2014 -- H 7489

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LC004390

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO FOOD AND DRUGS - SANITATION IN FOOD ESTABLISHMENTS

     

     Introduced By: Representatives Finn, Edwards, O`Grady, Canario, and Serpa

     Date Introduced: February 13, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 21-27-10 of the General Laws in Chapter 21-27 entitled "Sanitation

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in Food Establishments" is hereby amended to read as follows:

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     21-27-10. Registration of food businesses. -- (a) No person shall operate a food business

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as defined in section 21-27-1(8) unless he or she annually registers the business with the state

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director of health; provided, that food businesses conducted by nonprofit organizations, hospitals,

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public institutions, farmers markets, roadside farmstands, or any municipality shall be exempt

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from payment of any required fee.

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      (b) In order to set the registration renewal dates so that all activities for each

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establishment can be combined on one registration instead of on several registrations, the

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registration renewal date shall be set by the department of health. The registration period shall be

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for twelve (12) months commencing on the registration renewal date, and the registration fee

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shall be at the full annual rate regardless of the date of application or the date of issuance of

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registration. If the registration renewal date is changed, the department may make an adjustment

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to the fees of registered establishments, not to exceed the annual registration fee, in order to

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implement the changes in registration renewal date. Registrations issued under this chapter may

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be suspended or revoked for cause. Any registration or license shall be posted in a place

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accessible and prominently visible to an agent of the director.

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      (c) Registration with the director of health shall be based upon satisfactory compliance

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with all laws and regulations of the director applicable to the food business for which registration

 

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is required.

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      (d) The director of health is authorized to adopt regulations necessary for the

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implementation of this chapter.

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      (e) Classification for registration shall be as follows:

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      (1) In state and out of state food processors that sell food in Rhode Island (Wholesale)

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(annual sales of fifty thousand dollars ($50,000) or greater)

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      (2) Food In state food processors (Retail) (annual sales of fifty thousand dollars

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($50,000) or greater)

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     (3) In state food processors (Wholesale and/or Retail) with annual sales less than fifty

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thousand dollars ($50,000)

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      (3)(4) Food service establishments:

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      (i) 50 seats or less

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      (ii) More than 50 seats

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      (iii) Mobile food service units

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      (iv) Industrial caterer or food vending machine commissary

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      (v) Cultural heritage educational facility

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      (4)(5) Vending machine sites or location:

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      (i) Three (3) or less machines

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      (ii) Four (4) to ten (10) machines

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      (iii) Eleven (11) or more machines

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      (5)(6) Retail markets:

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      (i) 1 to 2 cash registers

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      (ii) 3 to 5 cash registers

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      (iii) 6 or more cash registers

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      (6)(7) Retail food peddler (meat, seafood, dairy, and frozen dessert products)

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      (7)(8) Food warehouses

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      (f) In no instance where an individual food business has more than one activity eligible

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under this chapter for state registration within a single location shall the business be required to

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pay more than a single fee for the one highest classified activity listed in subsection (e) of this

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section; provided, that where several separate but identically classified activities are located

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within the same building and under the management and jurisdiction of one person, one fee shall

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be required. In each of the instances in this subsection, each activity shall be separately registered.

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      (g) Fees for registration of the above classifications shall be as set forth in section 23-1-

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54.

 

LC004390 - Page 2 of 13

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     SECTION 2. Section 23-1-54 of the General Laws in Chapter 23-1 entitled "Department

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of Health" is hereby amended to read as follows:

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     23-1-54. Fees payable to the department of health. -- Fees payable to the department

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shall be as follows:

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PROFESSION RIGL Section Description of Fee FEE

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Barbers/hairdressers 5-10-10(a) Renewal application $25.00

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Barbers/hairdressers 5-10-10(a) Renewal application:

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Manicuring Instructors and manicurists $25.00

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Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00

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Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $100.00

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Barbers/hairdressers 5-10-11[c] Application fee $25.00

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Barbers/hairdressers 5-10-11[c] Application fee: manicuring $25.00

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Instructors and manicurists $25.00

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Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00

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Barbers/hairdressers 5-10-15 Shop license: initial $170.00

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Barbers/hairdressers 5-10-15 Shop license: renewal $170.00

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Barbers/hairdressers 5-10-15(b) Initial: per licensed chair/station $50.00

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Veterinarians 5-25-10 Application fee $40.00

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Veterinarians 5-25-11 Examination fee $540.00

