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art.020/2/020/1

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     ARTICLE 20 AS AMENDED

RELATING TO PROFESSIONAL LICENSES

     SECTION 1. Section 3-7-25 of the General Laws in Chapter 3-7 entitled "Retail

Licenses" is hereby amended to read as follows:

     3-7-25. Sanitary conditions for dispensing of malt beverages or wine. -- (a) Beer or

wine pipe lines, faucets and barrel-tapping devices used for the dispensing of malt beverages or

wine in places where the dispensing is carried on by licensees under this chapter shall be cleaned

at least once every four (4) weeks by the use of a hydraulic pressure mechanism, hand-pump

suction or a force cleaner or other system approved by the department or shall be permanently

kept clean by a device approved by the department. After cleaning, the lines shall be rinsed with

clear water until all chemicals, if any have been used, are removed. The cleaning equipment must

be operated in conformance with the manufacturer's recommendations.

     (b) A record, the form of which shall be approved by the department, shall be used to

record the dates and the methods used in cleaning of beer or wine pipe lines, coils, tubes and

appurtenances. This record shall be signed by the person who performs the cleaning operation

and countersigned by the licensee. The records shall be kept on the licensed premises for a period

of one year from the date of the last entry and made available at all times for inspection by health

enforcement and law enforcement officers.

     (c) Line cleaners may be certified by the department and the department shall issue a

license and charge a fee not to exceed fifty dollars ($50.00) for each license.

     SECTION 2. Sections 5-10-1, 5-10-7, 5-10-8, and 5-10-9 of the General Laws in Chapter

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

amended to read as follows:

     5-10-1. Definitions. – The following words and phrases, when used in this chapter, are

construed as follows:

     (1) "Apprentice barber" means an employee whose principal occupation is service with a

barber or hairdresser who has held a current license as a barber or hairdresser for at least three (3)

years with a view to learning the art of barbering, as defined in subdivision (15) of this section.

     (1)(2) "Barber" means any person who shaves or trims the beard, waves, dresses, singes,

shampoos, or dyes the hair or applies hair tonics, cosmetic preparations, antiseptics, powders, oil

clays, or lotions to scalp, face, or neck of any person; or cuts the hair of any person, gives facial

and scalp massages, or treatments with oils, creams, lotions, or other preparations.

     (2)(3) "Board" means the state board of barbering and hairdressing as provided for in this

chapter.

     (3)(4) "Department" means the Rhode Island department of health.

     (4)(5) "Division" means the division of professional regulation within the department of

health.

     (5)(6) "Esthetician" means a person who engages in the practice of esthetics, and is

licensed as an esthetician.

     (6)(7) "Esthetician shop" means a shop licensed under this chapter to do esthetics of any

person.

     (7)(8) "Esthetics" means the practice of cleansing, stimulating, manipulating, and

beautifying skin, including, but not limited to, the treatment of such skin problems as

dehydration, temporary capillary dilation, excessive oiliness, and clogged pores.

     (8)(9) "Hair design shop" means a shop licensed under this chapter to do barbering or

hairdressing/cosmetology, or both, to any person.

     (9)(10) "Hairdresser and cosmetician" means any person who arranges, dresses, curls,

cuts, waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any

person either with or without compensation or who, by the use of the hands or appliances, or of

cosmetic preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or

without compensation, in massaging, cleansing, stimulating, manipulating, exercising, or

beautifying or in doing similar work upon the neck, face, or arms or who removes superfluous

hair from the body of any person.

     (11) "Instructor" means any person licensed as an instructor under the provisions of this

chapter.

     (10)(12) "Manicuring shop" means a shop licensed under this chapter to do manicuring

only on the nails of any person.

     (11)(13) "Manicurist" means any person who engages in manicuring for compensation

and is duly licensed as a manicurist.

     (12)(14) "School" means a school approved under chapter 40 of title 16, as amended,

devoted to the instruction in and study of the theory and practice of barbering, hairdressing and

cosmetic therapy, esthetics and/or manicuring.

     (13)(15) "The practice of barbering" means the engaging by any licensed barber in all or

any combination of the following practices: shaving or trimming the beard or cutting the hair;

giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations

either by hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling,

waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying

cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, or neck.

     (14)(16) "The practice of hairdressing and cosmetic therapy" means the engaging by any

licensed hairdresser and cosmetician in any one or more of the following practices: the

application of the hands or of mechanical or electrical apparatus, with or without cosmetic

preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate,

manipulate, exercise, or otherwise to improve or to beautify the scalp, face, neck, shoulders,

arms, bust, or upper part of the body or the manicuring of the nails of any person; or the removing

of superfluous hair from the body of any person; or the arranging, dressing, curling, waving,

weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair of any

person.

     (15)(17) "The practice of manicuring" means the cutting, trimming, polishing, tinting,

coloring, or cleansing the nails of any person.

     5-10-7. License required for practice. – No person shall practice barbering,

hairdressing, and cosmetic therapy, esthetics, or manicuring in this state, unless the person has

first obtained a any license for that practice required by this chapter, as provided by this chapter;

provided, that nothing in this chapter prohibits students enrolled in programs of hairdressing,

barbering, and/or cosmetology from entering into work-study arrangements after they have

completed at least one thousand (1,000) hours of classroom instruction. Students participating in

those work-study arrangements shall be under the direct supervision of a licensed hairdresser,

barber, or cosmetologist, and shall be clearly identified as students. No course credit shall be

granted for this students' participation in a work-study arrangement and in no event shall it

continue beyond the students' graduation from school or completion of course work.

     5-10-8. Issuance of licenses – Qualifications of applicants. – (a) The division shall

issue licenses to persons engaged in or desiring to engage in the practice of barbering,

hairdressing, and cosmetic therapy and/or manicuring, or esthetics and for instructing in any

approved school of barbering or hairdressing and cosmetic therapy, and/or manicuring, or

esthetics; provided, that no license shall be issued to any person under this chapter unless the

applicant for the license:

     (1) Is at least eighteen (18) years of age;

     (2) Is a citizen of the United States of America or has legal entry into the country;

     (3) Is of good moral character;

     (4) Is a high school graduate or holds the equivalent;

     (5) Has satisfactorily completed the course of instruction in an approved school of

barbering, hairdressing and cosmetic therapy, and/or manicuring or esthetics;

     (6) Has satisfactorily passed a written and a practical examination approved by the

division to determine the fitness of the applicant to receive a license; and

     (7) Has complied with § 5-10-10 and any other qualifications that the division prescribes

by regulation.

     (b) Notwithstanding the provision of subdivision (a)(4) of this section, on and after July

1, 1997, an applicant seeking licensure as a barber must be a high school graduate or hold the

equivalent.

     5-10-9. Classes of licenses. – Licenses shall be divided into the following classes and

shall be issued by the division to applicants for the licenses who have qualified for each class of

license:

     (1) A "hairdresser's and cosmetician's license" shall be issued by the division to every

applicant for the license who meets the requirements of § 5-10-8 and has completed a course of

instruction in hairdressing and cosmetology consisting of not less than fifteen hundred (1,500)

hours of continuous study and practice.

     (2) An "instructor's license" shall be granted by the division to any applicant for the

license who has held a licensed hairdresser's and cosmetician's license, a barber's license, a

manicurist's license, or an esthetician's license issued under the laws of this state or another state,

for at least the three (3) years preceding the date of application for an instructor's license and:

     (i) Meets the requirements of § 5-10-8;

     (ii) Has satisfactorily completed three hundred (300) hours of instruction in hairdressing

and cosmetology, barber, manicurist, or esthetician teacher training approved by the division as

prescribed by regulation;

     (iii) Has satisfactorily passed a written and a practical examination approved by the

division to determine the fitness of the applicant to receive an instructor's license;

     (iv) Has complied with § 5-10-10; and

     (v) Has complied with any other qualifications that the division prescribes by regulation.

     (2)(3) A "manicurist license" shall be granted to any applicant for the license who meets

the following qualifications:

     (i) Meets the requirements of § 5-10-8; and

     (ii) Has completed a course of instruction consisting of not less than three hundred (300)

hours of professional training in manicuring, in an approved school.

     (3)(4) An "esthetician license" shall be granted to any applicant for the license who meets

the following qualifications:

     (i) Meets the requirements of § 5-10-8;

     (ii) Has completed a course of instruction in esthetics consisting of not less than six

hundred (600) hours of continuous study and practice over a period of not less than four (4)

months in an approved school of hairdressing and cosmetology; and

     (iii) Any applicant who holds a diploma or certificate from a skin care school that is

recognized as a skin care school by the state or nation in which it is located, and meets the

requirements of paragraph (i) of this subdivision, shall be granted a license to practice esthetics;

provided, that the skin care school has a requirement that in order to graduate from the school a

student must have completed a number of hours of instruction in the practice of skin care, which

number is at least equal to the number of hours of instruction required by the division.

     (4)(5) A "barber" license shall be issued by the division to every applicant for the license

who meets the requirements of § 5-10-8 and:

     (i) Has completed a course of instruction in barbering consisting of not less than one

thousand five hundred (1,500) hours of continuous study and practice in an approved school;

     (ii) Has possessed for at least two (2) years prior to the filing of the application a

certificate of registration in full force and effect from the department of health of the state

specifying that person as a registered apprentice barber, and the application of that applicant is

accompanied by an affidavit or affidavits of from his or her employer or former employers or

other reasonably satisfactory evidence showing that the applicant has, in order to learn the art of

barbering, been actually engaged in barbering as an apprentice barber in the state during those

two (2) years worked for a minimum of two (2) years under the supervision of a barber who has

been licensed in the state for at least three (3) years; or

     (iii) A combination of barber school training and apprenticeship Any training as

determined by the rules and regulations prescribed by the division.

     SECTION 3. Section 5-10-13 of the General Laws in Chapter 5-10 entitled “Barbers,

Hairdressers, Cosmeticians, Manicurists and Estheticians” is hereby repealed.

