in the practice of his or her profession during the ensuing two (2)

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years shall register his or her license by filing with the board that application executed together

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with any registration form and fee that is established by regulation by the director on or before the

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first day of June in each even-numbered year. Upon receipt of that application and fee, the board

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shall issue a registration certificate effective July 1 and expiring two (2) years following June 30,

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and that registration certificate shall render its holder a registered practitioner of dentistry or

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dental hygiene for that registration period.

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     (b) The registration certificate of all dentists and dental hygienists whose renewals

10-82

accompanied by the prescribed fee are not filed on or before the first day of July automatically

10-83

expire. The board may in its discretion and upon the payment by the dentist or dental hygienist of

10-84

the current registration fee plus an additional fee of ninety dollars ($90.00) as set forth in § 23-1-

10-85

54 reinstate any certificate expired under the provisions of this section. All unexpended monies in

10-86

the account of the board of dentistry are transferred to the new board of dentistry as created by

10-87

this section as of June 2, 1988.

10-88

     (c) Dentists and dental hygienists not intending to practice in this state may request on a

10-89

biennial basis to be placed on inactive status. Those requests must be made, in writing, to the

10-90

dental administrator and must be accompanied by a fee of one hundred and seventy dollars ($170)

10-91

for dentists and ninety dollars ($90.00) for dental hygienists fees as set forth in § 23-1-54. Persons

10-92

on inactive status may be reinstated by paying the current annual registration fee and must meet

10-93

any requirements established by this chapter and as are further prescribed by the rules and

10-94

regulations.

10-95

     5-31.1-22. Limited registrations. -- An applicant for limited registration under this

10-96

chapter who furnishes the board with satisfactory proof that the applicant is eighteen (18) years of

10-97

age or older and of good moral character, that the applicant has graduated from a dental school

10-98

accredited by the American Dental Association Commission on Dental Accreditation or its

10-99

designated agency and approved by the board, and that the applicant has been appointed an

10-100

intern, resident, fellow, or dental officer in a hospital or other institution maintained by the state,

10-101

or by a city or town, or in a hospital or clinic which is incorporated under the laws of this state or

10-102

in a clinic which is affiliated with a hospital licensed by the department of health, or in an out-

11-1

patient clinic operated by the state, may, upon the payment of fifty dollars ($50.00) as set forth in

11-2

§ 23-1-54 , be registered by the board as a hospital dental officer for any time that the board

11-3

prescribes; but that limited registration entitles the applicant to practice dentistry in the hospital or

11-4

other institution designated on his or her certificate of limited registration, or outside that hospital

11-5

or other institution for the treatment, under the supervision of one of its dental officers who is a

11-6

licensed dentist, in the state of persons accepted by it as patients, or in any hospital, institution,

11-7

clinic, or program affiliated for training purposes with the hospital, institution, or clinic

11-8

designated on this certificate, which affiliation is approved by the board, and in any case under

11-9

regulations established by that hospital, institution, or clinic. Each hospital, institution, or clinic

11-10

shall annually submit to the board a list of training programs which comply with the terms of this

11-11

section. Limited registration under this section may be revoked at any time by the board. The

11-12

board and/or the director may promulgate any rules and regulations that it deems necessary to

11-13

carry out the provisions of this section.

11-14

     5-31.1-23. Limited registration -- Academic faculty – Fees. -- (a) Notwithstanding any

11-15

other provisions of this chapter, a dentist of noteworthy and recognized professional attainment,

11-16

who is a clearly outstanding dentist and who has been offered by the dean of a medical school,

11-17

dental school, or school of dental hygiene in this state a full-time academic appointment, is

11-18

eligible for a limited registration while serving on the academic staff of the medical school, dental

11-19

school, or school of dental hygiene. Upon recommendation of the dean of an accredited school of

11-20

medicine, dentistry, or school of dental hygiene in this state, the board in its discretion, after

11-21

being satisfied that the applicant is a graduate of a foreign dental school and a person of

11-22

professional rank whose knowledge and special training will benefit that medical school, dental

11-23

school, or school of dental hygiene may issue to that dentist a limited registration to engage in the

11-24

practice of dentistry to the extent that the practice is incidental to a necessary part of his or her

11-25

academic appointment and then only in the hospital or hospitals and out-patient clinics connected

11-26

with the medical school, dental school, or school of dental hygiene.

11-27

     (b) Except to the extent authorized by this section, the registrant shall not engage in the

11-28

practice of dentistry or receive compensation for it, unless he or she is issued a license to practice

11-29

dentistry in accordance with the provisions of this chapter. The registration is valid for a period of

11-30

not more than one year expiring on the 30th day of June following its initial effective date but

11-31

may be renewed annually. The registration shall automatically expire when the holder's

11-32

relationship with the medical school, dental school, or school of dental hygiene is terminated.

11-33

     (c) The application fee for the registration authorized and for initial annual renewal under

11-34

this section is five hundred and seventy dollars ($570) as set forth in § 23-1-54. The application

12-1

fee for initial annual renewal is one hundred and seventy ($170). Subsequently, fees are as

12-2

promulgated by the director.

12-3

     SECTION 6. Sections 5-32-3, 5-32-6, 5-32-7, 5-32-13 and 5-32-17 of the General Laws

12-4

in Chapter 5-32 entitled “Electrolysis” are hereby amended to read as follows:

12-5

     5-32-3. Certificates -- Applications -- Penalty for violations. -- The division of

12-6

professional regulation of the department of health shall issue certificates to practice electrolysis,

12-7

as defined in this chapter, to any persons that comply with the provisions of this chapter. Any

12-8

person who desires to engage in that practice shall submit, in writing, in any form that is required

12-9

by the board, an application for a certificate to engage in that practice. The application shall be

12-10

accompanied by a fee of one hundred dollars ($100) as set forth in § 23-1-54. Any person, firm,

12-11

corporation or association violating any of the provisions of this chapter commits a misdemeanor

12-12

and, upon conviction, shall be punished by a fine not to exceed two hundred dollars ($200), or

12-13

imprisoned for a period not to exceed three (3) months, or both the fine and imprisonment.

12-14

     5-32-6. Examination of applicants -- Expiration and renewal of certificates. -- (a)

12-15

Examination of applicants for certificates shall be held at least twice a year in the city of

12-16

Providence and may be held elsewhere at the discretion of the division of professional regulation

12-17

of the department of health. The division has the power to adopt, change, alter and amend, rules

12-18

and regulations for the conducting of those examinations, and may fix the fee for reexamination.

12-19

The division shall issue to each person successfully passing the examination, where an

12-20

examination is required, and who satisfies the division of his or her qualifications, a certificate,

12-21

signed by the administrator of the division, entitling him or her to practice that business in this

12-22

state for the annual period stated in the certificate, or until the certificate is revoked or suspended,

12-23

as subsequently provided.

12-24

     (b) All certificates shall expire on the 30th day of April of each year, unless sooner

12-25

suspended or revoked, and shall be renewed for the next ensuing year by the division upon

12-26

payment to the division of an annual renewal fee of thirty-one dollars and fifty cents ($31.50) as

12-27

set forth in § 23-1-54 for each renewal.

12-28

     5-32-7. Certification of licensees from other states. -- Any person licensed to practice

12-29

electrolysis in any other state or states, who is, or in good faith intends to become, a resident of

12-30

this state, where the requirements are the equivalent of those of this state and who meets the

12-31

requirements of this chapter shall be entitled to take that examination and, if he or she passes that

12-32

examination, shall be, upon the payment of a fee of sixty-two dollars and fifty cents ($62.50) as

12-33

set forth in § 23-1-54 , entitled to be licensed under the provisions of this chapter.

13-34

     5-32-13. Annual renewal of certificates. -- All certificates issued under the provisions

13-35

of this chapter shall be renewed annually by the holders of the certificate at an annual renewal fee

13-36

of thirty-one dollars and fifty cents ($31.50) as set forth in § 23-1-54 by the division of

13-37

professional regulation of the department of health.

13-38

     5-32-17. Qualifications for teaching electrolysis -- (a) A person in order to qualify as an

13-39

instructor or teacher of electrolysis to apprentices must:

13-40

     (1) Have been actively engaged as a licensed practitioner of electrolysis for at least five

13-41

(5) years.

13-42

     (2) Pass a state board examination specifically designed to evaluate his or her

13-43

qualifications to teach electrolysis.

13-44

     (3) Be a high school graduate or the equivalent.

13-45

     (b) Upon satisfactorily passing this examination, the division of professional regulation of

13-46

the department of health shall issue a license to the person upon the payment of a fee of eighty

13-47

dollars ($80.00) as set forth in § 23-1-54.

13-48

     (c) A qualified licensed electrologist shall not register more than one apprentice for each

13-49

nine (9) month training period.

13-50

     SECTION 7. Sections 5-33.2-12, 5-33.2-13.1, 5-33.2-15, and 5-33.2-16 of the General

13-51

Laws in Chapter 5-33.2 entitled “Funeral Director/Embalmer Funeral Service Establishments” are

13-52

hereby amended to read as follows:

13-53

     5-33.2-12. funeral establishment and branch offices licenses. -- (a) No person,

13-54

association, partnership, corporation, limited liability company or otherwise, shall conduct,

13-55

maintain, manage, or operate a funeral establishment or branch office unless a license for each

13-56

funeral establishment and branch office has been issued by the department and is conspicuously

13-57

displayed. In the case of funeral services conducted under the license of a funeral establishment

13-58

held in any private residence, public building or church, no separate establishment license shall be

13-59

required. A licensed funeral establishment must be distinct and separate from other non- funeral

13-60

service related activity for which it is licensed. No license to operate a funeral establishment shall

13-61

be issued by the department unless the applicant for the funeral establishment license has

13-62

registered with the department a licensed funeral director/embalmer who shall be in charge as the

13-63

funeral director of record. The branch office of a funeral establishment must have a separate

13-64

branch office establishment license but not a separate funeral director of record. One branch

13-65

office shall be allowed to operate under the funeral establishment license, and this one branch

13-66

office may be permitted to operate without a preparation room. Applications for the funeral

13-67

establishment license and branch office shall be made on forms furnished by the division

13-68

accompanied by the application fee of seventy dollars ($70.00) for the funeral establishment and

14-1

seventy dollars ($70.00) for each branch office fees as set forth in § 23-1-54. Upon receipt of a

14-2

completed application and the recommendation of the board, the division shall issue a license. All

14-3

funeral establishment and branch office licenses shall expire on the thirty-first day of December

14-4

of each year, unless sooner suspended or revoked. A license shall be issued to a specific licensee

14-5

for a specific location and is not transferable. The funeral establishment licensee shall notify the

14-6

division, in writing, delivered in person or by certified mail, within ten (10) days from the date of

14-7

termination of employment, for any cause, of the funeral director/embalmer of record with the

14-8

division for the funeral establishment. The license of the funeral establishment shall expire forty-

14-9

five (45) days from the date the division was notified by the licensee, if no new funeral

14-10

director/embalmer is registered with the division. No funeral services shall be conducted at the

14-11

funeral establishment without a funeral director/embalmer being registered with the division as

14-12

the funeral director of record for that funeral establishment. Two (2) licensed funeral directors

14-13

may operate jointly at one location if one of their existing funeral establishments closes its place

14-14

of business and joins an existing licensed funeral establishment. Each firm will hold its own

14-15

separate establishment license. One cannot operate a branch office by invoking this section.