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Veterinarians 5-25-12(a) Renewal fee 580.00

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Veterinarians 5-25-12[c] Late renewal fee$ 120.00

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Podiatrists 5-29-7 Application fee $240.00

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Podiatrists 5-29-11 Renewal fee: minimum $240.00

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Podiatrists 5-29-11 Renewal fee: maximum $540.00

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Podiatrists 5-29-13 Limited registration $65.00

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Podiatrists 5-29-14 Limited registration:

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Academic faculty $240.00

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Podiatrists 5-29-14 Application fee:

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Renewal minimum $240.00

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Podiatrists 5-29-14 Application fee:

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Renewal maximum $440.00

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Chiropractors 5-30-6 Examination fee: $210.00

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Chiropractors 5-30-7 Examination exemption fee: $210.00

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Chiropractors 5-30-8(b) Exam Physiotherapy $210.00

 

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Chiropractors 5-30-8(b) Exam chiro and physiotherapy $210.00

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Chiropractors 5-30-12 Renewal fee $210.00

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Dentists/dental hygienists 5-31.1-6(d) Dentist: application fee $965.00

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Dentists/dental hygienists 5-31.1-6(d) Dental hygienist: application fee $65.00

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Dentists/dental hygienists 5-31.1-6(d) Reexamination: dentist $965.00

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Dentists/dental hygienists 5-31.1-6(d) Reexamination: hygienists $65.00

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Dentists/dental hygienist 5-31.1-21(b) Reinstatement fee dentists $90.00

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Dentists/dental hygienist 5-31.1-21(b) Reinstatement fee hygienists $90.00

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Dentists/dental hygienists 5-31.1-21(c) Inactive status: dentist $220.00

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Dentists/dental hygienists 5-31.1-21(c) Inactive status: hygienist $40.00

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Dentists/dental hygienists 5-31.1-22 Limited registration $65.00

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Dentists/dental hygienists 5-31.1-23[c] Academic faculty Limited reg. $965.00

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Academic faculty renewal $500.00

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Electrolysis 5-32-3 Application fee $25.00

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Electrolysis 5-32-6(b) Renewal fee $25.00

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Electrolysis 5-32-7 Reciprocal license fee $25.00

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Electrolysis 5-32-17 Teaching license $25.00

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Funeral directors/embalmers 5-33.2-12 Funeral establishment license $120.00

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Funeral services establishments

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Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $90.00

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Funeral services establishments embalmer $30.00

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Funeral directors embalmers 5-33.2-12 Funeral branch office license $90.00

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Funeral directors embalmers 5-33.2-13.1 Crematories application fee: $120.00

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Funeral services establishments

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Funeral director/embalmers 5-33.2-15 Renewal: funeral/director

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Funeral Svcs establishments $120.00

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Funeral directors/embalmers 5-33.2-15 Additional branch office

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Funeral services establishments licenses $120.00

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Funeral directors/embalmers 5-33.2-15 Crematory renewal fee

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Funeral svcs establishments $120.00

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Funeral directors/embalmers 5-33.2-15 Late renewal fee

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Funeral svcs establishment (All license types) $25.00

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Funeral directors/embalmers 5-33.2-16(a) Intern registration fee

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Funeral Services establishments $25.00

 

LC004390 - Page 4 of 13

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Nurses 5-34-12 RN Application fee $135.00

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Nurses 5-34-16 LPN Application fee $45.00

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Nurses 5-34-19 Renewal fee: RN $135.00

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Nurses 5-34-19 Renewal fee: LPN $45.00

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Nurses 5-34-37 RNP application fee $80.00

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Nurses 5-34-37 RNP renewal fee $80.00

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Nurses 5-34-37 RNP prescriptive privileges $65.00

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Nurses 5-34-40.3 Clin nurse spec application $80.00

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Nurses 5-34-40.3 Clin nurse spec renewal $80.00

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Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00

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Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00

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Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00

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Optometrists 5-35.1-4 Application fee $280.00

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Optometrists 5-35.1-7 Renewal fee $280.00

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Optometrists 5-35.1-7 Late fee $90.00

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Optometrists 5-35.1-7 Reactivation of license fee $65.00

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Optometrists 5-35.1-19(b) Violations of section $650.00

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Optometrists 5-35.1-20 Violations of chapter $260.00

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Opticians 5-35.2-3 Application fee $30.00

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Physicians 5-37-2 Application fee $1,090.00