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

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

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

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

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

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

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

cosmetic therapy. The fee for the permit is as set forth in § 23-1-54.

     SECTION 4. Sections 5-32-2 and 5-32-4 of the General Laws in Chapter 5-32 entitled

“Electrolysis” are hereby amended to read as follows:

     5-32-2. Penalty for unlicensed practice. – Every person who subsequently engages in

the practice of electrolysis in this state without being licensed, if a license is required under this

chapter, by the board of examiners in electrolysis is practicing illegally and, upon conviction,

shall be fined not more than twenty-five dollars ($25.00) and every day of the continuation of

illegal practice is a separate offense.

     5-32-4. Qualifications of applicants. – Licenses to engage in the practice of electrolysis

shall be issued to the applicants who comply with the following requirements:

     (1) Are citizens or legal residents of the United States.

     (2) Have attained the age of eighteen (18) years.

     (3) Have graduated from a high school or whose education is the equivalent of a high

school education.

     (4) Have satisfactorily completed a course of training and study in electrolysis, as

prescribed by rules and regulations promulgated by the department of health authorized by

section § 5-32-18 of this chapter. as a registered apprentice under the supervision of a licensed

Rhode Island electrologist who is qualified to teach electrolysis to apprentices as prescribed in §

5-32-17 or has graduated from a school of electrolysis after having satisfactorily completed a

program consisting of not less than six hundred fifty (650) hours of study and practice in the

theory and practical application of electrolysis. That apprenticeship includes at least six hundred

and fifty (650) hours of study and practice in the theory and practical application of electrolysis

within a term of nine (9) months; provided, that the apprentice registers with the division of

professional regulation of the department of health upon beginning his or her course of

instruction, and the licensed person with whom he or she serves that apprenticeship keeps a

record of the hours of that instruction, and upon the completion of that apprenticeship certifies

that fact to the board of examiners in electrolysis.

     (5) Is of good moral character.

     (6) Passes an examination approved by the department of health.

     SECTION 5. Sections 5-32-8 and 5-32-17 of the General Laws in Chapter 5-32 entitled

“Electrolysis” are hereby repealed.

     5-32-8. Apprenticeship register. – The division of professional regulation of the

department of health shall keep a register in which the names of all persons serving

apprenticeships licensed under this chapter shall be recorded. This register is open to public

inspection.

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

an instructor or teacher of electrolysis to apprentices must:

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

(5) years.

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

qualifications to teach electrolysis.

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

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

the department of health shall issue a license to the person upon the payment of a fee as set forth

in § 23-1-54.

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

nine (9) month training period.

     SECTION 6. Chapter 5-32 of the General Laws entitled “Electrolysis” is hereby amended

by adding thereto the following section:

     5-32-18. Training and study. – The department of health may promulgate rules and

regulations applying to training and study in electrolysis.

     SECTION 7. Sections 5-37.2-2, 5-37.2-14, and 5-37.2-15 of the General Laws in Chapter

5-37.2 entitled “The Healing Art of Acupuncture” are hereby amended to read as follows:

     5-37.2-2. Definitions. – Unless the context otherwise requires, the words, phrases, and

derivatives employed in this chapter have the meanings ascribed to them in this section:

     (1) "Acupuncture" means the insertion of needles into the human body by piercing the

skin of the body, for the purpose of controlling and regulating the flow and balance of energy in

the body.

     (2) "Department" means the state department of health.

     (3) "Doctor of acupuncture" means a person licensed under the provisions of this chapter

to practice the art of healing known as acupuncture.

     (4) "Licensed acupuncture assistant" means a person who assists in the practice of

acupuncture under the direct supervision of a person licensed under the provisions of this chapter

to practice acupuncture.

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

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

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

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

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

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

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

employment of the license holder.

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

each year, the annual registration fee required pursuant to department rules and regulation. If the

holder of a license fails to pay the registration fee his or her license shall be suspended. The

license may be reinstated by payment of the required fee within ninety (90) days after February 1.

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

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

holder of the license.

     5-37.2-15. Suspension, revocation, or refusal of license – Grounds. – The department

may either refuse to issue or may suspend or revoke any license for any one or any combination

of the following causes:

     (1) Conviction of a felony, conviction of any offense involving moral turpitude, or

conviction of a violation of any state or federal law regulating the possession, distribution or use

of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of

the court;

     (2) The obtaining of, or any attempt to obtain, a license, or practice in the profession for

money or any other thing of value, by fraudulent misrepresentations;

     (3) Gross malpractice;

     (4) Advertising by means of knowingly false or deceptive statement;

     (5) Advertising, practicing, or attempting to practice under a name other than one's own;

     (6) Habitual drunkenness or habitual addiction to the use of a controlled substance as

defined in § 21-28-1.02;

     (7) Using any false, fraudulent, or forged statement or document, or engaging in any

fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of

this chapter;

     (8) Sustaining a physical or mental disability which renders further practice dangerous;

     (9) Engaging in any dishonorable, unethical, or unprofessional conduct which may

deceive, defraud, or harm the public, or which is unbecoming a person licensed to practice under

this chapter;

     (10) Using any false or fraudulent statement in connection with the practice of

acupuncture or any branch of acupuncture;

     (11) Violating or attempting to violate, or assisting or abetting the violation of, or

conspiring to violate, any provision of this chapter;

     (12) Being adjudicated incompetent or insane;

     (13) Advertising in an unethical or unprofessional manner;

     (14) Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis,

therapy, or treatment;

     (15) Willfully disclosing a privileged communication;

     (16) Failure of a licensee to designate his or her school of practice in the professional use

of his or her name by the term "doctor of acupuncture" or "acupuncture assistant", as the case

may be;

     (17) Willful violation of the law relating to the health, safety, or welfare of the public, or

of the rules and regulations promulgated by the state board of health;

     (18) Administering, dispensing, or prescribing any controlled substance as defined in §

21-28-1.02, except for the prevention, alleviation, or cure of disease or for relief from suffering;

and

     (19) Performing, assisting, or advising in the injection of any liquid silicone substance

into the human body.

     SECTION 8. Section 5-37.2-13 of the General Laws in Chapter 5-37.2 entitled “The

Healing Art of Acupuncture” is hereby repealed.

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

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

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

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

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

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

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

     SECTION 9. Sections 5-48-1 and 5-48-9 of the General Laws in Chapter 5-48 entitled

“Speech Pathology and Audiology” are hereby amended to read as follows:

     5-48-1. Purpose and legislative intent – Definitions. – (a) It is declared to be a policy of

this state that the practice of speech language pathology and audiology is a privilege granted to

qualified persons and that, in order to safeguard the public health, safety, and welfare, protect the

public from being misled by incompetent, unscrupulous, and unauthorized persons, and protect

the public from unprofessional conduct by qualified speech language pathologists and

audiologists, it is necessary to provide regulatory authority over persons offering speech language

pathology and audiology services to the public.

     (b) The following words and terms when used in this chapter have the following meaning

unless otherwise indicated within the context:

     (1) "Audiologist" means an individual licensed by the board to practice audiology.

     (2) "Audiology" means the application of principles, methods, and procedures related to

hearing and the disorders of the hearing and balance systems, to related language and speech

disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is

defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the

physiological auditory/vestibular systems.

     (3) "Audiology support personnel" means individuals who meets minimum

qualifications, established by the board, which are less than those established by this chapter as

necessary for licensing as an audiologist, who do not act independently, and who work under the

direction and supervision of an audiologist licensed under this chapter who has been actively

working in the field for twenty-four (24) months after completion of the postgraduate

professional experience and who accepts the responsibility for the acts and performances of the

audiology assistant while working under this chapter.

     (3)(4) "Board" means the state board of examiners for speech language pathology and

audiology.

     (4)(5) "Clinical fellow" means the person who is practicing speech language pathology

under the supervision of a licensed speech language pathologist while completing the

postgraduate professional experience as required by this chapter.

     (5)(6) "Department" means the Rhode Island department of health.

     (6)(7) "Director" means the director of the Rhode Island department of health.

     (7)(8) "Person" means an individual, partnership, organization, or corporation, except that

only individuals can be licensed under this chapter.

     (8)(9)(i) "Practice of audiology" means rendering or offering to render any service in

audiology, including prevention, screening, and identification, evaluation, habilitation,

rehabilitation; participating in environmental and occupational hearing conservation programs,

and habilitation and rehabilitation programs including hearing aid and assistive listening device

evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training

and speech reading; conducting and interpreting tests of vestibular function and nystagmus;

conducting and interpreting electrophysiological measures of the auditory pathway; cerumen

management; evaluating sound environment and equipment; calibrating instruments used in

testing and supplementing auditory function; and planning, directing, conducting or supervising

programs that render or offer to render any service in audiology.

     (ii) The practice of audiology may include speech and/or language screening to a pass or

fail determination, for the purpose of initial identification of individuals with other disorders of

communication.

     (iii) A practice is deemed to be the "practice of audiology" if services are offered under

any title incorporating such word as "audiology", "audiologist", "audiometry", "audiometrist",

"audiological", "audiometrics", "hearing therapy", "hearing therapist", "hearing clinic", "hearing

clinician", "hearing conservation", "hearing conservationist", "hearing center", "hearing aid

audiologist", or any similar title or description of services.

     (9)(10)(i) "Practice of speech language pathology" means rendering or offering to render

any service in speech language pathology including prevention, identification, evaluation,

consultation, habilitation, rehabilitation; determining the need for augmentative communication

systems, dispensing and selling these systems, and providing training in the use of these systems;

and planning, directing, conducting, or supervising programs that render or offer to render any

service in speech language pathology.

     (ii) The practice of speech language pathology may include nondiagnostic pure tone air

conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or

fail determination, for the purpose of performing a speech and language evaluation or for the

initial identification of individuals with other disorders of communication.

     (iii) The practice of speech language pathology also may include aural rehabilitation,

which is defined as services and procedures for facilitating adequate receptive and expressive

communication in individuals with hearing impairment.