14-16

Human dead remains shall not be held more than forty-eight (48) hours without embalming or

14-17

without refrigeration for the purpose of maintaining public health. A funeral establishment must

14-18

at the minimum contain a preparation room equipped with tile, cement, or composition floor,

14-19

necessary drainage and ventilation, and containing necessary instruments and supplies for the

14-20

preparation and embalming of dead human remains for burial, transportation, or other disposition.

14-21

     (b) Any person who inherits any ownership interest to a funeral establishment may

14-22

continue to conduct the business of that establishment as their ownership interest would allow

14-23

upon the following:

14-24

     (1) Filing with the division a statement of change of fact concerning that inheritance.

14-25

     (2) Conducting the business of the establishment in compliance with all the requirements

14-26

of this chapter.

14-27

     5-33.2-13.1. Crematories – License and inspection. --No crematory owned or operated

14-28

by or located on property licensed as a funeral establishment or at another location or by a

14-29

cemetery shall conduct cremations without first having applied for and obtained a license from

14-30

the department. Applications for the crematory license shall be made on forms furnished by the

14-31

division accompanied by the application fee of ninety dollars ($90.00) as set forth in § 23-1-54.

14-32

Upon receipt of a completed application, the department shall issue a license. A license shall be

14-33

issued to a specific licensee for a specific location and is not transferable. The facility and

14-34

licensee shall meet all requirements as prescribed by the rules and regulations established by the

15-1

department, not inconsistent with this chapter.

15-2

     5-33.2-15. Annual renewal of licenses. --All licenses issued under the provisions of this

15-3

chapter must be renewed annually by their holders, who shall pay to the division a yearly renewal

15-4

fee of one hundred and thirty dollars ($130) for the renewal of a funeral director/embalmer's

15-5

license, ninety dollars ($90.00) and additional fees for each funeral establishment branch office

15-6

license and ninety dollars ($90.00) for the crematory license. These fees are as set forth in § 23-1-

15-7

54. On or before the fifteenth day of November in each year, the division shall mail to each

15-8

licensed funeral director/embalmer and to each licensed funeral establishment, funeral

15-9

establishment branch office and crematory an application for the renewal. Applications,

15-10

accompanied by the fee for renewal, shall be filed with the division on or before the thirty-first

15-11

day of December in each year. Applications filed after the thirty-first of December and on or

15-12

before the fifteenth of January must be accompanied by a fee of seventy dollars ($70.00) as set

15-13

forth in § 23-1-54 for funeral director/embalmers and funeral establishments in addition to the

15-14

previously established renewal fees. Any funeral director/embalmer who acts or holds himself or

15-15

herself out as a funeral director/embalmer after his or her certificate has been lapsed shall be

15-16

punished as provided in this chapter. Any funeral establishment, funeral establishment branch

15-17

office or crematory who acts or holds itself out as a funeral establishment after its license has

15-18

lapsed shall be punished as provided in this chapter.

15-19

     5-33.2-16. Funeral director/Embalmer -- Internship. -- (a) Nothing in this chapter

15-20

shall be construed as prohibiting any person from serving as a funeral director/embalmer intern.

15-21

Before an internship begins the person desiring to become an intern shall register with the

15-22

division on any forms that it prescribes. No person under the age of eighteen (18) years shall be

15-23

permitted to register as an intern. The division may make any rules and regulations that it deems

15-24

advisable for the supervision of interns. All persons registering as an intern shall pay a fee of

15-25

forty dollars ($40.00) as set forth in § 23-1-54 at the time of the registration. That intern is not

15-26

permitted to advertise or hold himself or herself out to the public as a registered funeral

15-27

director/embalmer. The term of internship shall be not less than one year; provided, that if an

15-28

intern after having served his or her internship fails to pass the examination for a funeral

15-29

director/embalmer's license or fails to embalm fifty (50) human remains during their internship,

15-30

he or she may continue their internship. The total term of internship must be completed within

15-31

five (5) years from the date of original registration.

15-32

     (b) The intern must have assisted in embalming at least fifty (50) bodies if the period for

15-33

registered internship is to be satisfied in one year. If the internship is for more than one year, the

15-34

applicant must embalm at least twenty-five (25) bodies for each year of their internship. Each

16-1

licensed funeral establishment embalming up to one hundred fifty (150) human remains per year

16-2

shall be allowed to register one intern at one time. Each establishment embalming more than one

16-3

hundred fifty (150) but less than three hundred (300) human remains per year shall be allowed to

16-4

register two (2) interns at one time. Each establishment embalming three hundred (300) or more

16-5

human remains per year shall be allowed to register three (3) interns at one time.

16-6

     SECTION 8. Sections 5-34-12, 5-34-16, 5-34-19, 5-34-37, and 5-34-40.3 of the General

16-7

Laws in Chapter 5-34 entitled “Nurses” are hereby amended to read as follows:

16-8

     5-34-12. Application fee for professional nurses. --The applicant for a license to

16-9

practice as a professional nurse shall pay a fee of one hundred and thirty dollars ($130) as set

16-10

forth in § 23-1-54.

16-11

     5-34-16. Application fee for practical nurse licensure. -- The applicant for licensure to

16-12

practice as a licensed practical nurse shall pay a fee of ninety ($90.00) as set forth in § 23-1-54.

16-13

     5-34-19. Expiration and renewal of licenses -- (a) The license of every person licensed

16-14

under this chapter shall expire on the first day of March of every other year following the date of

16-15

license. On or before the first day of January of every year, the director shall mail an application

16-16

for renewal of license to people scheduled to be licensed that year. Every person who wishes to

16-17

renew his or her license shall file with the department a duly executed renewal application

16-18

together with the renewal fee of ninety dollars ($90.00) as set forth in § 23-1-54.

16-19

     (b) Upon receipt of an application accompanied by payment of fees, the department shall

16-20

grant a renewal license effective March second and expiring two (2) years later on March first,

16-21

and that renewal license shall render the holder a legal practitioner of nursing for the period stated

16-22

on the certificate of renewal. Every person seeking renewal of a license pursuant to this section

16-23

shall provide satisfactory evidence to the department that in the preceding two (2) years the

16-24

practitioner has completed the ten (10) required continuing education hours as established by the

16-25

department through rules and regulations. The department may extend for only one six (6) month

16-26

period these educational requirements if the department is satisfied that the applicant has suffered

16-27

hardship, which prevented meeting the educational requirement.

16-28

     (c) Any person practicing nursing during the time his or her license has lapsed shall be

16-29

considered an illegal practitioner and is subject to the penalties provided for violation of this

16-30

chapter.

16-31

     (d) A licensee whose license has expired by failure to renew may apply for reinstatement

16-32

according to the rules established by the board. Upon satisfaction of the requirements for

16-33

reinstatement, the board shall issue a renewal of license.

17-34

     5-34-37. Application fee for certified registered nurse practitioners. -- The initial

17-35

application fee for licensure as a certified registered nurse practitioner shall be one hundred and

17-36

thirty dollars ($130). The , the renewal fee for a certified registered nurse practitioner shall be one

17-37

hundred and thirty dollars ($130) biennially, ninety dollars ($90.00) for registered nurse fee plus

17-38

forty dollars ($40.00) for the certified registered nurse practitioner. The ,and the fee for

17-39

application for prescriptive privileges shall be fifty dollars ($50.00) as set forth in § 23-1-54.

17-40

     5-34-40.3. Application fee for psychiatric and mental health clinical nurse

17-41

specialists. -- The initial application fee for licensure as a psychiatric and mental health clinical

17-42

nurse specialist, shall be one hundred and thirty dollars ($130). The the renewal fee for a

17-43

psychiatric and mental health clinical nurse specialist, shall be one hundred and thirty dollars

17-44

($130) biennially; ninety dollars ($90.00) for the registered nurse fee plus forty dollars ($40.00)

17-45

for the psychiatric and mental health clinical nurse specialist. The fee and the for application fee

17-46

for prescriptive privileges shall be fifty dollars ($50.00) as set forth in § 23-1-54.

17-47

     SECTION 9. Section 5-34.2-4 of the General Laws in Chapter 5-34.2 entitled “Nurse

17-48

Anesthetists” is hereby amended to read as follows:

17-49

     5-34.2-4. Duties of board. -- (a) Applications. Applicants for licensure shall submit

17-50

appropriate certification credentials, as described in § 5-34.2-3, plus an application fee (not

17-51

refundable) made payable to the general treasurer, state of Rhode Island, for one hundred and

17-52

thirty dollars ($130) as set forth in § 23-1-54.

17-53

     (b) Renewal. Licensure as a nurse anesthetist shall be renewed during the same period as

17-54

the professional registered nurses license to practice in Rhode Island. Renewal fee for a nurse

17-55

anesthetists license shall be one hundred and thirty ($130), ninety dollars ($90.00) of this shall be

17-56

for the professional registered nurses license and forty dollars ($40.00) of this shall be for the

17-57

nurse anesthetists license as set forth in § 23-1-54.

17-58

     (c) Revocations, suspension or refusal to renew licensure. The board may revoke,

17-59

suspend or refuse to renew the licensure of any nurse anesthetist, if the board finds that the person

17-60

fails to meet the requirements for practice as a nurse anesthetist specified in either this chapter or

17-61

board regulation.

17-62

     (d) Announcement of practice. No person may practice or advertise as a nurse anesthetist

17-63

or use other words, letters, signs, figures or devices to indicate that the person is a certified

17-64

registered nurse anesthetist, CRNA, until the person has first been licensed by the board.

17-65

     SECTION 10. Sections 5-35.1-4, 5-35.1-7 and 5-35.1-20 of the General Laws in Chapter

17-66

5-35.1 entitled “Optometrists” are hereby amended to read al follows:

17-67

     5-35.1-4. Fee for license. -- Every applicant shall pay to the department a fee of ninety

17-68

dollars ($90.00) as set forth in § 23-1-54 which shall accompany his or her application for a

18-1

license.

18-2

     5-35.1-7. Renewal of license to practice optometry. --Every licensed optometrist who

18-3

desires to continue the practice of optometry shall attest to the completion of a prescribed course

18-4

of continuing optometric education. He or she shall annually pay to the department a renewal fee

18-5

of one hundred seventy dollars ($170). An additional fee of seventy dollars ($70.00) shall be

18-6

charged to the licensee who fails to renew by the license expiration date. Retirement from

18-7

practice in this state for a period not exceeding five (5) years shall not deprive the holder of a

18-8

certificate of license or the right to renew a certificate upon the payment of all annual renewal

18-9

fees remaining unpaid, and a further fifty dollars ($50.00) as together with an added fee. All fees

18-10

required by this section shall be as set forth in § 23-1-54.