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Physicians 5-37-2 Re-examination fee $1,090.00

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Physicians 5-37-10(b) Late renewal fee $170.00

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Physicians 5-37-16 Limited registration fee $65.00

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Physicians 5-37-16.1 Ltd reg: academic faculty $600.00

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Physicians 5-37-16.1 Ltd reg: academic $170.00

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Faculty renewal

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Acupuncture 5-37.2-10 Application fee $310.00

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Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00

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Licensure fee $170.00

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Social workers 5-39.1-9 Application fee $70.00

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Social workers 5-39.1-9 Renewal fee $70.00

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Physical therapists 5-40-8 Application fee $155.00

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Physical therapists 5-40-8.1 Application: physical $50.00

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therapy assistants

 

LC004390 - Page 5 of 13

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Physical therapists 5-40-10(a) Renewal fee: Physical therapists $155.00

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Physical therapists 5-40-10(a) Renewal fee: Physical therapy

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assistants $50.00

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Physical therapists 5-40-10[c] Late renewals $50.00

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Occupational therapists - 5-40.1-12(2) Renewal fee $140.00

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Occupational therapists - 5-40.1-12(5) Late renewal fee $50.00

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Occupational therapists - 5-40.1-12(b) Reactivation fee $140.00

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Occupational therapists - 5-40.1-13 Application fee $140.00

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Psychologists 5-44-12 Application fee $230.00

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Psychologists 5-44-13 Temporary permit $120.00

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Psychologists 5-44-15[c] Renewal fee $230.00

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Psychologists 5-44-15(e) Late renewal fee $50.00

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Nursing home 5-45-10 Renewal fee $160.00

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administrators

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Speech pathologist/ 5-48-1(14) Speech lang support personnel:

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Audiologists late filing $90.00

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Speech pathologist/ 5-48-9(a) Application fee: Audiologist $65.00

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audiologists

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Speech pathologist/ 5-48-9(a) Application fee: speech

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audiologists Pathologist $145

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Speech pathologist/ 5-48-9(a) Renewal fee: Audiologist $65.00

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audiologists

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Speech pathologist/ 5-48-9(a) Renewal fee: Speech

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audiologists

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Pathologist $145.00

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Speech pathologist/ 5-48-9(a) Provisional license: renewal fee $65.00

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audiologists

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Speech pathologist/ 5-48-9(b) Late renewal fee $50.00

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audiologists

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Speech pathologist/ 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

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audiologists

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Speech pathologist/ 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

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audiologists speech pathologists $145.00

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personnel: late filing $65.00

 

LC004390 - Page 6 of 13

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Hearing aid dealers/fitters 5-49-6(a) License endorsement

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Examination fee $25.00

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Hearing aid dealers/fitters 5-49-8(b) Temporary permit fee $25.00

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Hearing aid 5-49-8(d) Temporary permit - renewal fee $35.00

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dealers/fitters

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Hearing aid dealers/fitters 5-49-11(1) License fee $25.00

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Hearing aid 5-49-11(b) License renewal fee $25.00

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dealers/fitters

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Hearing aid 5-49-11[c] License renewal late fee $25.00

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dealers/fitters

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Physician assistants 5-54-9(4) Application fee $110.00

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Physician assistants 5-54-11(b) Renewal fee $110.00

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Orthotics/prosthetic 5-59.1-5 Application fee $120.00

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practice

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Orthotics/prosthetic 5-59.1-12 Renewal fee $120.00

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practice

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Athletic trainers 5-60-11 Application fee $60.00

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Athletic trainers 5-60-11 Renewal fee $60.00

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Athletic trainers 5-60-11 Late renewal fee $25.00

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Mental health counselors - 5-63.2-16 Application fee: marriage

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Marriage and family Family therapist $130.00

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therapists

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Mental health counselors - 5-63.2-16 Application fee: mental

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Marriage and family therapists Health counselors $70.00

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Mental health counselors 5-63.2-16 Reexamination fee:

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Marriage and family therapist s Marriage/family therapist $130.00

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Mental health counselors 5-63.2-16 Reexamination fee:

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Marriage and family Mental health counselors $70.00

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therapists

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Mental health counselors 5-63.2-17(a) Renewal fee: marriage

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Marriage and Family therapists Family therapist $130.00

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Mental health counselors 5-63.2-17(a) Renewal fee:

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Marriage and Family Mental health counselor therapist $50.00