     (iv) A practice is deemed to be the "practice of speech language pathology" if services are

offered under any title incorporating such words as "speech pathology", "speech pathologist",

"speech therapy", "speech therapist", "speech correction", "speech correctionist", "speech clinic",

"speech clinician", "language pathology", "language pathologist", "voice therapy", "voice

therapist", "voice pathology", "voice pathologist", "logopedics", "logopedist", "communicology",

"communicologist", "aphasiology", "aphasiologist", "phoniatrist", or any similar title or

description of services.

     (10)(11) "Regionally accredited" means the official guarantee that a college or university

or other educational institution is in conformity with the standards of education prescribed by a

regional accrediting commission recognized by the United States Secretary of Education.

     (11)(12) "Speech language pathologist" means an individual who is licensed by the board

to practice speech language pathology.

     (12)(13) "Speech language pathology" means the application of principles, methods, and

procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation,

instruction, and research related to the development and disorders of human communication.

Disorders are defined to include any and all conditions, whether of organic or non-organic origin,

that impede the normal process of human communication in individuals or groups of individuals

who have or are suspected of having these conditions, including, but not limited to, disorders and

related disorders of:

     (i) Speech: articulation, fluency, voice, (including respiration, phonation and resonance);

     (ii) Language (involving the parameters of phonology, morphology, syntax, semantics

and pragmatics; and including disorders of receptive and expressive communication in oral,

written, graphic, and manual modalities);

     (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g.,

dysphasia, including disorders of swallowing and oral function for feeding; oro-facial

myofunctional disorders);

     (iv) Cognitive aspects of communication (including communication disability and other

functional disabilities associated with cognitive impairment); and

     (v) Social aspects of communication (including challenging behavior, ineffective social

skills, lack of communication opportunities).

     (14) "Speech language support personnel" means individuals who meet minimum

qualifications established by the board, which are less than those established by this chapter as

necessary for licensing as a speech language pathologist, who do not act independently, and who

work under the direction and supervision of a speech language pathologist licensed under this

chapter who has been actively working in the field for twenty-four (24) months after completion

of the postgraduate professional experience and who accepts the responsibility for the acts and

performances of the speech language pathology assistant while working under this chapter.

Speech language support personnel shall be registered with the board within thirty (30) days of

beginning work, or the supervising speech language pathologist will be assessed a late filing fee

as set forth in § 23-1-54.

     5-48-9. Fees – Late filing – Inactive status – Filing fees for support personnel

registration. –Fees – Late filing – Inactive status. – (a) The board may charge an application

fee; a biennial license renewal fee payable before July 1 of even years (biennially); or a

provisional license renewal fee as set forth in § 23-1-54 payable annually from the date of issue.

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

the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on

payment of the current renewal fee plus an additional late filing fee as set forth in § 23-1-54.

     (c) An individual licensed as a speech language pathologist and/or audiologist in this

state, not in the active practice of speech-language pathology or audiology within this state during

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

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

inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing

periods, after which period licensure shall be terminated and reapplication to the board shall be

required to resume practice.

     (d) Any individual whose name has been transferred to an inactive status may be restored

to active status within two (2) licensing periods without a penalty fee, upon the filing of:

     (1) An application for licensure renewal, with a licensure renewal fee as set forth in § 23-

1-54 made payable by check to the general treasurer of the state of Rhode Island; and

     (2) Any other information that the board may request.

     (e) Audiology and speech language pathology support personnel shall be registered with

the board within thirty (30) days of beginning work, or the supervising audiologist or speech

language pathologist shall be assessed a late filing fee as set forth in § 23-1-54.

     SECTION 10. Chapter 5-58 of the General Laws entitled “Auctioneers” is hereby

repealed in its entirety.

     5-58-1. Licensing of auctioneers and apprentices. – (a) Any person desiring to hold an

auctioneer's license or apprentice auctioneer's permit shall make written application for that

license or permit on appropriate forms provided by the director of the department of business

regulations. Each applicant shall be a person who has a good reputation for honesty, truthfulness,

and fair dealing; good moral character, and is competent and financially qualified to conduct the

business of an auctioneer or apprentice all of which may be considered by the director along with

any other information the director deems appropriate in determining whether the granting of the

application is in the public interest. Other information deemed appropriate includes, but is not

limited to, a criminal records check. The director shall process the criminal records check for all

resident applicants for an auctioneer's license. Non-resident applicants for an auctioneer's license

shall apply to the bureau of criminal identification of the state police for a nationwide criminal

records check. The bureau of criminal identification of the state police shall forward the results of

the criminal records check to the director. The director may deny any application for a license if

the director finds, based upon the results of the criminal records check, that the applicant has been

convicted of a felony. Each application for an auctioneer, apprentice auctioneer, or nonresident

auctioneer's license shall be accompanied by an application fee of ten dollars ($10.00).

     (b) Prior to the taking of the examination, each applicant shall pay an examination fee in

an amount to be established by the director of business regulation. Each applicant granted an

auctioneer's license shall pay a licensing fee of two hundred dollars ($200) per annum. Each

nonresident auctioneer applicant granted a license shall pay a licensing fee of three hundred

dollars ($300) per annum. Each applicant granted an apprentice auctioneer permit shall pay a

permit fee of twenty dollars ($20.00) per annum. There is a five dollar ($5.00) charge for issuance

of a duplicate license or permit to replace a lost, damaged, or destroyed original or renewal

license or permit. Fees for the replacement and for an original or renewal license or permit shall

be paid into the general fund. The director shall promulgate rules and regulations mandating the

term of the license or permit for each category of license or permit issued pursuant to this chapter.

No license or permit shall remain in force for a period in excess of three (3) years. The fee for the

initial license or renewal shall be determined by multiplying the per annum fee by the number of

years in the term of license or renewal. The entire fee for the full term of licensure must be paid

in full prior to issuing the renewal or initial license.

     5-58-2. Auctioneer's and apprentice's bond. – Every auctioneer, upon approval of

application and prior to issuance of a license or an apprentice permit, shall deliver and file with

the department of business regulation a surety company bond in favor of the people of the state of

Rhode Island in the principle asum not exceeding ten thousand dollars ($10,000) nor less than

two thousand dollars ($2,000), at the discretion of the director; and payable to any party injured

under the terms of the bond. The bond does not limit or impact any right of recovery available

pursuant to law nor is the amount of the bond relevant in determining the amount of damage or

other relief to which any claimant shall be entitled.

     5-58-6. Announcement of conditions of sale. – Every auctioneer before exposing any

real or personal estate to public sale shall make out, in writing, and sign and publicly read the

conditions of sale.

     5-58-7. Auctioneer's commission and apprentice's wage. – Whenever the whole

amount of sales at any public auction does not exceed four hundred dollars ($400), the auctioneer

has for making that sale two and one-half percent (2 1/2%) commission; if the amount of the sale

exceeds that sum and does not exceed twenty thousand dollars ($20,000), he or she shall have

only one percent (1%) on the excess; and if the amount of the sale does not exceed thirty

thousand dollars ($30,000), he or she shall have three-fourths percent ( 3/4%) on the excess; and

if the amount of the sale exceeds thirty thousand dollars ($30,000), he or she has one-fourth

percent ( 1/4%) on the excess. Nothing contained in this section shall be construed to prevent any

person interested in selling any property by auction from making a special contract with the

auctioneer for selling the property. Notwithstanding the preceding, agreement to change the

previously stated fee schedule may be made between auctioneers and either owners or consignees

of owners, only if those changes are specifically agreed to, in writing, by the parties. Auctioneers

shall enter into a written contract with owners or consignees of property sold at auction which

contract shall establish terms for any remuneration paid to the auctioneer for his or her services.

A copy of the contract shall be kept in the possession of the auctioneer for a period of three (3)

years and shall be made available for inspection by the director at his or her discretion.

Apprentices employed by licensed auctioneers in accordance with standards prescribed in

regulations promulgated under this chapter shall be paid for their services at a rate not less than

the minimum wage established by law. No apprentice shall enter into a verbal or written contract

or agreement for remuneration for services rendered when remuneration is separate, apart from,

or in addition to wages paid to the apprentice by the employing auctioneer.

     5-58-8. Regulation of sales. – The director of business regulation has the authority to

promulgate rules and regulations which are reasonable, proper, and necessary to enforce the

provisions of this chapter, to establish procedures for the preparation and processing of

examinations, applications, licenses, and permits for the conduct of auction sales; to deny,

suspend, or revoke licenses, or permits, to issue cease and desist orders, to assess administrative

penalties of up to one thousand dollars ($1,000) and to establish procedures for renewals, appeals,

hearings, and rulemaking proceedings.

     5-58-9. Officers of mortgagee forbidden to act as auctioneer in foreclosure. – No

officer of any corporation shall act as an auctioneer in the foreclosure of any mortgage held by

that corporation.

     5-58-10 Penalty for violations. – Any person acting as auctioneer or apprentice

auctioneer without a license is guilty of a misdemeanor. Anyone who is convicted shall be

punished by a fine not to exceed five hundred dollars ($500), or by imprisonment for a term not

to exceed ninety (90) days, or both the fine and imprisonment for each violation.

     5-58-11. Severability. – If any provision of this chapter or any rule or regulation made,

or the application under this chapter to any person or circumstances, is held invalid by a court of

competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of

that provision to other persons or circumstances, shall not be affected.

     SECTION 11. Chapter 5-59.1 of the General Laws entitled “Rhode Island Orthotics and

Prosthetics Practices” is hereby repealed in its entirety.

     5-59.1-1. Legislative Intent. – The purpose of this chapter is to safeguard the public

health to regulate the practice of orthotics and prosthetics by untrained and unethical persons.

     5-59.1-2. Short title. – This act shall be known and may be cited as "The Rhode Island

Orthotics and Prosthetics Practices Act".

     5-59.1-3. Definitions. – As used in this chapter:

     (1) "ABC" means the American Board for Certification in Orthotics and Prosthetics or its

successor agency.