18-11

     5-35.1-20 Penalty for violations. -- Any person who violates the provisions of this

18-12

chapter shall be punished by a fine or not more than two hundred dollars ($200) that set forth in §

18-13

23-1-54, or shall be imprisoned for not more than three (3) months for each offense.

18-14

     SECTION 11. Section 5.35.2-3 of the General Laws in Chapter 5-53.2 entitled

18-15

“Opticians” is hereby amended to read as follows:

18-16

     5-35.2-3. Optician's biennial license fee. -- Every applicant shall pay to the department

18-17

a fee of ninety dollars ($90) as set forth in § 23-1-54 which shall accompany his or her

18-18

application for a license. No one shall be permitted to practice opticianry without a valid license.

18-19

     SECTION 12. Sections 5-37-2, 5-37-10, 5-37-16 and 5-37-16.1 of the General Laws in

18-20

Chapter 5-37 entitled “Board of Medical Licensure and Discipline” are hereby amended to read

18-21

as follows:

18-22

     5-37-2. License to practice -- Qualifications of applicants -- Fee – Reexamination. --

18-23

(a) Authority to practice allopathic or osteopathic medicine under this chapter shall be by a

18-24

license issued by the director of the department of health to any reputable physician who intends

18-25

to practice allopathic or osteopathic medicine in this state, and who meets the requirements for

18-26

licensure established in this chapter and regulations established by the board or by the director.

18-27

Applicants for licensure shall present satisfactory evidence of graduation from a medical school

18-28

or school of osteopathic medicine approved by the board and in good standing, shall meet post

18-29

graduate training requirements and any other requirements that the board or director establishes

18-30

by regulation, and shall pass in a satisfactory manner any examination that the board may require.

18-31

Any physician applying for licensure shall pay an a non refundable application fee of five

18-32

hundred and seventy dollars ($570) and that fee shall in no case be returned. Applicants requiring

18-33

reexamination shall submit a fee of five hundred and seventy dollars ($570) and when applicable

18-34

a reexamination fee for each reexamination, in a total amount as set forth in § 23-1-54.

19-1

     (2) A license to practice allopathic medicine shall be issued to persons who have

19-2

graduated from a school of medicine, possess a degree of doctor of medicine (or meet the

19-3

requirements of subsection (b) of this section), and meet the requirements for licensure.

19-4

     (3) A license to practice osteopathic medicine shall be issued to persons who have

19-5

graduated from a school of osteopathic medicine and possess a degree of doctor of osteopathy

19-6

and otherwise meet the requirements for licensure. A license to practice osteopathic medicine

19-7

shall confer upon the holder the right to practice osteopathic medicine in all its branches as taught

19-8

and practiced in accredited colleges of osteopathic medicine. The holder of that license shall be

19-9

subject to the same duties and liabilities and entitled to the same rights and privileges, which may

19-10

be imposed by law or governmental regulation, upon physicians of any school of medicine.

19-11

     (b) Qualification of Certain Other Applicants for License. Notwithstanding any other

19-12

provisions of this section an individual, who at the time of his or her enrollment in a medical

19-13

school outside the United States is a citizen of the United States, shall be eligible to apply for a

19-14

certificate pursuant to this section if he or she has satisfied the following requirements:

19-15

     (i) Has studied medicine in a medical school located outside the United States, which is

19-16

recognized by the World Health Organization;

19-17

     (ii) Has completed all of the formal requirements of the foreign medical school except

19-18

internship and/or social service;

19-19

     (iii) Has attained a score satisfactory to a medical school approved by the liaison

19-20

committee on medical education on a qualifying examination acceptable to the state board for

19-21

medicine, and has satisfactorily completed one academic year of supervised clinical training

19-22

under the direction of any United States medical school;

19-23

     (iv) Has completed the post-graduate hospital training required by the board of applicants

19-24

for licensure; and

19-25

     (v) Has passed the examination required by the board of all applicants for licensure.

19-26

     (2) Satisfaction of the requirements of subdivision (1) of this subsection is in lieu of the

19-27

completion of any foreign internship and/or social service requirements, and no such

19-28

requirements are a condition of licensure as a physician in this state.

19-29

     (3) Satisfaction of the requirements of subdivision (1) of this subsection is in lieu of

19-30

certification by the educational council for foreign medical graduates, and this certification is not

19-31

a condition of licensure as a physician in this state.

19-32

     (4) No hospital licensed by this state, or operated by the state or a political subdivision of

19-33

the state, or which receives state financial assistance, directly or indirectly, requires an individual,

19-34

who at the time of his or her enrollment in a medical school outside the United States is a citizen

20-1

of the United States, to satisfy any requirements other than those contained in paragraphs

20-2

(1)(i),(ii), and (iii) of this subsection prior to commencing an internship or residency.

20-3

     (5) A document granted by a medical school located outside the United States which is

20-4

recognized by the World Health Organization issued after the completion of all the formal

20-5

requirements of that foreign medical school except internship and/or social service, upon

20-6

certification by the medical school in which this training was received of satisfactory completion

20-7

by the person to whom this document was issued of the requirements in paragraph (1)(iii) of this

20-8

subsection, shall be deemed the equivalent of a degree of doctor of medicine for purposes of

20-9

licensure and practice as a physician in this state.

20-10

     (6) No funds appropriated by the general assembly to any school or college of medicine

20-11

shall be disbursed until the director of the department of health has certified that this school or

20-12

college has established, and will maintain until December 31, 1989, a clinical training program as

20-13

contemplated by paragraph (1)(iii) of this subsection, to accommodate residents of this state

20-14

deemed qualified by that school or college of medicine consistent with that school's or college's

20-15

educational resources.

20-16

     5-37-10. Annual registration – Physicians -- Hospitals. -- (a) Effective beginning in

20-17

calendar year 2004, on or before the first day of March in each year, the board shall mail an

20-18

application for biannual registration to every person to whom a license to practice medicine in

20-19

this state has been granted by the licensing authority in the state. Every licensed person who

20-20

intends to engage in the practice of his or her profession during the ensuing two (2) year period

20-21

shall register his or her license by submitting to the board, on or before June 1, the application,

20-22

executed together with the registration form, and fee as established by regulation by the director

20-23

of the department of health. Upon receipt of the application and fee the board shall issue a

20-24

registration certificate effective July 1 and expiring two (2) years following on June 30. The

20-25

registration certificate renders the holder a registered practitioner of medicine for that registration

20-26

period. Effective beginning in calendar year 2004, any references in this chapter to annual

20-27

registration or annual limited registration shall be interpreted to mean biannual registration and

20-28

biannual limited registration, respectively.

20-29

     (b) The registration certificate of all physicians whose renewals accompanied by the

20-30

prescribed fee are not completed and filed on or before the first day of July shall automatically

20-31

lapse. The board may, in its discretion and upon the payment by the physician of the current

20-32

registration fee plus an additional fee of one hundred and thirty dollars ($130) as set forth in § 23-

20-33

1-54, reinstate any certificate lapsed under the provisions of this section.

21-34

     (c) Hospitals shall, on or before the first day of December of each year, submit an

21-35

application and annual fee to the board as a condition of rendering hospital services in the state.

21-36

The form of application and fee shall be as the director, by regulation, establishes; provided, that

21-37

the ratio of payment between hospital per bed licensing fees and the combined licensing and

21-38

board of medical licensure and discipline fees paid by physicians remain the same as the ratio that

21-39

existed as of January 1, 1987. All fees collected pursuant to this section shall be deposited as

21-40

general revenues.

21-41

     5-37-16. Limited registrations. -- (a) An applicant for limited registration under this

21-42

chapter who furnishes the board with satisfactory proof that the applicant is eighteen (18) years of

21-43

age or older and of good moral character, that the applicant has graduated from a legally

21-44

chartered medical school or school of osteopathic medicine having power to grant degrees in

21-45

allopathic or osteopathic medicine, and that the applicant has been appointed an intern, resident,

21-46

fellow or medical officer in a hospital or other institution maintained by the state, or by a city or

21-47

town, or in a hospital or clinic which is incorporated under the laws of this state, or in a clinic

21-48

which is affiliated with a hospital licensed by the department of health, or in an out-patient clinic

21-49

operated by the state, may, upon the payment of forty dollars ($40.00) as set forth in § 23-1-54,

21-50

be registered by the board as a hospital medical officer for any time that the board may prescribe.

21-51

This limited registration shall entitle the applicant to practice medicine in the hospital or other

21-52

institution designated on his or her certificate of limited registration, or outside this hospital or

21-53

other institution for the treatment, under the supervision of one of its medical officers who is a

21-54

licensed physician, of persons accepted by it as patients, or in any hospital, institution, clinic, or

21-55

program affiliated for training purposes with the hospital, institution, or clinic designated on this

21-56

certificate, which affiliation is approved by the board, and in any case under regulations

21-57

established by the hospital, institution, or clinic; provided, that each hospital, institution, or clinic

21-58

annually submits to the board a list of affiliated hospitals, institutions, clinics, or programs

21-59

providing training programs which comply with the terms of this section. Limited registration

21-60

under this section may be revoked at any time by the board.

21-61

     (b) The director may promulgate any rules and regulations that he or she deems necessary

21-62

to carry out the provisions of this chapter.

21-63

     5-37-16.1. Limited registration – Academic faculty. -- Notwithstanding any other

21-64

provisions of this chapter, a physician of noteworthy and recognized professional attainment who

21-65

is a clearly outstanding physician and who has been offered by the dean of a medical school in

21-66

this state a full-time academic appointment, shall be eligible for a limited registration while

21-67

serving on the academic staff of the medical school. Upon recommendation of the dean of an

21-68

accredited school of medicine in this state, the board in its discretion, after being satisfied that the

22-1

applicant is a graduate of a foreign medical school and a person of professional rank whose

22-2

knowledge and special training will benefit the medical school in this state, may issue to this

22-3

physician a limited registration to engage in the practice of medicine to the extent that this

22-4

practice is incidental to a necessary part of his or her academic appointment and then only in the

22-5

hospital or hospitals and out-patient clinics connected with the medical school. Except to the

22-6

extent authorized by this section, the registrant shall not engage in the practice of medicine or

22-7

receive compensation for his or her limited registration work, unless he or she is issued a license

22-8

to practice medicine in accordance with the provisions of § 5-37-2. The registration shall be valid

22-9

for a period of not more than one year expiring on the 30th day of June following its initial

22-10

effective date but may be renewed annually; provided, that the registration automatically expires

22-11

when the holder's relationship with the medical school is terminated. The application fee for the

22-12

initial registration authorized under this section shall be four hundred and sixty dollars ($460);

22-13

and the initial application fee for annual renewal shall be one hundred and thirty dollars ($130) as

22-14

set forth in § 23-1-54. thereafter Thereafter the fees shall be as promulgated by regulation of the

22-15

director.