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Mental health counselors 5-63.2-17(b) Late renewal fee

 

LC004390 - Page 7 of 13

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Marriage and Family Marriage and family therapist $90.00

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therapist

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Dieticians/nutritionists 5-64-6(b) Application fee $75.00

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Dieticians/ nutritionists 5-64-7 Graduate status:

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Application fee: $75.00

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Dieticians/ nutritionists 5-64-8 Renewal fee $75.00

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Dieticians/ nutritionists 5-64-8 Reinstatement fee $75.00

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Radiologic technologists - 5-68.1-10 Application fee maximum $190.00

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Licensed chemical 5-69-9 Application fee $75.00

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dependency professionals

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Licensed chemical 5-69-9 Renewal fee $75.00

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dependency professionals

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Licensed chemical 5-69-9 Application fee $75.00

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Licensed chemical 5-69-9 Application fee $75.00

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dependency clinical supervisor

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Licensed chemical 5-69-9 Renewal fee $75.00

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dependency clinical supervisor

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Deaf interpreters 5-71-8(3) License fee maximum $25.00

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Deaf interpreters 5-71-8(3) License renewal fee $25.00

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Milk producers 21-2-7(g)(1) In-state milk processor $160.00

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Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00

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Milk producers 21-2-7(g)(3) Milk distributors $160.00

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Frozen desserts 21-9-3(1) In-state wholesale $550.00

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Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00

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Frozen desserts 21-9-3(3) Retail frozen dess processors $160.00

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Meats 21-11-4 Wholesale $160.00

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Meats 21-11-4 Retail $40.00

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Shellfish packing houses 21-14-2 License fee:

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Shipper/reshipper $320.00

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Shellfish packing houses 21-14-2 License fee:

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Shucker packer/repacker $390.00

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Non-alcoholic bottled 21-23-2 Bottler permit

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Beverages, Drinks & juices $550.00

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Non-alcoholic bottled 21-23-2 Bottle apple cider fee

 

LC004390 - Page 8 of 13

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beverages, drinks and juices $60.00

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Farm home food 21-27-6.1(4) Registration fee $65.00

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manufacturers

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Food businesses 21-27-10(e)(1) Food processors wholesale $500.00

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Food businesses 21-27-10(e)(2) Food processors retail $120.00

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Food businesses 21-27-10(e)(3)(4) Food service establishments

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>50 seats $160.00

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Food businesses 21-27-10(e)(3)(4) Food service establishments

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>50 seats $240.00

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Food businesses 21-27-10(e)(3)(4) Mobile food service units $100.00

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Food businesses 21-27-10(e)(3)(4) Industrial caterer or food vending

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Machine commissary $280.00

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Food businesses 21-27-10(e)(3)(4) Cultural heritage educational

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Facility $80.00

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Food businesses 21-27-10(e)(4)(5) Vending Machine Location

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> 3 units $50.00

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Food businesses 21-27-10(e)(4)(5) Vending Machine Location

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4-10 units $100.00

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Food businesses 21-27-10(e)(4)(5) Vending Machine Location

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11 units $120.00

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Food businesses 21-27-10(e)(5)(6) Retail Mkt

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1-2 cash registers $120.00

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Food businesses 21-27-10(e)(5)(6) Retail Market

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3-5 cash registers $240.00

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Food businesses 21-27-10(e)(5)(6) Retail Market = 6 Cash registers $510.00

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Food businesses 21-27-10(e)(6)(7) Retail food peddler $100.00

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Food businesses 21-27-10(e)(7)(8) Food warehouses $190.00

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Food businesses 21-27-11.2 Certified food safety mgr $50.00

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License verification fee 23-1-16.1 All license types $50.00

31

Tattoo and body piercing 23-1-39 Annual registration fee: Person $90.00

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Tattoo and body piercing 23-1-39 Annual registration fee:

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establishment $90.00

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Vital records 23-3-25(a)(1) Certificate of birth, fetal death, Death,

 

LC004390 - Page 9 of 13

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marriage, birth, or Certification that such

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record Cannot be found $20.00

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Vital records 23-3-25(a)(1) Each duplicate of certificate of birth, fetal

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death, death, marriage, Birth, or

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certification that such record cannot be

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found $15.00

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Vital records 23-3-25(a)(2) Each additional calendar year Search, if

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within 3 months of original search and if

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receipt of original search

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presented $2.00

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Vital records 23-3-25(a)(3) Expedited service $7.00