     (2) "BOC" means the Board for Orthotist/Prosthetist Certification or its successor agency.

     (3) "Custom fabricated orthotics" or "custom made orthotics" means devices designed

and fabricated, in turn, from raw materials for a specific patient and require the generation of an

image, form, or mold that replicates the patient's body or body segment and, in turn, involves the

rectification of an image.

     (4) "Department" means the Rhode Island department of health.

     (5) "Director" means the director of the department of health.

     (6) "Direct-formed orthoses" means devices formed or shaped during the molding

process directly on the patient's body or body segment.

     (7) "Licensed Orthotist" means a person licensed under this chapter to practice orthotics.

     (8) "Licensed Prosthetist" means a person licensed under this chapter to practice

prosthetics.

     (9) "Off-the-shelf orthosis" means devices manufactured by companies registered with

the Federal Food and Drug Administration other than devices designed for a particular person

based on that particular person's condition.

     (10) "Orthosis" means a custom fabricated brace or support that is designed based on

medical necessity. Orthosis does not include prefabricated or direct-formed orthotic devices, as

defined in this section, or any of the following assistive technology devices: commercially

available knee orthoses used following injury or surgery; spastic muscle-tone inhibiting orthoses;

upper extremity adaptive equipment; finger splints; hand splints; wrist gauntlets; face masks used

following burns; wheelchair seating that is an integral part of the wheelchair and not worn by the

patient independent of the wheelchair; fabric or elastic supports; corsets; low-temperature formed

plastic splints; trusses; elastic hose; canes; crutches; cervical collars; dental appliances; and other

similar devises as determined by the director, such as those commonly carried in stock by a

pharmacy, department store, corset shop, or surgical supply facility.

     (11) "Orthotics" means the science and practice of evaluating, measuring, designing,

fabricating, assembling, fitting, adjusting or, servicing, as well as providing the initial training

necessary to accomplish the fitting of, an orthosis for the support, correction, or alleviation of

neuromuscular or musculoskeletal dysfunction, disease, injury or deformity. The practice of

orthotics encompasses evaluation, treatment, and consultation; with basic observational gait and

postural analysis, orthotists assess and design orthoses to maximize function and provide not only

the support but the alignment necessary to either prevent or correct deformity or to improve the

safety and efficiency of mobility or locomotion, or both. Orthotic practice includes providing

continuing patient care in order to assess its effect on the patient's tissues and to assure proper fit

and function of the orthotic device by periodic evaluation.

     (12) "Orthotist" means an allied health professional who is specifically trained and

educated to provide or manage the provision of a custom-designed, fabricated, modified and

fitted external orthosis to an orthotic patient, based on a clinical assessment and a physician's

prescription, to restore physiological function and/or cosmesis, and certified by ABC or BOC.

     (13) "Physician" means a doctor of allopathic medicine (M.D.), osteopathic medicine

(D.O.), podiatric medicine (D.P.M.), and chiropractic medicine (D.C.).

     (14) "Prefabricated orthoses" or "off-shelf orthoses" means devices that are manufactured

as commercially available stock items for no specific patient.

     (15) "Prosthesis" means an artificial limb that is alignable or, in lower extremity

applications, capable of weight bearing. Prosthesis also means an artificial medical device that is

not surgically implanted and that is used to replace a missing limb, appendage, or other external

human body part including an artificial limb, hand, or foot. The term does not include artificial

eyes, ears, noses, dental appliances, osotmy products, or devices such as eyelashes or wigs or

artificial breasts.

     (16) "Prosthetics" means the science and practice of evaluation, measuring, designing,

fabricating, assembling, fitting, aligning, adjusting or servicing, as well as providing the initial

training necessary to accomplish the fitting of, a prosthesis through the replacement of external

parts of a human body, lost due to amputation or congenital deformities or absences. The practice

of prosthetics also includes the generation of an image, form, or mold that replicates the patient's

body or body segment and that requires rectification of dimensions, contours and volumes for use

in the design and fabrication of a socket to accept a residual anatomic limb to, in turn, create an

artificial appendage that is designed either to support body weight or to improve or restore

function or cosmesis, or both. Involved in the practice of prosthetics is observational gait analysis

and clinical assessment of the requirements necessary to refine and mechanically fix the relative

position of various parts of the prosthesis to maximize function, stability, and safety of the

patient. The practice of prosthetics includes providing and continuing patient care in order to

assess the prosthetic device's effect on the patient's tissues and to assure proper fit and function of

the prosthetic device by periodic evaluation.

     (17) "Prosthetist" means a practitioner, certified by the ABC or BOC, who provides care

to patients with partial or total absence of a limb by designing, fabricating, and fitting devices,

known as prostheses. At the request of and in consultation with physicians, the prosthetist assists

in formulation of prescriptions for prostheses, and examines and evaluates patients' prosthetic

needs in relation to their disease entity and functional loss. In providing the prostheses, he or she

is responsible for formulating its design, including selection of materials and components;

making all necessary costs, measurements and model modifications; performing fittings including

static and dynamic alignments; evaluating the prosthesis on the patient; instructing the patient in

its use, and maintaining adequate patient records; all in conformity with the prescription.

     5-59.1-4. Licensing of practitioners. – The department shall issue to those persons

eligible under the provisions of this chapter certificate licenses attesting to their qualifications to

practice as certified licensed orthotists or prosthetists.

     5-59.1-5. Application for orthotic or prosthetic license. – Any person who desires to be

licensed as set forth in § 5-59.1-4 shall in writing submit an application on forms provided by the

department for a license accompanied by a fee as set forth in § 23-1-54 with all other credentials

that the department requires and as required by this chapter. All the proceeds of any fees collected

pursuant to the provisions of this chapter shall be deposited as general revenues.

     5-59.1-6. Qualifications for license. – (a) Qualification for licensing under this chapter

shall be the possession of the title "certified prosthetist" or "certified orthotist", as issued by and

under the rules of the American Board for Certification in Orthotics and Prosthetics, Inc. or the

Board for Orthotist/Prosthetist certification. Evidence of the possession of that title shall be

presented to the department.

     (b) In order to qualify for a license to practice orthotics or prosthetics a person shall

provide proof of:

     (1) Possession of a baccalaureate degree from an accredited college or university;

     (2) Completion of an orthotic, or prosthetic education program that meets or exceeds the

requirements of the National Commission on Orthotic and Prosthetic Education;

     (3) Completion of a clinical residency in orthotics and/or prosthetics that meets or

exceeds the standards of the National Commission on Orthotic and Prosthetic Education; and

     (4) Current certification by ABC or BOC in the discipline for which the application

corresponds.

     5-59.1-7. Use of "licensed prosthetist" or "licensed orthotist" title. – No person

offering service to the public shall use the title licensed prosthetist or licensed orthotist or shall

use the abbreviation "L.P." or "L.O", or in any other way represent themselves as licensed

practitioners unless they hold a current license as provided in this chapter.

     5-59.1-8. Exceptions. – This chapter shall not be construed to prohibit:

     (a) A physician licensed in this state from engaging in the practice for which he or she is

licensed;

     (b) The practice of orthotics or prosthetics by a person who is employed by the federal

government while in the discharge of the employee's official duties;

     (c) The practice of orthotics or prosthetics by a resident continuing his or her clinical

education in a residency accredited by the National Commission on Orthotic and Prosthetic

Education;

     (d) Consistent with his or her license, a licensed pharmacist, physical or occupational

therapist, or certified athletic trainer from engaging in his or her profession; or

     (e) Measuring, fitting, or adjusting an off-the-shelf orthosis by employees or authorized

representatives of an orthosis manufacturer, which is registered with the Federal Food and Drug

Administration when such employee or representative is supervised by a physician.

     5-59.1-9. License and biannual renewal required. – No person may practice orthotics

or prosthetics without a license issued under authority of this chapter, which license has not been

suspended or revoked as provided under this chapter, without renewal biannually, as provided in

§ 5-59.1-12.

     5-59.1-10. Grandfather clause. – Any person currently practicing full-time in the state

of Rhode Island on January 1, 2007 in an orthotist and/or prosthetic facility as a certified BOC or

ABC orthotist and/or prosthetist must file an application for licensure prior to sixty (60) days

after January 1, 2007 to continue practice at his or her identified level of practice. The applicant

must provide verifiable proof of active certification in orthotics and/or prosthetics by the ABC or

BOC. This section shall not be construed to grant licensing to a person who is a certified or

registered orthotic or prosthetic "fitter" or orthotic or prosthetic "assistant."

     5-59.1-11. Limitation on provisions of care and services. – A licensed orthotist and/or

prosthetist may provide care and services only if care and services are provided pursuant to an

order from a licensed physician, unless the item which may be purchased without a prescription.

     5-59.1-12. Relicensing – Renewal. – Every holder of a license issued under this chapter

shall biannually attest to the department as to current certification issued by the American Board

of Certification in Orthotics and Prosthetics or the Board for Orthotists/Prosthetist Certification.

All licenses issued under this chapter shall expire biannually on the last day of September of

every odd numbered year. A biennial renewal fee as set forth in § 23-1-54 shall be required.

Every orthotist and prosthetist shall conform to the standards of the American Board for

Certification in Orthotics and Prosthetics or Board for Orthotists/Prosthetists Certification.

     5-59.1-13. Rules and regulations. – The department is authorized to promulgate such

regulations as it deems necessary to implement the provisions of this chapter.

     5-59.1-14. Responsibilities of the department. – In addition to other authority provided

by law, the department has the authority to:

     (1) Register applicants, issue licenses to applicants who have met the education, training

and requirements for licensure, and deny licenses to applicants who do not meet the minimum

qualifications;

     (2) Maintain the official department records of all applicants and licensees;

     (3) Establish requirements and procedures for an inactive license; and

     (4) Seek the advice and knowledge of the prosthetic and orthotic associations in this state

on any matter relating to the enforcement of this chapter.