22-16

     SECTION 13. Section 5-37.2-10, 5-37.2-13 and 5-37.2-14 of General Laws entitled “The

22-17

Healing Art of Acupuncture” are hereby amended to read as follows:

22-18

     5-37.2-10. Application for licenses -- Fees. -- An applicant for examination for a license

22-19

to practice acupuncture or any branch of acupuncture, shall:

22-20

     (1) Submit an application to the department on forms provided by the department;

22-21

     (2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and

22-22

meets the appropriate education requirements;

22-23

     (3) Pay a fee of one hundred and seventy dollars ($170) as set forth in § 23-1-54 and

22-24

     (4) Pay any fees required by the department for an investigation of the applicant or for the

22-25

services of a translator, if required, to enable the applicant to take the examination.

22-26

     5-37.2-13. Issuance of license for acupuncture assistant. -- An applicant for a license

22-27

for acupuncture assistant shall be issued a license by the department if he or she:

22-28

      (1) Has successfully completed a course of study in acupuncture in any college or school

22-29

in any country, territory, province, or state requiring any attendance to thirty-six (36) months;

22-30

      (2) Practiced acupuncture for not less than three (3) years; and

22-31

      (3) Passes the examination of the department for acupuncture assistant. ;and

22-32

     (4) Pays any fees as set forth in section 23-1-54.

22-33

     5-37.2-14. Recordation and display of licenses – Annual registration fee – Penalties

22-34

for failure to pay fee. -- (a) Every person holding a license authorizing him or her to practice

23-1

acupuncture or to serve as an acupuncture assistant in this state shall record his or her license with

23-2

the city or town hall in the city or town where his or her office and residence are located. Every

23-3

licensee upon a change of residence or office shall have his or her certificate recorded in the same

23-4

manner in the municipality to which he or she has changed.

23-5

     (b) Every license shall be displayed in the office, place of business, or place of

23-6

employment of the license holder.

23-7

     (c) Every person holding a license shall pay to the department on or before February 1 of

23-8

each year, the annual registration fee required pursuant to subsection (e) of this section

23-9

department rules and regulation. If the holder of a license fails to pay the registration fee his or

23-10

her license shall be suspended. The license may be reinstated by payment of the required fee

23-11

within ninety (90) days after February 1.

23-12

     (d) A license which is suspended for more than three (3) months under the provisions of

23-13

subsection (c) of this section may be canceled by the board after thirty (30) days notice to the

23-14

holder of the license.

23-15

     SECTION 14. Section 5-39.1-9 of the General Laws in Chapter 5-39.1 entitled “License

23-16

Procedure for Social Workers” is hereby amended to read as follows:

23-17

     5-39.1-9. Fees and renewal. --The initial fee for application for licensure is one hundred

23-18

and seventy dollars ($170). Licenses shall be renewed and the renewal fee every twenty-four (24)

23-19

months after initial licensure upon payment of a fee of one hundred and seventy dollars ($170)

23-20

shall be as set forth in § 23-1-54. Renewal shall be approved upon payment of the fee and in

23-21

compliance with any additional requirements that the board promulgates.

23-22

     SECTION 15. Sections 5-40-8, 5-40-8.1, and 5-40-10 of the General Laws in Chapter 5-

23-23

40 entitled “Physical Therapists” are hereby amended to read as follows:

23-24

     5-40-8. Application fee for physical therapists. -- When an application is submitted to

23-25

the division of professional regulation for a license to practice physical therapy in Rhode Island

23-26

pursuant to this chapter, either by endorsement or by examination, the applicant shall pay a fee of

23-27

one hundred and seventy dollars ($170) as set forth in § 23-1-54 to the state department of health.

23-28

     5-40-8.1. Application fee for physical therapists assistants. -- When an application is

23-29

submitted to the department for a license to practice physical therapy in Rhode Island pursuant to

23-30

this chapter, either by endorsement or by examination, the applicant shall pay a fee of one

23-31

hundred and thirty dollars ($130) as set forth in § 23-1-54 to the general treasurer of the state of

23-32

Rhode Island.

23-33

     5-40-10. Continuing education requirements and expiration and renewal of licenses.

23-34

-- (a) The certificate of every person licensed under the provisions of this chapter shall expire on

24-1

the first day of May of the next even year following the date of original licensure. On or before

24-2

the first day of March of each year, the department shall mail an application for renewal of

24-3

license to every person to whom a license has been issued or renewed during the current licensure

24-4

period. Every licensed person who desires to renew his or her license shall provide satisfactory

24-5

evidence to the department that in the preceding two (2) years the practitioner has completed the

24-6

twenty-four (24) required continuing education hours as established by the department through

24-7

rules and regulations and shall file with department a renewal application executed together with

24-8

a renewal fee of ninety dollars ($90.00) for physical therapists and seventy dollars ($70.00) for

24-9

physical therapist assistants as set forth in § 23-1-54 on or before the thirty-first day of March of

24-10

each even year. The department may extend for only one six (6) month period these educational

24-11

requirements if the department is satisfied that the applicant has suffered hardship, which

24-12

prevented meeting the educational requirement.

24-13

     (b) Upon receipt of the renewal application, and payment of the renewal fee, the accuracy

24-14

of the application shall be verified and the department shall grant a renewal license effective the

24-15

second day of May, and expiring on the first day of May of the next even year.

24-16

     (c) Any person who allows his or her license to lapse by failing to renew it on or before

24-17

the thirty-first day of March of the next even year, as provided in this section, may be reinstated

24-18

by the department on payment of the current renewal fee plus an additional fee of forty dollars

24-19

($40.00) as set forth in § 23-1-54.

24-20

     (d) Any person using the title "physical therapist" or "physical therapist assistant" during

24-21

the time that his or her license has lapsed is subject to the penalties provided for violations in this

24-22

chapter.

24-23

     SECTION 16. Sections 5-40.1-12 and 5-40.1-13 of the General Laws in Chapter 5-40.1

24-24

entitled “Occupational Therapy” are hereby amended to read as follows:

24-25

     5-40.1-12. Renewal of licenses - Inactive status. -- (a) Upon the recommendation of the

24-26

board, the director shall issue to applicants who have satisfactorily met the licensure requirements

24-27

of this chapter, a license to practice occupational therapy in this state. The license, unless sooner

24-28

suspended or revoked, shall expire on the thirty-first (31st) day of March, of each even year

24-29

(biennially).

24-30

     (1) On or before the first (1st) day of March of each even year, the administrator of the

24-31

division shall mail an application for renewal of license to every individual to whom a license has

24-32

been issued or renewed during the current licensure period.

24-33

     (2) Every licensed individual who desires to renew his or her license shall file with the

24-34

division a renewal application executed together with the evidence of continuing education

25-1

requirements as delineated in subdivision (3) of this subsection and the renewal fee of ninety

25-2

dollars ($90.00) as set forth in § 23-1-54 made payable by check to the general treasurer, state of

25-3

Rhode Island, on or before the thirty-first (31st) day of March of each even year.

25-4

     (3) On application for renewal of license, occupational therapists and occupational

25-5

therapy assistants must show proof of participation in twenty (20) hours biennially in

25-6

presentations, clinical instruction, publications, research, in-service programs, American

25-7

Occupational Therapy Association-recognized conferences, university course, and/or self-study

25-8

courses.

25-9

     (4) Upon receipt of a renewal application and payment of fee, the director shall, upon the

25-10

recommendation of the board, grant a renewal license effective the thirty-first (31st) day of

25-11

March for a period of two (2) years, unless sooner suspended or revoked.

25-12

     (5) Any individual who allows his or her license to lapse by failing to renew it on or

25-13

before the thirty-first (31st) day of March of the next even year as provided in subdivisions (1),

25-14

(2) and (3) of this subsection, may be reinstated by the director upon receiving a receipt from the

25-15

division for payment of the current renewal fee plus an additional forty dollars ($40.00) fee as set

25-16

forth in § 23-1-54 made payable by check to the general treasurer, state of Rhode Island.

25-17

     (6) An individual using the title "occupational therapist" or "occupational therapy

25-18

assistant" during the time his or her license has lapsed is subject to the penalties provided for

25-19

violation of those regulations and this chapter.

25-20

     (b) An individual licensed as an occupational therapist or occupational therapy assistant

25-21

in this state who does not intend to engage in the practice of occupational therapy within this state

25-22

during any year, may upon request to the division, have his or her name transferred to an inactive

25-23

status and shall not be required to register biennially or pay any fee as long as he or she remains

25-24

inactive. Any individual whose name has been transferred to an inactive status pursuant to this

25-25

section, may be restored to active status to practice occupational therapy without a penalty fee,

25-26

upon the filing of an application for licensure renewal, the licensure renewal fee of ninety dollars

25-27

($90.00) as set forth in § 23-1-54 made payable by check to the general treasurer of the state of

25-28

Rhode Island, and any other information that may be requested by the division.

25-29

     5-40.1-13. Fees. -- When an application is submitted to the division of professional

25-30

regulation for a license to practice occupational therapy in Rhode Island, the applicant shall pay a

25-31

non-refundable fee of ninety dollars ($90.00) to the general treasurer. A licensee shall submit a

25-32

biennial renewal fee of ninety dollars ($90.00) with a renewal application on or before the thirty-

25-33

first (31st) day of March of each even year pursuant to the requirements of § 5-40.1-12(a)(2), and

25-34

any person who allows his or her license to lapse by failing to renew it in the prescribed manner

26-1

shall pay an additional fee of forty dollars ($40.00) as referred to in § 5-40.1-12(a)(5). All fees

26-2

required by this section shall be as set forth in § 23-1-54.

26-3

     SECTION 17. Sections 5-44-12, 5-44-13, and 5-44-15 of the General Laws in Chapter 5-

26-4

44 entitled “Psychologists” are hereby amended to read as follows:

26-5

     5-44-12. Application fee. -- The applicant applying for licensure as a psychologist shall

26-6

pay a fee of two hundred and fifty dollars ($250) as set forth in § 23-1-54 to the department.

26-7

     5-44-13. Temporary license. -- (a) Pursuant to §§ 5-44-6 and 5-44-23(e) of this chapter

26-8

and rules and regulations promulgated hereunder, a temporary permit to practice psychology

26-9

under supervision may be granted to a candidate for licensure who has paid the required fee of

26-10

ninety dollars ($90.00) as set forth in § 23-1-54 and has satisfied the following requirements:

26-11

     (1) Filed an application for licensure with all required supporting materials;

26-12

     (2) Has received a doctoral degree in accordance with §5-44-10, and successfully

26-13

completed a national examination approved by the board;

26-14

     (3) Shall only practice under the appropriate supervision of a licensed psychologist as

26-15

delineated in the rules and regulations promulgated hereunder;

26-16

     (4) Shall refrain from using the title "psychologist" or representing himself or herself as a

26-17

psychologist other than by using the title "psychology student", "psychology trainee" or

26-18

"psychology intern"; and

26-19

     (5) The temporary permit shall be valid for a period of two (2) years from the date of

26-20

issuance.

26-21

     (b) Temporary permit holders may request from the board a one year extension. Such an

26-22

extension may be granted at the discretion of the board upon review of the applicant's

26-23

circumstances. This extension shall only be granted once.

26-24

     5-44-15. Expiration and renewal of licenses – Continuing education – Lapsed

26-25

license. -- (a) The license of every person licensed under the provisions of this chapter shall

26-26

expire on the first day of July of the next even-numbered year following the issuance of his or her

26-27

license.