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Vital records 23-3-25(a)(4) Adoptions, legitimations, or Paternity

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determinations $15.00

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Vital records 23-3-25(a)(5) Authorized corrections, Alterations, and

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      additions $10.00

16

Vital records 23-3-25(a)(6) Filing of delayed record and Examination

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of documentary Proof $20.00

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Vital records 23-3-25(a)(6) Issuance of certified copy of a delayed

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record $20.00

20

Medical Examiner 23-4-13 Autopsy reports $40.00

21

Medical Examiner 23-4-13 Cremation certificates and

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statistics $30.00

23

Medical Examiner 23-4-13 Testimony in civil suits:

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Minimum/day $650.00

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Medical Examiner 23-4-13 Testimony in civil suits:

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Maximum/day $3,250.00

27

Emergency medical 23-4.1-10[c] Annual fee: ambulance

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technicians

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Service maximum $540.00

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Emergency medical 23-4.1-10[c] Annual fee: vehicle license

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technicians maximum $275.00

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Emergency medical 23-4.1-10[c] Triennial fee: EMT license

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technicians maximum $120.00

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Emergency medical 23-4.1-10(2) Exam fee maximum: EMT $120.00

 

LC004390 - Page 10 of 13

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technicians

2

Emergency medical 23-4.1-10(2) Vehicle inspection

3

Technicians Maximum $190.00

4

Clinical laboratories 23-16.2-4(a) Clinical laboratory license

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per specialty $650.00

6

Clinical laboratories 23-16.2-4(a) Laboratory station license $650.00

7

Clinical laboratories 23-16.2-4(b) Permit fee $70.00

8

Health care facilities 23-17-38 Hospital: base fee annual $16,900.00

9

Health care facilities 23-17-38 Hospital: annual per bed fee $120.00

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Health care facilities 23-17-38 ESRD: annual fee $3,900.00

11

Health care facilities 23-17-38 Home nursing care/home

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Care providers $650.00

13

Health care facilities 23-17-38 OACF: annual fee $650.00

14

Assisted living residences/ 23-17.4-15.2(d) License application fee $220.00

15

administrators

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Assisted living residences/ 23-17.4-15.2(d) License renewal fee: $220.00

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administrators

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Assisted living 23-17.4-31 Annual facility fee: base $330.00

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residences

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Assisted living residences 23-17.4-31 Annual facility per bed $70.00

21

Nursing assistant 23-17.9-3 Application: competency evaluation

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registration training program maximum $325.00

23

Nursing assistant 23-17.9-5 Application fee $35.00

24

registration

25

Nursing assistant 23-17.9-5 Exam fee: skills proficiency $170.00

26

registration

27

Nursing assistant 23-17.9-6 Registration fee $35.00

28

registration

29

Nursing assistant 23-17.9-7 Renewal fee

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registration $35.00

31

Sanitarians 23-19.3-5(a) Registration fee $25.00

32

Sanitarians 23-19.3-5(b) Registration renewal $25.00

33

Massage therapy 23-20.8-3(e) Massage therapist appl fee $65.00

34

Massage therapy 23-20.8-3(e) Massage therapist renewal fee $65.00

 

LC004390 - Page 11 of 13

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Recreational facilities 23-21-2 Application fee $160.00

2

Swimming pools 23-22-6 Application license: first pool $250.00

3

Swimming pools 23-22-6 Additional pool fee at

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same location $75.00

5

Swimming pools 23-22-6 Seasonal application license:

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first pool $150.00

7

Swimming pools 23-22-6 Seasonal additional pool fee at

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same location $75.00

9

Swimming pools 23-22-6 Year-round license for non-profit $25.00

10

Swimming pools 23-22-10 Duplicate license $2.00

11

Swimming pools 23-22-12 Penalty for violations $50.00

12

Respiratory care 23-39-11 Application fee $60.00

13

practitioners

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Respiratory care 23-39-11 Renewal fee $60.00

15

practitioners

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     SECTION 3. This act shall take effect upon passage.

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LC004390

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LC004390 - Page 12 of 13

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - SANITATION IN FOOD ESTABLISHMENTS

***

1

     This act would create a new clarification of food businesses entitled instate food

2

processors (wholesale and/or retail) with annual sales less than fifty thousand dollars ($50,000)

3

and require these businesses to pay a registration fee of seventy-five dollars ($75.00).

4

     This act would take effect upon passage.

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LC004390

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