     5-59.1-15. Penalty for violations. – Any person, firm, corporation or association

violating any of the provisions of this chapter is deemed to have committed a misdemeanor and

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

imprisonment for a period not to exceed three (3) months, or both, and for a second or subsequent

violation by a fine of not less than three hundred dollars ($300) nor more than five hundred

dollars ($500), or imprisonment for one year, or both the fine and imprisonment.

     5-59.1-16. Severability. – If any provision of this chapter or of any rule or regulation

made under this chapter, or the application of this chapter to any person or circumstances, is held

invalid by a court of competent jurisdiction, the remainder of the chapter, rule or regulation, and

the application of that provision to other persons or circumstances shall not be affected.

     5-59.1-17. Advisory Board of orthotics and prosthetics practice – Composition –

Appointment and terms – Powers and duties. – (a) There is hereby created an advisory

licensing board to review applications for licensure to obtain a license as an orthotist or

prosthetist pursuant to this chapter of the general laws. The review of each applicant's licensing

shall require that the applicant have completed an NCOPE (National Commission on Orthotic and

Prosthetic Education); accredited residency under a board certified practitioner in the respective

discipline; and meet all of the requirements of the chapter. The board shall conduct its interviews

and/or investigation and shall report its findings to the director of the department of health.

     (b) The licensing board shall be composed of three (3) persons: the director of the

department of health, or his or her designee; one board certified Rhode Island state licensed

prosthetist; and one board certified Rhode Island state licensed orthotist. The board certified

orthotist and the board certified prosthetist shall be certified by the American Board of

Certification in orthotics and prosthetics and licensed by the State of Rhode Island, shall serve for

three (3) year terms and shall be selected by the board of directors of the Rhode Island Society of

Orthotists and Prosthetists, Inc. The members of the board shall serve without compensation.

     SECTION 12. Sections 5-68.1-2, 5-68.1-4, 5-68.1-5, and 5-68.1-8 of the General Laws in

Chapter 5-68.1 entitled “Radiologic Technologists” are hereby amended to read as follows:

     5-68.1-2. Definitions. – As used in this chapter:

     (1) "Authorized user" means a licensed practitioner who meets the training and

experience requirements defined in rules and regulations promulgated pursuant to chapter 23-1.3.

     (2) "Board" means the board of radiologic technology.

     (3) "Department" means the Rhode Island department of health.

     (4) "Director" means the director of the Rhode Island department of health.

     (5) "Financial interest" means being:

     (i) A licensed practitioner of radiologic technology; or

     (ii) A person who deals in goods and services that are uniquely related to the practice of

radiologic technology; or

     (iii) A person who has invested anything of value in a business that provides radiologic

technology services.

     (6) "License" means a license issued by the director to practice radiologic technology.

     (7) "Licensed practitioner" means an individual licensed to practice medicine,

chiropractic, or podiatry, or an individual licensed as a registered nurse practitioner or physician

assistant in this state.

     (8) "Medical physicist" means an individual, other than a licensed practitioner, who

practices independently one or more of the subfields of medical physics, and is registered or

licensed under rules and regulations promulgated pursuant to section 23-1.3

     (9) "National organization" means a professional association or registry, approved by the

director, that examines, registers, certifies or approves individuals and education programs

relating to operators of sources of radiation.

     (10) "Nuclear medicine technologist" means an individual, other than a licensed

practitioner, who compounds, calibrates, dispenses and administers radiopharmaceuticals,

pharmaceuticals, and radionuclides under the general supervision of an authorized user for benefit

of performing a comprehensive scope of nuclear medicine procedures, and who has met and

continues to meet the licensure standards of this chapter.

     (11) "Person" means any individual, corporation, partnership, firm, association, trust,

estate, public or private institution, group, agency, political subdivision of this state or any other

state, or political subdivision of any agency thereof and any legal successor, representative, agent

or agency of the foregoing.

     (12) "Radiation therapist" means an individual, other than a licensed practitioner, who

utilizes ionizing radiation under the general supervision of an authorized user for the planning and

delivery of therapeutic procedures, and who has met and continues to meet the licensure

standards of this chapter.

     (13) "Radiology technologist" also known as a "radiographer" means an individual, other

than a licensed practitioner, who performs a comprehensive scope of diagnostic radiologic

procedures under the general supervision of a licensed practitioner using external ionizing

radiation, resulting in radiographic or digital images, and who has met and continues to meet the

licensure standard of this chapter.

     (14) "Radiologist" means a licensed practitioner specializing in radiology who is certified

by or eligible for certification by the American Board of Radiology or the American Osteopathic

Board of Radiology, the British Royal College of Radiology, or the Canadian College of

Physicians and Surgeons.

     (15) "Radiologist assistant" means an unlicensed individual, other than a licensed

practitioner, who performs as an advanced level radiologic technologist and works under the

general supervision of a radiologist to enhance patient care by assisting the radiologist in the

medical imaging environment, and who has met and continues to meet the licensure standards of

this chapter is certified by the American Registry of Radiologic Technologists, or by a

comparable national certifying board as approved by the director.

     (1516)(16) "Source of radiation" means any substance or device emitting or capable of

producing ionizing radiation, for the purpose of performing therapeutic or diagnostic radiologic

procedures on human beings.

     (1617)(17) "Student" means an individual enrolled in a course of study for medicine or

radiologic technology.

     (1718)(18) "Supervision" means and includes:

     (i) "Direct supervision" means supervision and control by a licensed practitioner who

assumes legal liability for the services rendered by the radiologic technologist, which supervision

requires the physical presence of the licensed practitioner for consultation and direction of the

actions of the radiologic technologist.

     (ii) "General supervision" means supervision whereby a licensed practitioner, who

assumes legal liability for the services rendered, authorizes the services to be performed by the

radiologic technologist, which supervision, except in cases of emergency, requires the easy

availability or physical presence of the licensed practitioner for consultation and direction of the

actions of the radiologic technologist.

     5-68.1-4. License required. – (a) No individual shall practice radiologic technology or

shall represent themselves as practicing radiologic technology, unless they are licensed under this

chapter. The provisions of this section do not apply to:

     (1) A licensed practitioner when practicing within his or her field of expertise.

     (2) A student of medicine, when under the general supervision of an instructor who is a

radiologist and when acting within the scope of practice.

     (3) A dentist, licensed dental hygienist or certified dental assistant when practicing within

his or her field of expertise.

     (4) A podiatry assistant who has received a "certificate of completion" from the

Community College of Rhode Island or other equivalent training approved by the board, after

having taken and passed the course on "radiography for podiatry assistance" and when acting

within the practice of podiatry.

     (5) A medical physicist when practicing within his or her field of expertise.

     (6) A licensed healthcare provider at a licensed ambulatory care facility on Block Island

and where the director of health determines a waiver of the licensure requirements to be in the

interest of public health.

     (7) A radiologist assistant who is certified by the American Registry of Radiologic

Technologists, or by a comparable national certifying board as approved by the director.

     (b) Nothing in this chapter is intended to limit, preclude or interfere with the practice of

persons and health care providers licensed by appropriate agencies of Rhode Island.

     (c) This chapter does not prohibit an individual enrolled in an approved school of

radiologic technology, under the direct supervision of a radiologist or a licensed radiologic

technologist, from performing those duties essential for completion of a student's clinical service.

     (d) This chapter is not intended to supersede the mammography rules and regulations

promulgated pursuant to § 23-17-32.

     5-68.1-5. Licensure standards. – (a) The director shall develop standards for licensure

of the following categories of radiologic technology:

     (1) Radiographer;

     (2) Nuclear medicine technologist;

     (3) Radiation therapist; and

     (4) Radiologist assistant.

     (b) The director may promulgate rules and regulations which authorize additional

categories of licensure, consistent with a radiologic technology certification established by the

American Registry of Radiologic Technologists, the Nuclear Medicine Technology Certification

Board or other national organization.

     (c) The director may promulgate rules and regulations that establish requirements for

radiologic technologist authorization to operate hybrid imaging modalities, including, but not

limited to, a combination nuclear medicine-computed tomography device.

     5-68.1-8. Other licensing provisions. – (a) Each radiologic technologist license issued

by the director shall only specify one category of radiologic technology. An individual qualified

to practice more than one category of radiologic technology shall submit a separate application

for each category to be licensed. Each radiologic technologist license issued by the director shall

indicate, as appropriate, that the individual is a licensed radiographer, a licensed nuclear medicine

technologist, a licensed radiation therapist, a licensed radiologist assistant or other category of

radiologic technology license established by the director pursuant to subsection 5-68.1-5(c).

     (b) Unless licensed as a radiologic technologist pursuant to this chapter, no individual

shall use any title or abbreviation to indicate that the individual is a licensed radiologic

technologist.

     (1) An individual holding a license as a radiographer may use the title "Licensed

Radiologic Technologist-Radiographer" or the letters "LRT-R" after his or her name.

     (2) An individual holding a license as a radiation therapy technologist may use the title

"Licensed Radiologic Technologist-Therapy" or the letters "LRT-T" after his or her name.

     (3) An individual holding a license as a nuclear medicine technologist may use the title

"Licensed Radiologic Technologist-Nuclear Medicine" or the letters "LRT-N" after his or her

name.

     (4) An individual holding a license as a radiologist assistant may use the title "Licensed

Radiologist Assistant" or the letters "LRA" after his or her name.

     (c) A valid license issued pursuant to this chapter shall be carried on the person of the

radiologic technologist while performing the duties for which the license is required.

     (d) Licenses, with the exception of initial licenses, shall be issued for a period of two (2)

years.

     (e) The director shall promulgate rules and regulations which specify a renewal date for

all licenses issued pursuant to this chapter.

     (f) The director shall promulgate rules and regulations which specify the minimum

continuing education credits required for renewal of a radiologic technologist license. Failure to

attest to completion of the minimum continuing education credits shall constitute grounds for

revocation, suspension or refusal to renew the license.

     SECTION 13. Section 5-68.1-9 of the General Laws in Chapter 5-68.1 entitled

“Radiologic Technologists” is hereby repealed.