26-28

     (b) On or before the first day of May of each even-numbered year, the department shall

26-29

mail an application for renewal of license to every person to whom a license has been issued or

26-30

renewed during the cycle.

26-31

     (c) Every licensed person who desires to renew his or her license shall file with the

26-32

department a renewal application, executed, together with a renewal fee of three hundred and

26-33

forty dollars ($340) as set forth in § 23-1-54, on or before the first day of June in each even-

26-34

numbered year. Upon receipt of a renewal application and payment of the renewal fee, the

27-1

accuracy of the application shall be verified and the department may grant a renewal license

27-2

effective July 1st and expiring the June 30th in each even-numbered year.

27-3

     (d) Every licensed psychologist who desires to continue licensure as a licensed

27-4

psychologist shall present satisfactory evidence to the board and approved by rule or regulation of

27-5

the board that the licensed psychologist has completed a prescribed course of continuing licensed

27-6

psychological education.

27-7

     (e) Any person who allows his or her license to lapse, by failing to renew it on or before

27-8

June 1st in each even-numbered year, as provided in this section, may be reinstated by the

27-9

department on payment of the current renewal fee, plus an additional fee of forty dollars ($40.00)

27-10

as set forth in § 23-1-54. Any person using the title "psychologist" or offering services defined as

27-11

the practice of psychology under this chapter during the time his or her license has lapsed is

27-12

subject to the penalties provided for violation of this chapter.

27-13

     SECTION 18. Section 5-45-7 and 5-45-10 of the General Laws in Chapter 5-45 entitled

27-14

“Nursing Home Administrators” is hereby amended to read as follows:

27-15

     5-45-7. Qualification for licensure. -- In order to be eligible for licensure pursuant to

27-16

this chapter, a person shall:

27-17

      (1) Be not less than eighteen (18) years of age and of good moral character.

27-18

      (2) Have satisfactorily completed a course of instruction and training approved by the

27-19

department. The course shall be designed as to content and administered as to present sufficient

27-20

knowledge of the needs properly to be served by nursing homes, laws governing the operation of

27-21

nursing homes and the protection of the interests of patients in the nursing homes, and the

27-22

elements of good nursing home administration.

27-23

      (3) Have passed an examination conducted by the board and designed to test for

27-24

competence in the subject matter referred to in subdivision (2) of this section. Where the

27-25

department deems it appropriate for purposes of according with religious teachings, the

27-26

examination of an individual may exclude any subjects which could be considered in derogation

27-27

of, or in conflict with, the teachings and practice of any recognized religious faith. Any license

27-28

issued on the basis of that abridged examination shall be annotated to designate the appropriate

27-29

limitation of the type of facility of which the licensed individual may be an administrator.

27-30

     (4) Pay licensure fees as set forth in section 23-1-54.

27-31

     5-45-10. Renewal of licenses - Continuing education. -- (a) Every holder of a nursing

27-32

home administrator's license shall renew it every two (2) years by applying to the department on

27-33

forms provided by that agency.

28-34

     (b) Each renewal application shall be accompanied by the fee of two hundred dollars

28-35

($200) as set forth in § 23-1-54.

28-36

     (c) Beginning January 1, 1996, proof of satisfactory completion of a minimum of forty

28-37

(40) clock hours of continuing education every two (2) years must be submitted with the renewal

28-38

application.

28-39

     (d) Renewals shall be granted as a matter of course, unless the agency finds the applicant

28-40

has acted or failed to act in a manner or under circumstances that would constitute grounds for

28-41

suspension or revocation of a license.

28-42

     SECTION 19. Sections 5-48-1 and 5-48-9 of the General Laws in Chapter 5-48 entitled

28-43

“Speech Pathology and Audiology” are hereby amended to read as follows:

28-44

     5-48-1. Purpose and legislative intent – Definitions. -- (a) It is declared to be a policy

28-45

of this state that the practice of speech language pathology and audiology is a privilege granted to

28-46

qualified persons and that, in order to safeguard the public health, safety, and welfare, protect the

28-47

public from being misled by incompetent, unscrupulous, and unauthorized persons, and protect

28-48

the public from unprofessional conduct by qualified speech language pathologists and

28-49

audiologists, it is necessary to provide regulatory authority over persons offering speech language

28-50

pathology and audiology services to the public.

28-51

     (b) The following words and terms when used in this chapter have the following meaning

28-52

unless otherwise indicated within the context:

28-53

     (1) "Audiologist" means an individual licensed by the board to practice audiology.

28-54

     (2) "Audiology" means the application of principles, methods, and procedures related to

28-55

hearing and the disorders of the hearing and balance systems, to related language and speech

28-56

disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is

28-57

defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the

28-58

physiological auditory/vestibular systems.

28-59

     (3) "Audiology support personnel" means individuals who meets minimum

28-60

qualifications, established by the board, which are less than those established by this chapter as

28-61

necessary for licensing as an audiologist, who do not act independently, and who work under the

28-62

direction and supervision of an audiologist licensed under this chapter who has been actively

28-63

working in the field for twenty-four (24) months after completion of the postgraduate

28-64

professional experience and who accepts the responsibility for the acts and performances of the

28-65

audiology assistant while working under this chapter.

28-66

     (4) "Board" means the state board of examiners for speech language pathology and

28-67

audiology.

29-68

     (5) "Clinical fellow" means the person who is practicing speech language pathology

29-69

under the supervision of a licensed speech language pathologist while completing the

29-70

postgraduate professional experience as required by this chapter.

29-71

     (6) "Department" means the Rhode Island department of health.

29-72

     (7) "Director" means the director of the Rhode Island department of health.

29-73

     (8) "Person" means an individual, partnership, organization, or corporation, except that

29-74

only individuals can be licensed under this chapter.

29-75

     (9) "Practice of audiology" means rendering or offering to render any service in

29-76

audiology, including prevention, screening, and identification, evaluation, habilitation,

29-77

rehabilitation; participating in environmental and occupational hearing conservation programs,

29-78

and habilitation and rehabilitation programs including hearing aid and assistive listening device

29-79

evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training

29-80

and speech reading; conducting and interpreting tests of vestibular function and nystagmus;

29-81

conducting and interpreting electrophysiological measures of the auditory pathway; cerumen

29-82

management; evaluating sound environment and equipment; calibrating instruments used in

29-83

testing and supplementing auditory function; and planning, directing, conducting or supervising

29-84

programs that render or offer to render any service in audiology.

29-85

     (ii) The practice of audiology may include speech and/or language screening to a pass or

29-86

fail determination, for the purpose of initial identification of individuals with other disorders of

29-87

communication.

29-88

     (iii) A practice is deemed to be the "practice of audiology" if services are offered under

29-89

any title incorporating such word as "audiology", "audiologist", "audiometry", "audiometrist",

29-90

"audiological", "audiometrics", "hearing therapy", "hearing therapist", "hearing clinic", "hearing

29-91

clinician", "hearing conservation", "hearing conservationist", "hearing center", "hearing aid

29-92

audiologist", or any similar title or description of services.

29-93

     (10) "Practice of speech language pathology" means rendering or offering to render any

29-94

service in speech language pathology including prevention, identification, evaluation,

29-95

consultation, habilitation, rehabilitation; determining the need for augmentative communication

29-96

systems, dispensing and selling these systems, and providing training in the use of these systems;

29-97

and planning, directing, conducting, or supervising programs that render or offer to render any

29-98

service in speech language pathology.

29-99

     (ii) The practice of speech language pathology may include nondiagnostic pure tone air

29-100

conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or

29-101

fail determination, for the purpose of performing a speech and language evaluation or for the

29-102

initial identification of individuals with other disorders of communication.

30-1

     (iii) The practice of speech language pathology also may include aural rehabilitation,

30-2

which is defined as services and procedures for facilitating adequate receptive and expressive

30-3

communication in individuals with hearing impairment.

30-4

     (iv) A practice is deemed to be the "practice of speech language pathology" if services are

30-5

offered under any title incorporating such words as "speech pathology", "speech pathologist",

30-6

"speech therapy", "speech therapist", "speech correction", "speech correctionist", "speech clinic",

30-7

"speech clinician", "language pathology", "language pathologist", "voice therapy", "voice

30-8

therapist", "voice pathology", "voice pathologist", "logopedics", "logopedist", "communicology",

30-9

"communicologist", "aphasiology", "aphasiologist", "phoniatrist", or any similar title or

30-10

description of services.

30-11

     (11) "Regionally accredited" means the official guarantee that a college or university or

30-12

other educational institution is in conformity with the standards of education prescribed by a

30-13

regional accrediting commission recognized by the United States Secretary of Education.

30-14

     (12) "Speech language pathologist" means an individual who is licensed by the board to

30-15

practice speech language pathology.

30-16

     (13) "Speech language pathology" means the application of principles, methods, and

30-17

procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation,

30-18

instruction, and research related to the development and disorders of human communication.

30-19

Disorders are defined to include any and all conditions, whether of organic or non-organic origin,

30-20

that impede the normal process of human communication in individuals or groups of individuals

30-21

who have or are suspected of having these conditions, including, but not limited to, disorders and

30-22

related disorders of:

30-23

     (i) Speech: articulation, fluency, voice, (including respiration, phonation and resonance);

30-24

     (ii) Language (involving the parameters of phonology, morphology, syntax, semantics

30-25

and pragmatics; and including disorders of receptive and expressive communication in oral,

30-26

written, graphic, and manual modalities);

30-27

     (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g.,

30-28

dysphasia, including disorders of swallowing and oral function for feeding; oro-facial

30-29

myofunctional disorders);

30-30

     (iv) Cognitive aspects of communication (including communication disability and other

30-31

functional disabilities associated with cognitive impairment); and

30-32

     (v) Social aspects of communication (including challenging behavior, ineffective social

30-33

skills, lack of communication opportunities).

31-34

     (14) "Speech language support personnel" means individuals who meet minimum

31-35

qualifications established by the board, which are less than those established by this chapter as

31-36

necessary for licensing as a speech language pathologist, who do not act independently, and who

31-37

work under the direction and supervision of a speech language pathologist licensed under this

31-38

chapter who has been actively working in the field for twenty-four (24) months after completion

31-39

of the postgraduate professional experience and who accepts the responsibility for the acts and

31-40

performances of the speech language pathology assistant while working under this chapter.

31-41

Speech language support personnel shall be registered with the board within thirty (30) days of

31-42

beginning work, or the supervising speech language pathologist will be assessed a late filing fee

31-43

of seventy dollars ($70.00) as set forth in § 23-1-54.

31-44

     5-48-9. Fees -- Late filing -- Inactive status. -- Filing fees for support personnel

31-45

registration. - (a) The board may charge an application fee of fifty dollars ($50.00); a biennial

31-46

license renewal fee of ninety dollars ($90.00) payable before July 1 of even years (biennially); or

31-47

a provisional license renewal fee of fifty dollars ($50.00) as set forth in § 23-1-54 payable

31-48

annually from the date of issue.

31-49

     (b) Any person who allows his or her license to lapse by failing to renew it on or before

31-50

the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on

31-51

payment of the current renewal fee plus an additional late filing fee of forty dollars ($40.00) as set

31-52

forth in § 23-1-54.

31-53

     (c) An individual licensed as a speech language pathologist and/or audiologist in this

31-54

state, not in the active practice of speech-language pathology or audiology within this state during

31-55

any year, may upon request to the board, have his or her name transferred to an inactive status

31-56

and shall not be required to register biennially or pay any fee as long as he or she remains

31-57

inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing

31-58

periods, after which period licensure shall be terminated and reapplication to the board shall be

31-59

required to resume practice.

31-60

     (d) Any individual whose name has been transferred to an inactive status may be restored

31-61

to active status within two (2) licensing periods without a penalty fee, upon the filing of:

31-62

     (1) An application for licensure renewal, with a licensure renewal fee of ninety dollars

31-63

($90.00) as set forth in § 23-1-54 made payable by check to the general treasurer of the state of

31-64

Rhode Island; and

31-65

     (2) Any other information that the board may request.

31-66

     (e) Audiology and speech language pathology support personnel shall be registered with

31-67

the board within thirty (30) days of beginning work, or the supervising audiologist or speech

31-68

language pathologist shall be assessed a late filing fee of fifty dollars ($50.00) as set forth in § 23-

32-1

1-54 .

32-2

     SECTION 20. Sections 5-49-6, 5-49-8, and 5-49-11 of the General Laws in Chapter 5-49

32-3

entitled “Hearing Aid Dealers and Fitters” are hereby amended to read as follows:

32-4

     5-49-6. Issuance of licenses and certificates of endorsement. -- (a) The department

32-5

shall register each applicant without discrimination who passes an examination as provided in §

32-6

5-49-7. Upon the applicant's payment of twenty-five dollars ($25.00) as set forth in § 23-1-54 per

32-7

annum for each year of the term of license, the department shall issue to the applicant a license

32-8

signed by the department. The total fee for the entire term of licensure shall be paid prior to the

32-9

issuance of the license.

32-10

     (b) Whenever the board determines that another state or jurisdiction has requirements

32-11

equivalent to or higher than those in effect pursuant to this chapter, and that this state or

32-12

jurisdiction has a program equivalent to or stricter than the program for determining whether

32-13

applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department

32-14

may issue certificates of endorsement to applicants who hold current, unsuspended, and

32-15

unrevoked certificates or licenses to fit and sell hearing aids in that other state or jurisdiction.

32-16

     (c) No applicant for certificate of endorsement shall be required to submit to or undergo a

32-17

qualifying examination, etc., other than the payment of fees, pursuant to § 5-49-11 as set forth in

32-18

§ 23-1-54.

32-19

     (d) The holder of a certificate of endorsement shall be registered in the same manner as a

32-20

licensee. The fee for an initial certificate of endorsement shall be the same as the fee for an initial

32-21

license. Fees, grounds for renewal, and procedures for the suspension and revocation of

32-22

certificates of endorsement shall be the same as for renewal, suspension, and revocation of a

32-23

license.

32-24

     5-49-8. Temporary permits. -- (a) An applicant who fulfills the requirements regarding

32-25

age, character, education, and health as provided in § 5-49-7, may obtain a temporary permit

32-26

upon application to the department. Previous experience or a waiting period shall not be required

32-27

to obtain a temporary permit.

32-28

     (b) Upon receiving an application as provided under this section, and accompanied by a

32-29

fee of twenty-five dollars ($25.00) as set forth in § 23-1-54, the department shall issue a

32-30

temporary permit which entitles the applicant to engage in the fitting and sale of hearing aids for

32-31

a period of one year.

32-32

     (c) A person holding a valid hearing aid dealer's and fitter's license is responsible for the

32-33

supervision and training of that applicant and maintain adequate personal contact.

33-34

     (d) If a person who holds a temporary permit under this section has not successfully

33-35

passed the licensing examination within one year from the date of issuance of the permit, the

33-36

temporary permit may be renewed or reissued once upon payment of a twenty-five dollar

33-37

($25.00) fee as set forth in § 23-1-54.

33-38

     5-49-11. Duration of license – Renewal of license – Fees – Effect of failure to renew. -

33-39

- (a) The department shall promulgate rules and regulations mandating the term of license for

33-40

each category of license issued pursuant to this chapter. No license shall remain in force for a

33-41

period in excess of two (2) years.

33-42

     (1) Each person who engages in the fitting and sale of hearing aids shall pay to the

33-43

department a fee, assessed at thirty-one dollars and twenty-five cents ($31.25) as set forth in § 23-

33-44

1-54 per annum for each year of the term of license, for a renewal of his or her license.

33-45

     (2) The renewal certificate shall be conspicuously posted in his or her office or place of

33-46

business at all times.

33-47

     (3) Where more than one office is operated by the licensee, duplicate certificates shall be

33-48

issued by the department for posting in each location.

33-49

     (b) A thirty (30) day grace period shall be allowed during which time licenses may be

33-50

renewed on payment of a fee to the department of twenty-five dollars ($25.00) as set forth in §

33-51

23-1-54 per annum for each year of the term of renewal.

33-52

     (c) After expiration of the grace period, the department may renew those certificates upon

33-53

payment to the department of twenty-five dollars ($25.00) a fee as set forth in § 23-1-54 per

33-54

annum for each year of the term of renewal.

33-55

     (d) The total fee for the entire term of license or renewal shall be paid prior to the

33-56

issuance of the license.

33-57

     (e) No person who applies for renewal, whose license has expired, shall be required to

33-58

submit to any examination as a condition to renewal; provided, that the renewal application is

33-59

made within two (2) years from the date of that expiration.

33-60

     SECTION 21. Sections 5-54-9 and 5-54-11 of the General Laws in Chapter 5-54 entitled

33-61

“Physician Assistants” are hereby amended to read as follows:

33-62

     5-54-9. Criteria for licensure as a physician assistant. -- The board shall recommend to

33-63

the director for licensure as a physician assistant an applicant who:

33-64

     (1) Is of good character and reputation;

33-65

     (2) Graduated from a physician assistant training program certified by the AMA's

33-66

Committee on Allied Health, Education, and Accreditation, its successor, the Commission on

33-67

Accreditation of Allied Health Education Programs (CAAHEP) or its successor.

34-68

     (3) Passed a certifying examination approved by the National Commission on

34-69

Certification of Physician Assistants or any other national certifying exam approved by the board.

34-70

     (4) Submitted a completed application together with the required fee of ninety dollars

34-71

($90.00) as set forth in § 23-1-54.

34-72

     5-54-11. Issuance and annual renewal of certificates of licensure. -- (a) The board

34-73

shall recommend to the director for registration those individuals who meet the criteria for

34-74

licensure as stated in this chapter. Upon that recommendation, the director shall issue a certificate

34-75

of licensure as a physician assistant.

34-76

     (b) The certificate of licensure shall expire biannually on the thirtieth (30th) day of June.

34-77

On or before the first day of March in each year, the administrator shall mail an application for a

34-78

renewal certificate to every person licensed under the provisions of this chapter, and every person

34-79

who desires his or her certificate to be renewed shall file with the division the renewal application

34-80

together with a renewal fee of one hundred and seventy dollars ($170) as set forth in § 23-1-54 on

34-81

or before the first day of June in every other year. Upon receipt of the renewal application and

34-82

payment of fee, the accuracy of the application shall be verified and the administrator shall grant

34-83

a renewal certificate effective July 1st and expiring June 30th two years hence, unless the

34-84

certificate is sooner suspended for cause as provided in § 5-54-12.

34-85

     SECTION 22. Sections 5-59.1-5 and 5-59.1-12 of the General Laws in Chapter 5-59.1

34-86

entitled “Rhode Island Orthotics and Prosthetics Practice” are hereby amended to read as follows:

34-87

     5-59.1-5. Application for orthotic or prosthetic license. -- Any person who desires to

34-88

be licensed as set forth in § 5-59.1-4 shall in writing submit an application on forms provided by

34-89

the department for a license accompanied by a fee of three hundred and thirty dollars ($330) as

34-90

set forth in § 23-1-54 with all other credentials that the department requires and as required by

34-91

this chapter. All the proceeds of any fees collected pursuant to the provisions of this chapter shall

34-92

be deposited as general revenues.

34-93

     5-59.1-12. Relicensing - Renewal. -- Every holder of a license issued under this chapter

34-94

shall biannually attest to the department as to current certification issued by the American Board

34-95

of Certification in Orthotics and Prosthetics or the Board for Orthotists/Prosthetist Certification.

34-96

All licenses issued under this chapter shall expire biannually on the last day of September of

34-97

every odd numbered year. A biennial renewal fee of one hundred and seventy dollars ($170) as

34-98

set forth in § 23-1-54 shall be required. Every orthotist and prosthetist shall conform to the

34-99

standards of the American Board for Certification in Orthotics and Prosthetics or Board for

34-100

Orthotists/Prosthetists Certification.

34-101

     SECTION 23. Section 5-60-11 of the General Laws in Chapter 5-60 entitled “Athletic

34-102

Trainers” is hereby amended to read as follows:

35-1

     5-60-11. Fees. -- The fees for applicants Applicants for athletic trainer licenses are:

35-2

     (1) An athletic trainer shall pay a license fee, of sixty-two dollars and fifty cents ($62.50);

35-3

and

35-4

     (2) An athletic trainer and, if applicable, a biennial license renewal fee of sixty-two

35-5

dollars and fifty cents ($62.50) as set forth in § 23-1-54. Any person allowing their license to

35-6

lapse shall pay a twenty-five dollar ($25.00) late fee as set forth in § 23-1-54.

35-7

     SECTION 24. Sections 5-63.2-16 and 5-63.2-17 of the General Laws in Chapter 5-63.2

35-8

entitled “Mental Health Counselors and Marriage and Family Therapists” are hereby amended to

35-9

read as follows:

35-10

     5-63.2-16. Application fee. -- The applicant applying for licensure as a clinical mental

35-11

health counselor or marriage and family therapist shall pay an a non refundable application fee of

35-12

four hundred and sixty dollars ($460) and the fee shall be in no case returned. Applicants

35-13

requiring reexamination shall submit a fee of four hundred and sixty dollars ($460) and, when

35-14

applicable, a reexamination fee for each reexamination. Both fees required by this section are set

35-15

forth in § 23-1-54.

35-16

     5-63.2-17. Expiration and renewal of license. -- (a) Every clinical mental health

35-17

counselor and marriage and family therapist who desires to continue licensure as a licensed

35-18

clinical mental health counselor and licensed marriage and family therapist shall present

35-19

satisfactory evidence to the board and approved by rule or regulation of the board that the

35-20

licensed clinical mental health counselor and licensed marriage and family therapist has

35-21

completed a prescribed course of continuing education. The license of every person licensed

35-22

under the provisions of this chapter shall expire on the first day of July of the next even year

35-23

following the date of his or her license; provided, that no license shall expire prior to July 1,

35-24

1998. On or before the first day of May in each even year, commencing in the year 1998, the

35-25

administrator shall mail an application for renewal of license to every person to whom a license is

35-26

issued or renewed during the current year, and every licensed person who desires to renew his or

35-27

her license files with the division the renewal application executed. This application shall include

35-28

verification of prescribed continuing education requirements, together with three hundred and

35-29

thirty dollars ($330) a renewal fee as set forth in § 23-1-54 on or before the first day of June in

35-30

each even year. Upon receipt of the application and payment of the fee, the accuracy of the

35-31

application shall be verified and the administrator of professional regulation shall grant a renewal

35-32

license effective July 1st and expiring twenty-four (24) months later.