     5-68.1-9. Special requirements pertaining to licensure of radiologist assistants. – (a)

The director shall promulgate rules and regulations that delineate the specific duties allowed for a

licensed radiologist assistant. These duties shall be consistent with guidelines adopted by the

American College of Radiology, the American Society of Radiologic Technologists and the

American Registry of Radiologic Technologists, with the level of supervision required by such

guidelines.

     (b) A licensed radiologist assistant is specifically not authorized to:

     (1) Perform nuclear medicine or radiation therapy procedures unless currently licensed

and trained to perform those duties under the individual's nuclear medicine technologist or

radiation therapy technologist license;

     (2) Interpret images;

     (3) Make diagnoses; and

     (4) Prescribe medications or therapies.

     SECTION 14. The title of Chapter 16-11.1 of the General Laws entitled "Certification of

Athletic Coaches" is hereby amended to read as follows:

CHAPTER 16-11.1

Certification of Athletic Coaches

CHAPTER 16-11.1

ATHLETIC COACHES

     SECTION 15. Section 16-11.1-1 of the General Laws in Chapter 16-11.1 entitled

“Certification of Athletic Coaches” is hereby amended to read as follows:

     16-11.1-1. Certification of athletic coaches – Athletic coaches - Red cross fFirst aid

course required. – Athletic coaches - First aid course required. – The department of

elementary and secondary education shall promulgate rules and regulations concerning the

necessary requirements for first aid certification for any person who coaches in any athletic

program in any school supported wholly or in part by public money. No person shall coach in any

athletic program in any school supported wholly or in part by public money unless the person

shall have acquired a certificate of qualification issued by or under the authority of the

department of elementary and secondary education which indicates that the person has, no more

than three (3) years prior to the application for certification, successfully completed the minimum

of a red cross first aid course or a comparable course approved by the department of elementary

and secondary education. Participating schools shall require annual proof of current and valid first

aid training from all coaches in their athletic programs.

     SECTION 16. Section 20-2-30 of the General Laws in Chapter 20-2 entitled “Licensing”

is hereby amended to read as follows:

     20-2-30. Fur trapping and buying licenses Fur trapping and licenses. – (a)(1) Fur

trapper – Resident: ten dollars ($10.00);

     (2) Fur trapper – Non-resident: thirty dollars ($30.00);

     (3) Fur buyer – Resident: ten dollars ($10.00);

     (4) Fur buyer – Non-resident: thirty dollars ($30.00).

     (b) Fur trapper and fur buyer licenses expire on the last day of March of each year.

     SECTION 17. Sections 20-16-14 and 20-16-15 of the General Laws in Chapters 20-16

entitled “Fur-bearing Animals” are hereby repealed.

     20-16-14. Fur buyer's license. – No person, firm, or corporation shall purchase raw furs

within this state unless the person, firm or corporation has a valid fur buyer's license. Raw fur

buyer's licenses shall be issued by the department upon application and payment of license fees as

provided in chapter 2 of this title.

     20-16-15. Fur buyers – Records and reports. – All licensed fur buyers shall keep

records of purchase of furs within the state, which shall be open to the inspection by personnel of

the department of environmental management at all times. A complete and accurate record of

purchases within the state shall be furnished to the department upon request. Failure to do so

within fourteen (14) days may be punishable by forfeiture of license and no future license shall be

granted if, in the opinion of the director, information is being deliberately withheld.

     SECTION 18. Sections 23-16.2-2, 23-16.2-6 and 23-16.2-7 of the General Laws in

Chapter 23-16.2 entitled "Laboratories" are hereby amended to read as follows:

     23-16.2-2. Definitions. –When used in this chapter:

     (1) "Analytical laboratory" means a facility for the biological, microbiological, chemical,

physical, and radiochemical examination of potable water, nonpotable water or other

environmental matrices.

     (2) "Clinical laboratory" means a facility for the biological, microbiological, serological,

chemical, immunohematological, hematological, radiobioassay, cytological, pathological, or

other examination of materials derived from the human body for the purposes of providing

information for the diagnosis, prevention, or treatment of any disease or impairment of or the

assessment of the health of human beings.

     (3) "Director" means the director of the department of health.

     (4) "Persons" means any individual, firm, partnership, corporation, company, association,

or joint stock association.

     (5) "Station" means a facility for the collection, processing, and transmission of the

materials described in subdivisions (1) and (2) for the purposes described in subdivisions (1) and

(2).

     (6) "Certification" means the determination by the department of health that an analytical

laboratory is capable of performing specific tests or analyses of environmental samples in

accordance with the requirements of the regulations promulgated pursuant to this chapter.

     (7) "Clinical laboratory test" or "laboratory test" means a microbiological, serological,

chemical, hematological, radiobioassay, cytological, immunological, or other pathological

examination which is performed on material derived from the human body, the test or procedure

conducted by a clinical laboratory which provides information for the diagnosis, prevention, or

treatment of a disease or assessment of a medical condition.

     (8) “Nationally recognized certification examination” means an appropriate examination,

as determined by the director, covering both academic and practical knowledge, including, but

not limited to, those offered by the American Society of Clinical Pathologists (ASCP), American

Medical Technologists (AMT), National Credentialing Agency (NCA), or the American

Association of Bioanalysts Board of Registry (AAB), and including any appropriate categorical

or specialty examinations.

     23-16.2-6. Issuance or denial of license. – Not less than thirty (30) days from the time

any application for the license is received, the director shall grant the application and issue a

license to maintain a laboratory or station if the director shall be satisfied that the applicant

complies with the rules and regulations promulgated in accordance with this chapter, establishing

standards for the qualifications of personnel and adequacy of equipment and facilities. The

standards for qualification of personnel who perform clinical laboratory tests shall require, as a

minimum, successful completion of a nationally recognized certification examination.

Notwithstanding this requirement, the director may establish, by regulation, alternative criteria for

individuals who previously qualified under federal regulatory requirements, such as 42 CFR §

493.1433 of the March 14, 1990 federal register, or other criteria which may be established to

have met the requirements of this chapter. shall include provision for minimum standards of

professional education or experience, as determined by the director. The director may provide for

the examination of applicants to determine their qualifications. Notwithstanding the preceding

statements in this section, upon payment of any applicable license fees, the director may grant

immediate licensure to any clinical laboratory licensed as a clinical laboratory in another state and

certified under the Clinical Laboratory Improvement Act of 1988, when the clinical laboratory

has been asked to perform a clinical laboratory service which is not offered by any other clinical

laboratory then licensed in this state.

     23-16.2-7. Suspension and revocation of license. – (a) The department of health may

revoke or suspend the license or specific certification of any laboratory or station for conduct by

or chargeable to the laboratory or stations as follows:

     (1) Failure to observe any term of the license or specific certification issued under

authority of this chapter by the department of health;

     (2) Failure to observe any order made under authority of this chapter or under the

statutory authority vested in the department of health;

     (3) Engaging in, aiding, abetting, causing, or permitting any action prohibited under this

chapter;

     (4) Failing to observe any regulations promulgated by the department of health.

     (b) Whenever the director shall have reason to believe that any laboratory or station, for

the maintenance of which the director has issued a license or specific certification as provided for

in § 23-16.2-4, is being maintained in violation of the rules and regulations provided in § 23-16.2-

5, the director may, pending an investigation and hearing, suspend for a period not exceeding

thirty (30) days, any license or specific certification issued under authority of this chapter and

may, after due notice and hearing, revoke the license or specific certification if the director finds

that the laboratory or station is being maintained in violation of the rules and regulations. The

holder of a license shall upon its revocation promptly surrender the license or specific

certification to the director.

     (c) The director may revoke or suspend the license, or may impose appropriate fines as

promulgated in regulation, of any laboratory or station that does not ensure that all personnel

meet the requirements of this chapter.

     SECTION 19. Chapter 23-16.3 of the General Laws entitled "Clinical Laboratory Science

Practice" is hereby repealed in its entirety.

CHAPTER 23-16.3

Clinical Laboratory Science Practice

     23-16.3-1. Short title. -- This chapter shall be known and may be cited as the "Clinical

Laboratory Science Practice Act".

     23-16.3-2. Declaration of policy and statement of purpose. -- It is declared to be a

policy of the state that the practice of clinical laboratory science by health care professionals

affects the public health, safety, and welfare and is subject to control and regulation in the public

interest. It is further declared that clinical laboratories and clinical laboratory science practitioners

provide essential services to practitioners of the healing arts by furnishing vital information which

may be used in the diagnosis, prevention, and treatment of disease or impairment and the

assessment of the health of humans. The purpose of this chapter is to provide for the better

protection of public health by providing minimum qualifications for clinical laboratory science

practitioners, and by ensuring that clinical laboratory tests are performed with the highest degree

of professional competency by those engaged in providing clinical laboratory science services in

the state.

     23-16.3-3. Definitions. -- The following words and terms when used in this chapter have

the following meaning unless otherwise indicated within the context:

      (1) "Accredited clinical laboratory program" means a program planned to provide a

predetermined amount of instruction and experience in clinical laboratory science that has been

accredited by one of the accrediting agencies recognized by the United States Department of

Education.

      (2) "Board" means the clinical laboratory science board appointed by the director of

health.

      (3) "Clinical laboratory" or "laboratory" means any facility or office in which clinical

laboratory tests are performed.

      (4) "Clinical laboratory science practitioner" or "one who engages in the practice of

clinical laboratory science" means a health care professional who performs clinical laboratory

tests or who is engaged in management, education, consulting, or research in clinical laboratory

science, and includes laboratory directors, supervisors, clinical laboratory scientists

(technologists), specialists, and technicians working in a laboratory, but does not include persons

employed by a clinical laboratory to perform supportive functions not related to direct

performance of laboratory tests and does not include clinical laboratory trainees. Provided,

however, nothing contained in this chapter shall apply to a clinical perfusionist engaged in the

testing of human laboratory specimens for extracorporeal functions, which shall include those

functions necessary for the support, treatment, measurement, or supplementation of the

cardiopulmonary or circulatory system of a patient.