35-33

     (b) Any person who allows his or her license to lapse, by failing to renew it on or before

35-34

June 1st in each year, as provided in this section, shall be reinstated by the administrator of

36-1

professional regulation on payment of the current renewal fee plus an additional fee of seventy

36-2

dollars ($70.00) as set forth in § 23-1-54; and verification of prescribed continuing education

36-3

requirements. Any person using the title "clinical mental health counselor" and/or "marriage and

36-4

family therapist" during the time his or her license has lapsed shall be subject to the penalties

36-5

provided for violation of this chapter; provided, that if a person has allowed his or her licensure to

36-6

lapse for four (4) years or more, he or she shall be reinstated at the discretion of the board.

36-7

     SECTION 25. Sections 5-64-6, 5-64-7 and 5-64-8 of the General Laws in Chapter 5-64

36-8

entitled “The Licensed Dietician” are hereby amended to read as follows:

36-9

     5-64-6. Applicant qualifications - Permit applications - Fees - Exemptions. -- (a)

36-10

When filing an application for a license the applicant must present evidence of:

36-11

     (1) Completion of a baccalaureate or post-baccalaureate degree with a program in

36-12

nutrition or dietetics; and

36-13

     (2) Completion of a board approved, planned, continuous experience in dietetic practice

36-14

of not less than nine hundred (900) hours under the supervision of a registered dietitian or

36-15

dietitian/nutritionist licensed in the state; and

36-16

     (3) Passing an examination.

36-17

     (b) Each application shall be accompanied by a fee of ninety dollars ($90.00) as set forth

36-18

in § 23-1-54.

36-19

     5-64-7. Graduate practice. -- Every graduate of a program in nutrition/dietetics, which

36-20

is accredited/approved by the American Dietetic Association, who meets the qualifications of

36-21

section 5-64-6(a) may, upon payment of the required application fee as set forth in section 23-1-

36-22

54, perform as a dietitian/nutritionist under the supervision of a dietitian/nutritionist licensed in

36-23

this state. During this period, the applicant shall identify himself or herself only as a "graduate

36-24

dietitian/nutritionist". If the applicant fails to take the next qualifying exam without cause or fails

36-25

to pass the examination and receive a license, all privileges mentioned in this section shall

36-26

automatically cease.

36-27

     5-64-8. Fees. -- Licenses shall be valid for two (2) years and must be renewed biennially;

36-28

the renewal fee is one hundred and seventy dollars ($170) as set forth in § 23-1-54. Application

36-29

for renewal of a certificate, which has expired, requires the payment of a re-registration fee of one

36-30

hundred and seventy dollars ($170) as set forth in § 23-1-54.

36-31

     SECTION 26. Section 5-68.1-10 of the General Laws in Chapter 5-68.1 entitled

36-32

“Radiologic Technologists” is hereby amended to read as follows:

36-33

     5-68.1-10. Fees. -- (a) The director, in consultation with the board, shall establish an

36-34

initial application fee that shall not exceed one hundred seventy dollars ($170) as set forth in §

37-1

23-1-54 and a license renewal fee that shall be prescribed in rules and regulations promulgated

37-2

pursuant to § 5-68.1-15.

37-3

     (b) The proceeds of any fees collected pursuant to the provisions of this chapter shall be

37-4

deposited in the general fund as general revenues.

37-5

     SECTION 27. Sections 5-69-9 and 5-69-14 of the General Laws in Chapter 5-69 entitled

37-6

“License Procedure for Chemical Dependency Professionals” are hereby amended to read as

37-7

follows:

37-8

     5-69-9. Fees and renewal. -- The non-refundable application fee for licensure shall be

37-9

fifty dollars ($50.00) as set forth in § 23-1-54. Licenses shall be renewed every two (2) years on

37-10

October first of even numbered years upon payment of a fee of fifty ($50.00) dollars as set forth

37-11

in § 23-1-54, compliance with ICRC/AODA member board requirements, and compliance with

37-12

any additional requirements that the licensing board may promulgate. The requirements may

37-13

include the establishment of standards for continuing education.

37-14

     5-69-14. Restricted receipt account Fees collected. -- Any fees collected under the

37-15

provisions of this chapter shall be deposited in a restricted receipt account for the general

37-16

purposes of the administration of the division of substance abuse services, department of mental

37-17

health, retardation, and hospitals by the department as general revenues.

37-18

     SECTION 28. Section 5-71-8 and 5-71-9 of the General Laws in Chapter 5-71 entitled

37-19

“Interpreters for the Deaf” is hereby amended to read as follows:

37-20

     5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by

37-21

the board as an interpreter for the deaf or transliterator for the deaf, or educational interpreter for

37-22

the deaf, the applicant must submit written evidence on forms furnished by the department,

37-23

verified by oath, that the applicant meets all of the following requirements:

37-24

     (1) Is of good moral character;

37-25

     (2) Meets the certification or screened requirements as defined in regulations

37-26

promulgated by the department; and

37-27

     (3) Pays the department a license fee, that does not exceed fifty dollars ($50.00) as set

37-28

forth in § 23-1-54.

37-29

     (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the

37-30

applicant must meet all of the requirements as described in subsection (a) and must further

37-31

present proof of successful completion of the educational interpreter performance assessment

37-32

(EIPA), written and performance tests, or a similar test as approved by the board, at a

37-33

performance level established by the board.

38-34

     5-71-9. Licensure and regulations of interpreters for the deaf. -- (a) Licensure shall be

38-35

granted in either transliterating or interpreting independently. A person may be licensed in both

38-36

areas if he or she is qualified as defined in subsection 5-71-8(a).

38-37

      (b) No person shall practice or hold him or herself out as being able to practice

38-38

interpreting for the deaf, or transliterating for the deaf, or educational interpreting for the deaf as

38-39

defined in section 5-71-3 unless he or she shall be licensed in accordance with the provisions of

38-40

this chapter. No person shall hold himself or herself out as being an educational interpreter for the

38-41

deaf as defined in section 5-71-3 unless he or she is licensed in accordance with the provisions of

38-42

this chapter.

38-43

      (c) Each licensed interpreter for the deaf upon commencing to practice, and upon any

38-44

change in address shall promptly notify the department of said change in home or office address,

38-45

and shall furnish any other information to the department that it may require. Every licensed

38-46

interpreter for the deaf shall annually, before July 1st pay the department a license renewal fee,

38-47

that does not exceed fifty dollars ($50.00) as set forth in section 23-1-54 for each license,

38-48

corresponding to the area under which the person is practicing. The department may suspend the

38-49

authority of any licensed interpreter for the deaf to practice for failure to comply with any of the

38-50

requirements of this chapter or the regulations promulgated thereunder. The department makes

38-51

available for public inspection, a complete list of the names of all interpreters for the deaf

38-52

licensed and practicing in the state.

38-53

      (d) Three (3) types of licensure may be issued to interpreters and or transliterators for the

38-54

deaf:

38-55

      (1) A certified license shall be granted to interpreters or transliterators who have met the

38-56

certification requirements as set forth in regulations promulgated by the department;

38-57

      (2) A screened license shall be granted to interpreters who have met the educational

38-58

requirements as set forth in regulations promulgated by the department, and who have

38-59

successfully completed a recognized state screening or state equivalent as determined by the

38-60

department in consultation with the board; and

38-61

      (3) Beginning July 1, 2012, an educational interpreter license may be granted to

38-62

interpreters or transliterators who meet the requirements of subsection 5-71-8(b).

38-63

      (e) All licensed interpreters shall be required to complete continuing education, as set

38-64

forth in regulations promulgated by the department.

38-65

     SECTION 29. Section 21-2-7 of the General Laws in Chapter 21-2 entitled "Milk

38-66

Sanitation Code" is hereby amended to read as follows:

38-67

     21-2-7. Permits. -- (a) It shall be unlawful for any milk producer whose dairy farm is

38-68

located wholly or partly in this state to sell or to offer to sell milk or milk products or to have

39-1

milk stored for sale who does not possess at all times a Rhode Island producer's permit from the

39-2

director.

39-3

     (b) It shall be unlawful for any milk hauler to transport any milk or milk products to any

39-4

milk plant in the state of Rhode Island or to transport any milk in this state destined for sale in

39-5

this state unless he or she shall at all times possess a Rhode Island milk hauler's permit from the

39-6

director.

39-7

     (c) It shall be unlawful for any person to operate a milk plant in the state of Rhode Island

39-8

who does not possess a Rhode Island milk plant permit from the director with respect to each

39-9

plant located in Rhode Island.

39-10

     (d) It shall be unlawful for any milk distributor to sell or offer to sell milk or milk

39-11

products, including raw milk cheese, within the state of Rhode Island unless he or she shall at all

39-12

times possess a milk distributor's permit from the director.

39-13

     (e) It shall be unlawful for any milk hauler to transport any milk or milk products from

39-14

any point outside the state into the state of Rhode Island for sale or processing in this state or for

39-15

any milk plant located in Rhode Island to process any milk or milk products which come from

39-16

any point outside the state of Rhode Island or for any milk distributor to sell any milk or milk

39-17

products within this state which come from any point outside this state, unless:

39-18

     (1) Every producer who produces any part of the milk or milk products shall have been

39-19

inspected and shall from time to time be inspected with the same minimum frequency, to the

39-20

same degree, and according to the same requirements as provided in this chapter or any

39-21

regulations promulgated under this chapter in the case of Rhode Island producers;

39-22

     (2) Every vehicle in which the milk is transported to the plant where processed shall from

39-23

time to time be inspected with the same minimum frequency, to the same degree, and according

39-24

to the same requirements as provided in this chapter or any regulations promulgated pursuant to

39-25

this chapter in the case of Rhode Island milk hauler permittees; and

39-26

     (3) The operator of each milk plant located outside the state of Rhode Island where any

39-27

part of the milk is processed at all times possesses an out-of-state milk plant permit from the

39-28

director.

39-29

     (f) It shall be unlawful for any person located in the state of Rhode Island to sell or offer

39-30

for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for

39-31

pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A

39-32

milk product, unless the person at all times is in possession of a Rhode Island grade A producer's

39-33

permit.

40-34

     (g) The fees for the following permits referred to in this section shall be as follows as set

40-35

forth in § 23-1-54:

40-36

     (1) In-state milk processors: one hundred sixty dollars ($160);

40-37

     (2) Out-of-state milk processors: one hundred sixty dollars ($160); and

40-38

     (3) Milk distributors: one hundred sixty dollars ($160); .

40-39

     (4)(h) Milk producers and milk haulers shall be exempt from permit fees.