      (5) "Clinical laboratory scientist" and/or "technologist" means a person who performs

clinical laboratory tests pursuant to established and approved protocols requiring the exercise of

independent judgment and responsibility, maintains equipment and records, performs quality

assurance activities related to test performance, and may supervise and teach within a clinical

laboratory setting.

      (6) "Clinical laboratory technician" means a person who performs laboratory tests

pursuant to established and approved protocols which require limited exercise of independent

judgment and which are performed under the personal and direct supervision of a clinical

laboratory scientist (technologist), laboratory supervisor, or laboratory director.

      (7) "Clinical laboratory test" or "laboratory test" means a microbiological, serological,

chemical, hematological, radiobioassay, cytological, immunological, or other pathological

examination which is performed on material derived from the human body, the test or procedure

conducted by a clinical laboratory which provides information for the diagnosis, prevention, or

treatment of a disease or assessment of a medical condition.

      (8) "Department" means the Rhode Island department of health.

      (9) "Director" means the director of the Rhode Island department of health.

      (10) "Limited function test" means a test conducted using procedures which as

determined by the director have an insignificant risk of an erroneous result, including those

which:

      (i) Have been approved by the United States Food and Drug Administration for home

use;

      (ii) Employ methodologies that are so simple and accurate as to render the likelihood of

erroneous results negligible; or

      (iii) The director has determined pose no reasonable risk of harm to the patient if

performed incorrectly.

     23-16.3-4. Exceptions. -- This chapter shall not apply to:

      (1) Any person performing clinical laboratory tests within the scope of his or her practice

and for which he or she is licensed pursuant to any other provisions of the general laws.

      (2) Clinical laboratory science practitioners employed by the United States government

or any bureau, division, or agency of the United States government while in the discharge of the

employee's official duties.

      (3) Clinical laboratory science practitioners engaged in teaching or research, provided

that the results of any examination performed are not used in health maintenance, diagnosis, or

treatment of disease.

      (4) Students or trainees enrolled in a clinical laboratory science education program

provided that these activities constitute a part of a planned course in the program, that the persons

are designated by title such as intern, trainee, or student, and the persons work directly under the

supervision of an individual licensed by this state to practice laboratory science.

      (5) Individuals performing limited function tests.

     23-16.3-5. License required. -- (a) No person shall practice clinical laboratory science or

hold himself or herself out as a clinical laboratory science practitioner in this state unless he or

she is licensed pursuant to this chapter.

      (b) All persons who were engaged in the practice of clinical laboratory science on July 1,

1992, who are certified by or eligible for certification by an agency approved by the department

of health, and who have applied to the department of health on or before July 1, 1994, and have

complied with all necessary requirements for the application, may continue to perform clinical

laboratory tests until July 1, 1995 unless the application is denied by the department of health, or

the withdrawal of the application, whichever occurs first.

      (c) Persons not meeting the education, training, and experience qualifications for any

license described in this chapter may be considered to have met the qualifications providing they

have:

      (1) Three (3) years acceptable experience between January 1, 1986 and January 1, 1996

and submits to the department of health the job description of the position which the applicant has

most recently performed attested to by his or her employer and notarized; or

      (2) No less than twelve (12) years acceptable experience prior to 1993 and submits to the

department of health the job description of the position which the applicant has most recently

performed attested to by his or her employer and notarized on or before December 1, 2001.

      (d) After December 1, 2001, no initial license shall be issued until an applicant meets all

of the requirements under this chapter, and successfully completes a nationally recognized

certification examination, such as NCA, DHHS, ASCP, state civil service examination, or others

including appropriate categorical and specialty exams. Provided, however, that the provisions of

this subsection shall not be available to any individual who has been previously denied a license

as a clinical laboratory science practitioner by the department of health.

     23-16.3-6. Administration. -- (a) There is created within the division of professional

regulation of the department of health a clinical laboratory advisory board which shall consist of

seven (7) persons who have been residents of the state for at least two (2) years prior to their

appointment, and who are actively engaged in their areas of practice. The director of the

department of health, with the approval of the governor, shall make appointments to the board

from lists submitted by organizations of clinical laboratory science practitioners and

organizations of physicians and pathologists.

      (b) The board shall be composed of:

      (1) One physician certified by the American Board of Pathology or American Board of

Osteopathic Pathology;

      (2) One physician who is not a laboratory director and is not a pathologist;

      (3) Four (4) clinical laboratory science practitioners, at least one of whom is a non-

physician laboratory director, one of whom is a clinical laboratory scientist (technologist), and

one of whom is a clinical laboratory technician, and who, except for the initial appointments, hold

active and valid licenses as clinical laboratory science practitioners in this state and one of whom

is a clinical laboratory science practitioner not falling in one of the first three (3) categories; and

      (4) One public member who is not associated with or financially interested in the

practice of clinical laboratory science.

      (c) Board members shall serve for a term of three (3) years, and until their successors are

appointed and qualified, except that the initial appointments, which shall be made within sixty

(60) days after July 1, 1992, shall be as follows:

      (1) One pathologist, one non-physician laboratory director, and one clinical laboratory

scientist, shall be appointed to serve for three (3) years;

      (2) One public representative and one non-pathologist physician, shall be appointed to

serve for two (2) years; and

      (3) The remaining members shall be appointed to serve for one year.

      (d) The membership of the board shall receive no compensation for their services.

      (e) Whenever a vacancy shall occur on the board by reason other than the expiration of a

term of office, the director of the department of health with the approval of the governor shall

appoint a successor of like qualifications for the remainder of the unexpired term. No person shall

be appointed to serve more than two (2) successive three (3) year terms.

     23-16.3-7. Duties and powers of the clinical laboratory advisory board. -- In addition

to any other power conferred upon the board pursuant to this chapter, the board shall recommend

to the director:

      (1) Rules and regulations for the implementation of this chapter including, but not

limited to, regulations that delineate qualifications for licensure of clinical laboratory science

practitioners as defined in this chapter, specify requirements for the renewal of licensure,

establish standards of professional conduct, and recommend on the amendment or on the repeal

of the rules and regulations. Following their adoption, the rules and regulations shall govern and

control the professional conduct of every person who holds a license to perform clinical

laboratory tests or otherwise engages in the profession of clinical laboratory science;

      (2) Standard written, oral, or practical examinations for purposes of licensure of clinical

laboratory science practitioners as provided for in § 23-16.3-5;

      (3) Rules and regulations governing qualifications for licensure of specialists in those

clinical laboratory science specialties that the board may determine in accordance with § 23-16.3-

8(c);

      (4) Rules and regulations governing personnel performing tests in limited function

laboratories;

      (5) A schedule of fees for applications and renewals;

      (6) Establish criteria for the continuing education of clinical laboratory science

practitioners as required for license renewal;

      (7) Any other rules and regulations necessary to implement and further the purpose of

this chapter.

     23-16.3-8. Standards for licensure. -- (a) Clinical laboratory scientist (technologist). -

The department of health shall issue a clinical laboratory scientist's license to an individual who

meets the qualifications developed by the board, including at least one of the following

qualifications:

      (1) A baccalaureate degree in clinical laboratory science (medical technology) from an

accredited college or university whose curriculum included appropriate clinical education;

      (2) A baccalaureate degree in biological, chemical, or physical science from an

accredited college or university, and subsequent to graduation has at least twelve (12) months of

appropriate clinical education in an accredited clinical laboratory science program;

      (3) A baccalaureate degree which includes a minimum of thirty-six (36) semester (or

equivalent) hours in the biological, chemical, and physical sciences from an accredited college or

university plus two (2) years of full-time work experience including a minimum of four (4)

months in each of the four (4) major disciplines of laboratory practice (clinical chemistry, clinical

microbiology, hematology, immunology/immunohematology); or

      (4) A baccalaureate degree consisting of ninety (90) semester (or equivalent) hours,

thirty-six (36) of which must be in the biological, chemical, or physical sciences, from an

accredited university, and appropriate clinical education in an accredited clinical laboratory

science program.

      (5) A clinical laboratory scientist (technologist) who previously qualified under federal

regulatory requirements such as 42 CFR § 493.1433 of the March 14, 1990 federal register or

other regulations or criteria which may be established by the board.

      (b) Clinical laboratory technician. - The department of health shall issue a clinical

laboratory technician's license to an individual who meets the qualifications promulgated by the

board, including at least one of the following qualifications:

      (1) An associate degree or completion of sixty (60) semester (or equivalent) hours from a

clinical laboratory technician program (MLT or equivalent) accredited by an agency recognized

by the United States Department of Education that included a structured curriculum in clinical

laboratory techniques;

      (2) A high school diploma (or equivalent) and (i) completion of twelve (12) months in a

technician training program in an accredited school such as CLA (ASCP) clinical laboratory

assistant (American Society of Clinical Pathologists), and MLT-C medical laboratory technician-

certificate programs approved by the board; or (ii) successful completion of an official military

medical laboratory procedure course of at least fifty (50) weeks duration and has held the military

enlisted occupational specialty of medical laboratory specialist (laboratory technician); or

      (3) A clinical laboratory technician who previously qualified under federal regulatory

requirements such as 42 CFR § 493.1441 of the March 14, 1990 federal register which meet or

exceed the requirements for licensure set forth by the board.

      (c) Clinical histologic technician. - The department of health shall issue a clinical

histologic technician license to an individual who meets the qualifications promulgated by the

board, including at least one of the following:

      (1) Associate degree or at least sixty (60) semester hours (or equivalent) from an

accredited college/university to include a combination of mathematics and at least twelve (12)

semester hours of biology and chemistry, and successfully complete an accredited program in

histologic technique or one full year of training in histologic technique under the supervision of a

certified histotechnologist or an appropriately certified histopathology supervisor with at least

three (3) years experience.

      (2) High school graduation (or equivalent) and two (2) years full time acceptable

experience under the supervision of a certified/licensed clinical histologic technician at a licensed

clinical laboratory in histologic technique.