40-40

     SECTION 30. Section 21-9-3 of the General Laws in Chapter 21-9 entitled "Frozen

40-41

Desserts" is hereby amended to read as follows:

40-42

     21-9-3. License fee. -- The annual license fee fees for the following licenses shall be as

40-43

follows as set forth in § 23-1-54:

40-44

     (1) Instate wholesale frozen dessert processors: five hundred and fifty dollars ($550). ;

40-45

     (2) Out of state wholesale frozen dessert processors: one hundred sixty dollars ($160).;

40-46

and

40-47

     (3) Retail frozen dessert processors: one hundred sixty dollars ($160).

40-48

     SECTION 31. Section 21-11-4 of the General Laws in Chapter 21-11 entitled "Meats" is

40-49

hereby amended to read as follows:

40-50

     21-11-4. Issuance and term of licenses - Suspension or revocation. -- The director of

40-51

health shall, upon receipt of application for a license to operate an establishment for any or all of

40-52

the purposes mentioned in § 21-11-3, cause that establishment to be inspected and, if it is found

40-53

to conform to the provisions of this chapter and the regulations adopted in accordance with this

40-54

chapter, shall issue a license upon receipt of a fee of one hundred sixty dollars ($160) as set forth

40-55

in § 23-1-54; provided, that the license fee shall be forty dollars ($40.00) at a reduced rate, as also

40-56

set forth in § 23-1-54, for any one establishment where: (1) the meat is sold only at retail, (2) no

40-57

slaughtering is performed, and (3) no more than one of the activities described in § 21-11-3 for

40-58

which a license is required is performed. In order to set the license renewal dates so that all

40-59

activities for each establishment can be combined on one license instead of on several licenses,

40-60

the department of health shall set the license renewal date. The license period shall be for twelve

40-61

(12) months, commencing on the license renewal date, and the license fee shall be at the full

40-62

annual rate regardless of the date of application or the date of issuance of license. If the license

40-63

renewal date is changed, the department may make an adjustment to the fees of licensed

40-64

establishments, not to exceed the annual license fee, in order to implement the change in license

40-65

renewal date. Applications for renewal of licenses, accompanied by the prescribed fee, shall be

40-66

submitted at least two (2) weeks before the renewal date. Licenses issued or renewed under this

40-67

section may be suspended or revoked for failure to comply with the provisions of this chapter or

40-68

the regulations adopted in accordance with this chapter.

41-1

     SECTION 32. Section 21-14-2 of the General Laws in Chapter 21-14 entitled "Shellfish

41-2

Packing Houses" is hereby amended to read as follows:

41-3

     21-14-2. License for shellfish business. -- No person shall conduct within this state any

41-4

shellfish business until that person shall have obtained a license from the department. The

41-5

director shall, upon receipt of application for a license to conduct a shellfish business, cause the

41-6

applicant's shellfish business facilities to be investigated and, if they are found to comply with the

41-7

provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue

41-8

a license upon receipt of a fee of three hundred twenty dollars ($320) for a shipper/reshipper or a

41-9

fee of three hundred ninety dollars ($390) for a shucker packer/repacker as set forth in § 23-1-54.

41-10

Any license issued shall apply only to those phases of the shellfish business that appear on the

41-11

license and are defined by the director in regulations he or she shall adopt in regard to licensing.

41-12

In order to set the license renewal dates so that all activities for each establishment can be

41-13

combined on one license instead of on several licenses, the department of health shall set the

41-14

license renewal date. The license period shall be for twelve (12) months, unless sooner suspended

41-15

or revoked for cause, commencing on the license renewal date, and the license fee shall be at the

41-16

full annual rate regardless of the date of application or the date of issuance of license. If the

41-17

license renewal date is changed, the department may make an adjustment to the fees of licensed

41-18

establishments, not to exceed the annual license fee, in order to implement the change in license

41-19

renewal date. Licenses issued pursuant to this section may be suspended or revoked for violation

41-20

of the provisions of this chapter or the regulations adopted in accordance with this chapter. The

41-21

director may, after a hearing, refuse to issue any shellfish business license to any person who has

41-22

been convicted of any violation of this chapter.

41-23

     SECTION 33. Section 21-23-2 of the General Laws in Chapter 21-23 entitled

41-24

"Nonalcoholic Bottled Beverages, Drinks and Juices" is hereby amended to read as follows:

41-25

     21-23-2. Issuance and renewal of permits - Fee - Posting - Exempt cider. -- Blank

41-26

forms of the application for permits shall be furnished by the department without cost. The fee for

41-27

the permit shall be five hundred and fifty dollars ($550) provided, that the as set forth in § 23-1-

41-28

54. The fee for a permit to manufacture or bottle apple cider shall also be sixty dollars ($60.00) as

41-29

set forth in § 23-1-54. In order to set the license renewal dates so that all activities for each

41-30

establishment can be combined on one license instead of on several licenses, the department of

41-31

health shall set the license renewal date. The license period shall be for twelve (12) months,

41-32

commencing on the license renewal date, and the license fee shall be at the full annual rate

41-33

regardless of the date of application or the date of issuance of license. If the license renewal date

41-34

is changed, the department may make an adjustment to the fees of licensed establishments, not to

42-1

exceed the annual license fee, in order to implement the change in license renewal date. Any

42-2

person applying for a permit to bottle or manufacture apple cider shall certify that he or she does

42-3

not manufacture or bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup,

42-4

bottled drinking water, either plain or carbonated, or any other so-called soft drink, other than

42-5

apple cider. The fee received by the department for "bottlers' permits" shall be turned over to the

42-6

general treasurer. All permits granted under this chapter shall be posted in a conspicuous place on

42-7

the premises of the bottler so that they may readily be seen by any person inspecting the

42-8

premises; provided that the fees so far as they relate to cider, shall not apply to any person who

42-9

manufactures and bottles during any one calendar year not exceeding five hundred (500) gallons

42-10

of cider.

42-11

     SECTION 34. Sections 21-27-6.1, 21-27-10 and 21-27-11.2 of the General Laws in

42-12

Chapter 21-27 entitled "Sanitation in Food Establishments" are hereby amended to read as

42-13

follows:

42-14

     21-27-6.1. Farm home food manufacture. --Notwithstanding the other provisions of

42-15

this chapter, the department of health shall permit farm home food manufacture and the sale of

42-16

the products of farm home food manufacture at farmers' markets, farmstands, and other markets

42-17

and stores operated by farmers for the purpose of the retail sale of the products of Rhode Island

42-18

farms, provided that the requirements of this section are met.

42-19

     (1) The farm home food products shall be produced in a kitchen that is on the premises of

42-20

a farm and meets the standards for kitchens as provided for in minimum housing standards,

42-21

adopted pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code,

42-22

adopted pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:

42-23

     (i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that

42-24

reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one

42-25

compartment sink;

42-26

     (ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the

42-27

proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not

42-28

to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

42-29

     (iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,

42-30

corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted

42-31

surface;

42-32

     (iv) Have self-closing doors for bathrooms that open directly into the kitchen;

42-33

     (v) If farm is on private water supply it must be tested once per year.

43-34

     (2) The farm home food products are prepared and produced ready for sale under the

43-35

following conditions:

43-36

     (i) Pets are kept out of food preparation and food storage areas at all times;

43-37

     (ii) Cooking facilities shall not be used for domestic food purposes while farm home food

43-38

products are being prepared;

43-39

     (iii) Garbage is placed and stored in impervious covered receptacles before it is removed

43-40

from the kitchen, which removal shall be at least once each day that the kitchen is used for farm

43-41

home food manufacture;

43-42

     (iv) Any laundry facilities which may be in the kitchen shall not be used during farm

43-43

home food manufacture;

43-44

     (v) Recipe(s) for each farm home food product with all the ingredients and quantities

43-45

listed, and processing times and procedures, are maintained in the kitchen for review and

43-46

inspection;

43-47

     (vi) List ingredients on product;

43-48

     (vii) Label with farm name, address and telephone number.

43-49

     (3) Farm home food manufacture shall be limited to the production of nonpotentially

43-50

hazardous food and foods that do not require refrigeration, including:

43-51

     (i) Jams, jellies, preserves and acid foods, such as vinegars, that are prepared using fruits,

43-52

vegetables and/or herbs that have been grown locally;

43-53

     (ii) Double crust pies that are made with fruit grown locally;

43-54

     (iii) Yeast breads;

43-55

     (iv) Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile

43-56

radius of the farm;

43-57

     (v) Candies and fudges;

43-58

     (vi) Dried herbs and spices.

43-59

     (4) Each farm home kitchen shall be registered with the department of health and shall

43-60

require a notarized affidavit of compliance, in any form that the department may require, from the

43-61

owner of the farm that the requirements of this section have been met and the operation of the

43-62

kitchen shall be in conformity with the requirements of this section. A certificate of registration

43-63

shall be issued by the department upon the payment of a sixty-five dollar ($65.00) fee as set forth

43-64

in § 23-1-54 and the submission of an affidavit of compliance. The certificate of registration shall

43-65

be valid for one year after the date of issuance; provided, however, that the certificate may be

43-66

revoked by the director at any time for noncompliance with the requirements of the section. The

43-67

certificate of registration, with a copy of the affidavit of compliance, shall be kept in the kitchen

43-68

where the farm home food manufacture takes place. The director of health shall have the

44-1

authority to develop and issue a standard form for the affidavit of compliance to be used by

44-2

persons applying for a certificate of registration; the form shall impose no requirements or

44-3

certifications beyond those set forth in this section and § 21-27-1(6). No certificates of

44-4

registration shall be issued by the department prior to September 1, 2002.

44-5

     (5) Income from farm home food manufacture shall not be included in the calculation of

44-6

farm income for the purposes of obtaining an exemption from the sales and use tax pursuant to §

44-7

44-18-30(32), nor shall any equipment, utensils, or supplies acquired for the purpose of creating

44-8

or operating farm home food manufacture be exempt from the sales and use tax as provided for in

44-9

§44-18-30(32).

44-10

     21-27-10. Registration of food businesses. -- (a) No person shall operate a food business

44-11

as defined in § 21-27-1(8) unless he or she annually registers the business with the state director

44-12

of health; provided, that food businesses conducted by nonprofit organizations, hospitals, public

44-13

institutions, farmers markets, roadside farmstands, or any municipality shall be exempt from

44-14

payment of any required fee.

44-15

     (b) In order to set the registration renewal dates so that all activities for each

44-16

establishment can be combined on one registration instead of on several registrations, the

44-17

registration renewal date shall be set by the department of health. The registration period shall be

44-18

for twelve (12) months commencing on the registration renewal date, and the registration fee

44-19

shall be at the full annual rate regardless of the date of application or the date of issuance of

44-20

registration. If the registration renewal date is changed, the department may make an adjustment

44-21

to the fees of registered establishments, not to exceed the annual registration fee, in order to

44-22

implement the changes in registration renewal date. Registrations issued under this chapter may

44-23

be suspended or revoked for cause. Any registration or license shall be posted in a place

44-24

accessible and prominently visible to an agent of the director.