      (d) Cytotechnologist. - The department of health shall issue a cytotechnologist license to

an individual who meets the qualifications promulgated by the board including at least one of the

following:

      (1) A baccalaureate degree from an accredited college or university with twenty (20)

semester hours (30 quarter hours) of biological science, eight (8) semester hours (12 quarter

hours) of chemistry, and three (3) semester hours (4 quarter hours) of mathematics and successful

completion of a twelve (12) month cytotechnology program.

      (2) A baccalaureate degree from an accredited college or university with twenty (20)

semester hours (30 quarter hours) of biological science, eight (8) semester hours (12 quarter

hours) of chemistry, and three (3) semester hours (4 quarter hours) of mathematics and five (5)

years full time acceptable clinical laboratory experience including cytopreparatory techniques,

microscopic analysis, and evaluation of the body systems within the last ten (10) years. At least

two (2) of these years must be subsequent to the completion of the academic component and at

least two (2) years must be under the supervision of a licensed physician who is a pathologist,

certified, or eligible for certification, by the American Board of Pathology in anatomic pathology

or has other suitable qualifications acceptable to the board.

      (3) A cytotechnologist who previously qualified under federal regulatory requirements

such as 42 CFR § 493.1437 of the March 14, 1990 federal register.

      (e) The board shall recommend standards for any other clinical laboratory science

practitioners specializing in areas such as nuclear medical technology, radioimmunoassay,

electron microscopy, forensic science, molecular biology, or similar recognized academic and

scientific disciplines with approval of the director of health.

     23-16.3-9. Waiver of requirements. -- The board shall recommend regulations

providing procedures for waiver of the requirements of § 23-16.3-8 for all applicants who hold a

valid license or its equivalent issued by another state; provided that the requirements under which

that license or its equivalent was issued to meet or exceed the standards required by this chapter

with the approval of the director. The board may also recommend regulations it deems

appropriate with respect to individuals who hold valid licenses or their equivalent in other

countries.

     23-16.3-10. Licensure application procedures. -- (a) Licensure applicants shall submit

their application for licensure to the department of health upon the forms prescribed and furnished

by the department of health, and shall pay the designated application or examination fee.

      (b) Upon receipt of application and payment of a fee, the department of health shall issue

a license for a clinical laboratory scientist or technologist, a clinical laboratory technician, or an

appropriate specialty license to any person who meets the qualifications specified in this chapter

and the regulations promulgated under this chapter.

      (c) The board may recommend a procedure for issuance of temporary permits to

individuals otherwise qualified under this chapter who intend to engage in clinical laboratory

science practice in this state for a limited period of time not to exceed eighteen (18) months.

      (d) The board may recommend a procedure for issuance of provisional licenses to

individuals who otherwise qualify under this chapter but are awaiting the results of certification

examinations. A provisional license so issued shall be converted to a license under the provisions

of § 23-16.3-8 or expire not more than twelve (12) months after issuance. At the discretion of the

board, the provisional license may be reissued at least one time with the director's approval.

     23-16.3-11. Licensure renewal. -- (a) Licenses issued pursuant to this chapter shall

expire on a date and time specified by the department of health.

      (b) Every person licensed pursuant to this chapter shall be issued a renewal license every

two (2) years upon:

      (1) Submission of an application for renewal on a form prescribed by the department of

health and payment of an appropriate fee recommended by the board; and

      (2) Proof of completion, in the period since the license was first issued or last renewed,

of at least thirty (30) hours of continuing education courses, clinics, lectures, training programs,

seminars, or other programs related to clinical laboratory practice which are approved or accepted

by the board; or proof of re-certification by a national certification organization that mandates an

annual minimum of fifteen (15) hours of continuing education, such as the National Certification

Agency for Medical Laboratory Personnel.

      (c) The board may recommend any other evidence of competency it shall deem

reasonably appropriate as a prerequisite to the renewal of any license provided for by this chapter,

as long as these requirements are uniform as to application, are reasonably related to the

measurement of qualification, performance, or competence, and are desirable and necessary for

the protection of the public health.

     23-16.3-12. Disciplinary requirements. -- The board may recommend to the director of

health issuance, renewal, or revocation of a license, or suspension, placement on probation,

censure, or reprimand of a licensee, or any other disciplinary action that the board may deem

appropriate, including the imposition of a civil penalty, for conduct that may result from, but not

necessarily be limited to:

      (1) A material misstatement in furnishing information to the department of health;

      (2) A violation or negligent or intentional disregard of this chapter, or of the rules or

regulations promulgated under this chapter;

      (3) A conviction of any crime under the laws of the United States or any state or territory

of the United States which is a felony or which is a misdemeanor, an essential element of which

is dishonesty, or of any crime which is directly related to the practice of the profession;

      (4) Making any misrepresentation for the purpose of obtaining registration or violating

any provision of this chapter;

      (5) Violating any standard of professional conduct adopted by the board;

      (6) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely

to deceive, defraud, or harm the public;

      (7) Providing professional services while mentally incompetent, under the influence of

alcohol or narcotic or controlled dangerous substance that is in excess of therapeutic amounts or

without valid medical indication;

      (8) Directly or indirectly contracting to perform clinical laboratory tests in a manner

which offers or implies an offer of rebate, fee-splitting inducements or arrangements, or other

unlawful remuneration; or

      (9) Aiding or assisting another person in violating any provision of this chapter or any

rule adopted under this chapter.

     23-16.3-13. Hearing requirements -- Procedure. -- (a) The proceedings for the

revocation, suspension or limiting of any license may be initiated by any person, corporation,

association, or public officer or by the board by the filing of written charges with the board, but

no license shall be revoked, suspended, or limited without a hearing before the board within sixty

(60) days after the filing of written charges in accordance with the procedures established by the

board. A license may be temporarily suspended without a hearing for the period not to exceed

thirty (30) days upon notice to the licensee following a finding by the board that there exists a

significant threat to the public health and approved by the director.

      (b) Any appeal from the action of the board shall be in accordance with the provisions of

chapter 35 of title 42.

     23-16.3-14. Roster of licenses. -- The department of health shall maintain a roster of the

names and addresses of persons currently licensed and registered under the provision of this

chapter, and of all persons whose licenses have been suspended or revoked within the previous

year.

     23-16.3-15. Receipts. -- The proceeds of any fees collected pursuant to the provisions of

this chapter shall be deposited as general revenues.

     23-16.3-16. Severability. -- If any provision of this chapter or the application of any

provision to any person or circumstance shall be held invalid, that invalidity shall not affect the

provisions or application of this chapter which can be given effect without the invalid provision

or application, and to this end the provisions of the chapter are declared to be severable.

     SECTION 20. Chapter 23-19.3 of the General Laws entitled “Sanitarians” is hereby

repealed in its entirety.

     23-19.3-1. Definitions. -- The following words as used in this chapter shall, unless the

context requires otherwise, have the following meanings:

      (1) "Division" means the division of professional regulation in the department of health.

      (2) "Sanitarian" means a person with broad basic education experience in the field of

environmental health sciences and technology, and who is qualified to carry out instructional and

surveillance duties and enforce the laws in the field of environmental health.

     23-19.3-2. Division of professional regulation -- Powers and duties. -- The division of

professional regulation shall have the following powers and duties:

      (1) To prepare and establish regulations governing registration of sanitarians.

      (2) To appoint persons to prepare and administer examinations to applicants for

registration as sanitarian.

     23-19.3-3. Qualification for registration. -- The division of professional regulation shall

establish the minimum educational and experience qualifications which applicants must possess

before being allowed to take the examinations for registration as sanitarians and may, in a similar

manner, provide for the issuance of certificates of registration without examination to persons

holding certificates of registration or licenses as sanitarians under the laws of another state, where

the requirements are substantially equivalent or exceed the requirements of this state.

     23-19.3-4. Ad hoc committee. -- The director of health may establish, as the director

deems necessary, an ad hoc committee of three professional environmental health scientists who

are registered sanitarians with 10 or more years' experience in the field of environmental health

services to assist the division of professional regulation in establishing any standards deemed

necessary to carry out the provisions of this chapter.

     23-19.3-5. Application for registration -- Examination -- Issuance of certificate. -- (a)

A person who desires to be registered as a sanitarian shall file with the division of professional

regulation an application upon a form to be prescribed and furnished by the division of

professional regulation. He or she shall include in the application, under oath, his or her

qualifications as a sanitarian. The application shall be accompanied by a registration fee as set

forth in § 23-1-54.

      (b) If the division of professional regulation deems the education qualifications of the

applicant are satisfactory and if he or she passes an examination, both written and oral,

satisfactory to the division of professional regulation, the division shall issue him or her a

certificate of registration. The certificate of registration shall expire at the end of the calendar

year, and may be renewed on or before January fifteenth (15th) of the following year. The fee for

renewal of a certificate of registration shall be as set forth in § 23-1-54.

     23-19.3-6. Designation of registered sanitarian. -- Any person to whom a certificate of

registration as a sanitarian has been issued shall have the right to use after his name the title

"registered sanitarian" or the letters "R.S." No other person shall assume the title or use the letters

or any other words, letters, or writing to indicate that he or she is a registered sanitarian.

     23-19.3-7. Restricted receipts. -- From the proceeds of any fees collected pursuant to the

provisions of this chapter, there is created a restricted receipts account which shall be used for the

general purposes of the division of professional regulation within the Rhode Island department of

health.

      (a) No person, firm, corporation, partnership, or association shall engage in the business

of pumping, cleaning, and/or transporting septage, industrial wastes, or oil waste unless a license

is obtained from the department of environmental management.

      (b) Any person, firm, corporation, partnership or association who desires to engage in

this business shall submit in writing in any form as is required by the department, an application

for a license to engage in this business.

     23-19.3-8. Repealed.. --

     23-19.3-9. Repealed.. --

     SECTION 21. Section 41-5-21 of the General Laws in Chapter 41-5 entitled “Boxing and

Wrestling” is hereby amended to read as follows: