2018 -- H 8122

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LC005505

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO LICENSES GENERALLY

     Introduced By: Representatives Abney, Marshall, and Ruggiero

     Date Introduced: April 26, 2018

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 3-5-18 of the General Laws in Chapter 3-5 entitled “Licenses

Generally” is hereby amended to read as follows:

     3-5-18. Signature on licenses – Posting and exhibition. 

     (a) All retail licenses issued under chapter 7 of this title shall bear the signature written by

hand, or electronic signature, of the clerk of the licensing board, body, or officials issuing them,

and shall not be printed, stamped, typewritten, engraved, photographed or cut from one

instrument and attached to another and shall be displayed by the licensee, on the premises and

shall be exhibited on demand to any deputy sheriff, to any city or town sergeant, constable,

officer or member of the city or town police or to any member of the department of state police or

agent of the department.

     (b) All retail licenses shall be displayed within the premises but need not be posted. The

license shall be exhibited to any deputy sheriff of the county, to any city or town sergeant,

constable, officer or member of the city or town police or to any member of the department of

state police or agent of the department who request proof that the establishment is duly licensed. 

     SECTION 2. Section 3-6-13 of the General Laws in Chapter 3-6 entitled “Manufacturing

and Wholesale Licenses” is hereby repealed.

     3-6-13. License bonds to state. 

     As conditions precedent to the issuance by the department of any manufacturer's license,

rectifier's license, wholesaler's Class A license, wholesaler's Class B license, and wholesaler's

Class C license under the provisions of this chapter, the person applying for a license shall give

bond to the general treasurer of the state in a penal sum in the amount that the department of

business regulation requests with at least two (2) resident sureties satisfactory to the department

of business regulation, or a surety company authorized to do business in this state as surety,

which bond shall be on condition that the licensee will not violate, or suffer to be violated, on any

licensed premises under his or her control any of the provisions of this chapter or of chapter 5 of

this title or of chapters 10, 34, or 45 of title 11 or §§ 11-2-1, 11-9-13, 11-9-15, 11-11-5, 11-18-2 –

11-18-4, 11-20-1, 11-20-2, 11-23-4, 11-31-1 or 11-37-2 – 11-37-4 and on condition that the

licensee will pay all costs and damages incurred by any violation of any of those chapters or

sections and shall also pay to the division of taxation the license fee required by this chapter. 

     SECTION 3. Sections 3-6-1, 3-6-1.2, 3-6-3, 3-6-9, 3-6-10, 3-6-11, 3-6-12 of the General

Laws in Chapter 3-6 entitled “Manufacturing and Wholesale Licenses” are hereby amended to

read as follows:

     3-6-1. Manufacturer's license. 

     (a) A manufacturer's license authorizes the holder to establish and operate a brewery,

distillery, or winery at the place described in the license for the manufacture of beverages within

this state. The license does not authorize more than one of the activities of operator of a brewery

or distillery or winery and a separate license shall be required for each plant.

     (b) The license also authorizes the sale at wholesale, at the licensed place by the

manufacturer of the product of the licensed plant, to another license holder and the transportation

and delivery from the place of sale to a licensed place or to a common carrier for that delivery.

The license does authorize the sale of beverages for consumption on premises where sold;

provided that the manufacturer does not sell an amount in excess of thirty-six ounces (36 oz.) of

malt beverage or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a

combination not greater than three (3) drinks where a drink is defined as twelve ounces (12 oz.)

of beer or one and one-half ounces (1.5 oz.) of spirits, for consumption on the premises. The

license also authorizes the sale of beverages produced on the premises in an amount not in excess

of two hundred eighty-eight ounces (288 oz.) of malt beverages, or seven hundred fifty milliliters

(750 ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more

than seventy-two ounces (72 oz.) each. These beverages may be sold to the consumers for off-

premises consumption, and shall be sold pursuant to the laws governing retail Class A

establishments. The containers for the sale of beverages for off-premises consumption shall be

sealed. The license does not authorize the sale of beverages in this state for delivery outside this

state in violation of the law of the place of delivery. The license holder may provide to visitors, in

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conjunction with a tour and/or tasting, samples, clearly marked as samples, not to exceed three

hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces

(72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the product of

the licensed plant to visitors for off-premises consumption. The license does not authorize

providing samples to a visitor of any alcoholic beverages for off-premises consumption that are

not manufactured at the licensed plant.

     (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for

a distillery producing less than or equal to fifty thousand (50,000) gallons per year; five hundred

dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500) for a winery

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per

year for a winery producing less than fifty thousand (50,000) gallons per year. All those fees are

prorated to the year ending December 1 in every calendar year and shall be paid to the division of

taxation and be turned over to the general treasurer for the use of the state.

     3-6-1.2. Brewpub manufacturer's license. 

     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of

the beverages manufactured on the location for consumption on the premises. The license shall

not authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments.

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common

carrier for that delivery.

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under § 3-6-9 or 3-6-11.

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per

year for a brewpub producing less than fifty thousand (50,000) gallons per year. The annual fee is

prorated to the year ending December 1 in every calendar year and paid to the division of taxation

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and turned over to the general treasurer for the use of the state. 

     3-6-3. Rectifier's license. 

     The department is authorized to issue rectifiers' licenses in accordance with the

provisions of §§ 3-6-4 – 3-6-8. The fee provided shall be prorated to the year ending December 1

in every calendar year and be paid to the division of taxation and turned over to the general

treasurer for the use of the state. 

     3-6-9. Wholesaler's license – Class A. 

     A wholesaler's license, Class A, authorizes the holder to keep for sale and to sell malt

beverages and wines at wholesale at the place described to holders of licenses under this title

within this state and to holders of wholesale licenses in other states and the transportation and

delivery from the place of sale to those license holders or to a common carrier for that delivery.

Sales by a wholesaler in this state to a holder of a wholesale license in another state shall be only

to a wholesaler who is a distributor of the same brand of malt beverages or wines subject to

permission by the department. The license shall not authorize the sale of malt beverages or wines

for consumption on the premises where sold nor their sale for their delivery outside this state in

violation of the law of the place of delivery. The annual fee for the license is two thousand dollars

($2,000) prorated to the year ending December 1 in every calendar year, and shall be paid to the

division of taxation and turned over to the general treasurer for the use of the state. Whenever any

malt beverages or wines are sold outside the state pursuant to this section, refunds or credits of

import fees previously paid on those malt beverages or wines shall be made to holders of

wholesaler's licenses under this title in accordance with regulations promulgated by the division

of taxation. 

     3-6-10. Wholesaler's license – Class B. 

     (a) A wholesaler's license, Class B, authorizes the holder to keep for sale and to sell malt

and vinous beverages and distilled spirits at wholesale, at the place described in the license, to

holders of licenses under this title within this state and to holders of wholesale licenses in other

states and authorizes the transportation and delivery from the place of sale to those license

holders or to a common carrier for that delivery. Sales by a wholesaler in this state to a holder of

a wholesale license in another state shall be only to a wholesaler who is a distributor of the same

brand of malt beverages, vinous beverages, and distilled spirits subject to permission by the state

liquor control administrator. The license shall not authorize the sale of beverages for consumption

on the premises where sold nor the sale of beverages for delivery outside this state in violation of

the law of the place of delivery.

     (b) The annual fee for the license is four thousand dollars ($4,000) prorated to the year

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ending December 1 in every calendar year, and shall be paid to the division of taxation and turned

over to the general treasurer for the use of the state whenever any malt beverages, vinous

beverages, and distilled spirits are sold outside the state pursuant to this section. Refunds or

credits of import fees previously paid on malt beverages, vinous beverages and distilled spirits

shall be made to holders of wholesaler's licenses under this title in accordance with regulations

promulgated by the division of taxation. 

     3-6-11. Wholesaler's Class C license. 

     A wholesaler's Class C license authorizes the holder to manufacture, transport, import,

export, deliver, and sell alcohol for mechanical, manufacturing, medicinal, or chemical purposes

only, or to any registered pharmacist, licensed pharmacy, drug store, or apothecary shop, or to

any registered physician or dentist, or to any hospital or educational or scientific institution, for

use other than beverage purposes. The annual fee for the license is two hundred dollars ($200)

and shall be paid to the division of taxation and turned over to the general treasurer for the use of

the state. 

     3-6-12. Agents' licenses. 

     Any person who represents a distillery, winery, or brewery is deemed and taken to be

acting as an agent for and on behalf of that distillery, winery, or brewery, and is required to have

received from the department a license to act as an agent. The annual fee for that license is fifty

dollars ($50.00) paid to the division of taxation general treasurer. The department may, after

notice, suspend or revoke any license for cause. 

     SECTION 4. Section 3-7-15 of the General Laws in Chapter 3-7 entitled “Retail

Licenses” is hereby amended to read as follows:

     3-7-15. Class G license.

     (a) A Class G retailer's license shall be issued only to any dining car company, sleeping

car company, parlor car company, and railroad company operating in this state, or any company

operating passenger carrying marine vessels in this state, or any airline operating in this state, and

authorizes the holder of the license to keep for sale and to sell in its dining cars, sleeping cars,

buffet cars, club cars, lounge cars and any other cars used for the transportation or

accommodation of passengers, and in or on any passenger-carrying marine vessel, and in any

airplane, beverages for consumption therein or thereon, but only when actually en route.

     (b) In addition, the holder of the Class G license for a passenger-carrying marine vessel

may serve alcoholic beverages at retail aboard the vessel during the period thirty (30) minutes

prior to the scheduled departure and until departure, provided that the local licensing board

annually consents.

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     (c) Each company or airline to which the license is issued shall pay to the department an

annual fee of two hundred fifty dollars ($250) for the license, and one dollar ($1.00) for each

duplicate of the license, which fees are paid into the state treasury.

     (d) The license expires one year from its date and is good throughout the state as a state

license, and only one license is required for all cars or airplanes, but a license issued to any

company or person operating passenger-carrying marine vessels in this state shall authorize the

sale of beverages only in the passenger-carrying marine vessel designated and no further license

shall be required or tax levied by any city or town for the privilege of selling beverages for

consumption in those cars or on those vessels or in those airplanes. Each licensed dining car

company, sleeping car company, and railroad car company shall keep a duplicate of the license

posted in each car where beverages are sold. The department shall issue duplicates of the license

from time to time upon the request of any licensed company upon the payment of the fee of one

dollar ($1.00).

     SECTION 5. Sections 5-10-16 and 5-10-33 of General Laws in Chapter 5-10 entitled

“Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians” are hereby repealed.

     5-10-16. Application of zoning laws. 

     The practice of barbering, manicuring and/or hairdressing, and cosmetic therapy shall be

considered a business under the zoning laws of the several cities and towns, and licenses are

issued only in compliance with the zoning laws of the city or town in which the shop, place of

business, or establishment is located. 

     5-10-33. Payment of fees.

     All fees that are required to be paid under the provisions of this chapter shall be paid to

the department of health and deposited as general revenues.

     SECTION 6. Section 5-25-10 of the General Laws in Chapter 5-25 entitled “Veterinary

Practice” is hereby amended to read as follows:

     5-25-10. Qualifications for licensure.

     Any applicant for licensure shall submit to the department written evidence on forms

furnished by the department verified by oath that the applicant meets all of the following

requirements:

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

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

Educational Council for Foreign Veterinary Graduates;

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

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

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

and

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

and

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

     SECTION 7. Section 5-30-6 of the General Laws in Chapter 5-30 entitled “Chiropractic

Physicians” is hereby amended to read as follows:

     5-30-6. Qualifications and examinations of applicants.

     Every person desiring to begin the practice of chiropractic medicine, except as provided

in this chapter, shall present satisfactory evidence to the division of professional regulation of the

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

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

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

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

arts degree and subsequently graduated from a school or college of chiropractic medicine

approved by the division of professional regulation of the department of health, and has

completed a residential course of at least four (4) years, each year consisting of at least nine (9)

months study. Any qualified applicant shall take an examination before the state board of

chiropractic examiners to determine his or her qualifications to practice chiropractic medicine.

Every applicant for an examination shall pay a fee as set forth in § 23-1-54 for the examination to

the division of professional regulation. Every candidate who passes the examination shall be

recommended by the division of professional regulation of the department of health to the

director of the department of health to receive a certificate of qualification to practice chiropractic

medicine.

     SECTION 8. Section 5-34-10 of the General Laws in Chapter 5-34 entitled “Nurses” is

hereby amended to read as follows:

     5-34-10. Qualifications of professional nurse applicants.

     An applicant for licensure to practice as a professional nurse shall submit to the board

written evidence on forms furnished by the division of professional regulation, verified by oath,

that the applicant:

     (1) Has completed at least an approved high school course of study or the equivalent

supported by diploma or certificate of the course of study as determined by the rules and

regulations of the state board of education;

     (2) Has successfully completed the prescribed curriculum in an approved basic

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professional nursing education program and holds a diploma from the program; and

     (3) Is of good moral character.

     SECTION 9. Section 5-35.1-3 of the General Laws in Chapter 5-35.1 entitled

“Optometrists” is hereby amended to read as follows:

     5-35.1-3. Application for examination and license.

     Every person desiring to be licensed to practice optometry as provided in this chapter

shall file with the department, in the form prescribed by the department, an application, verified

by oath, presenting the facts which entitle the applicant to a license to practice optometry under

this chapter. No one shall be permitted to practice optometry in this state without a valid license.

     SECTION 10. Section 5-37.2-12.1 of the General Laws in Chapter 5-37.2 entitled “The

Healing Art of Acupuncture and Oriental Medicine” is hereby amended to read as follows:

     5-37.2-12.1. Examination requirements and issuance of license.

     (a) No person shall be licensed as a doctor of acupuncture and Oriental medicine unless

he or she has passed the examination by the National Commission of Certification of

Acupuncture and Oriental Medicine. National Certification Commission for Acupuncture and

Oriental Medicine or successor entity.

     (b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory proof

that he or she:

     (1) Is a United States citizen or legal alien;

     (2) Has demonstrated proficiency in the English language;

     (3) Is at least twenty one (21) years of age;

     (4) Is of good moral character;

     (5) Has completed an accredited program of at least thirty-six (36) months and not less

than twenty-five hundred (2,500) hours of training and has received a certificate or diploma from

an institute approved by the Accreditation Commission for Schools and Colleges of Acupuncture

and Oriental Medicine, according to the provisions of this chapter; provided, that this subdivision

does not apply to anyone licensed to practice under chapter 37 of this title who is qualified to take

and pass the test by the National Commission for the Certification of Acupuncture and Oriental

Medicine;

     (6) Has completed a clinical internship training that is designated as appropriate by the

National Commission for the Certification of Acupuncture and Oriental Medicine; and

     (7) Has three (3) letters of reference from reputable individuals other than relatives and at

least two (2) of which are from licensed or registered doctors of acupuncture and Oriental

medicine.

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     SECTION 11. Sections 5-40-6 and 5-40-6.1 of the General Laws in Chapter 5-40 entitled

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

     5-40-6. Qualification of physical therapists.

     Any applicant for licensure shall submit to the board written evidence on forms furnished

by the department of health, verified by oath, that the applicant meets all of the following

requirements:

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

     (2) Is of good moral character;

     (3) Has graduated from an education program in physical therapy accredited by the

Commission on Accreditation of Physical Therapy Education (CAPTE) or other accrediting

agency as approved by the department in consultation with the board, in the year of the

applicant's graduation; and

     (4) Has passed the National Physical Therapy Examination (NPTE) of the Federation of

State

     Boards of Physical Therapy (FSBPT) or other physical therapy certification examination

as approved by the department in consultation with the board to determine the applicant's fitness

to engage in the practice of physical therapy.

     5-40-6.1. Qualifications of physical therapist assistants.

     Any applicant for licensure shall submit to the board written evidence on forms furnished

by the department of health, verified by oath, that the applicant meets all of the following

requirements:

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

     (2) Is of good moral character;

     (3) Has graduated from an educational program in physical therapy accredited by the

Commission on Accreditation of Physical Therapy Education (CAPTE) or other accrediting

agency as approved by the department in consultation with the board, in the year of said

applicant's graduation; and

     (4) Has passed the National Physical Therapy Examination (NPTE) of the Federation of

State Boards of Physical Therapy (FSBPT) or other physical therapy assistant certification

examination as approved by the department in consultation with the board to determine the

applicant's fitness to engage in the practice of physical therapy.

     SECTION 12. Section 5-40.1-8 of the General Laws in Chapter 5-40.1 entitled

“Occupational Therapy” is hereby amended to read as follows:

     5-40.1-8. Requirements for licensure.

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     (a) Any applicant seeking licensure as an occupational therapist or occupational therapy

     assistant in this state must:

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

     (2) Be of good moral character;

     (3) Have successfully completed the academic requirements of an education program in

occupational therapy accredited by the American Occupational Therapy Association's

Accreditation Council for Occupational Therapy Education or other therapy accrediting agency

that may be approved by the board;

     (4) Have successfully completed a period of supervised fieldwork experience arranged by

the recognized educational institution where he or she met the academic requirements:

     (i) For an occupational therapist, a minimum of twenty-four (24) weeks of supervised

fieldwork experience shall be required;

     (ii) For an occupational therapy assistant, a minimum of twelve (12) weeks shall be

required;

     (5) Have successfully passed the National Certification Examination for Occupational

Therapists, Registered, or National Certification Examination for Occupational Therapy

Assistants, of the National Board for Certification in Occupational Therapy (NBCOT) or other

occupational therapy certification examination as approved by the board.

     (b) Application for licensure to practice occupational therapy in this state either by

endorsement or by examination shall be made on forms provided by the division, which shall be

completed, notarized, and submitted to the board thirty (30) days prior to the scheduled date of

the board meeting. The application shall be accompanied by the following documents:

     (1) Three (3) affidavits from responsible persons attesting to the applicant's good moral

character; Is of good moral character, evidenced in the manner prescribed by the department.

     (2) For U.S. citizens: a certified copy of birth record or naturalization papers;

     (3) For non-U.S. citizens: documented evidence of alien status, such as immigration

papers or resident alien card or any other verifying papers acceptable to the administrator;

     (4) Documented evidence and supporting transcripts of qualifying credentials as

prescribed in this section;

     (5) One unmounted passport photograph of the applicant (head and shoulder view)

approximately 2x3 inches in size;

     (6) (5) A statement from the board of occupational therapy in each state in which the

applicant has held or holds licensure, or is otherwise subject to state regulation, to be submitted to

the board of this state attesting to the licensure status of the applicant during the time period the

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applicant held licensure in that state; and

     (7) (6) The results of the written national examination of the National Board for

Certification in Occupational Therapy (NBCOT).

     (c)(1) Applicants seeking licensure as occupational therapists or occupational therapy

assistants are required to pass the national written examination of the National Board for

Certification in Occupational Therapy (NBCOT) approved by the board to test the applicant's

fitness to engage in the practice of occupational therapy pursuant to the provisions of this chapter.

     (2) The date, time, and place of examinations shall be available from the National Board

for Certification in Occupational Therapy (NBCOT).

     (d) In case any applicant fails to satisfactorily pass an examination, the applicant shall be

entitled to re-examination.

     (e) Occupational therapists and occupational therapy assistants who are licensed or

regulated to practice under laws of another state or territory or the District of Columbia may,

upon receiving a receipt from the division, perform as an occupational therapist or occupational

therapy assistant under the supervision of a qualified and licensed occupational therapist or

occupational therapy assistant. If this applicant fails to receive licensure when the board reviews

the application, all previously mentioned privileges automatically cease.

     (f) Applicants from foreign occupational therapy schools must meet the requirements of

the National Board for Certification in Occupational Therapy (NBCOT) and present evidence of

passage of the National Certification Examination for Occupational Therapists or the National

Certification Examination for Occupational Therapy Assistants of the NBCOT. Applicants must

meet all of the appropriate requirements for licensure to the satisfaction of the board and in

accordance with the statutory and regulatory provisions of this chapter.

     SECTION 13. Section 5-44-9 of the General Laws in Chapter 5-44 entitled

“Psychologists” is hereby amended to read as follows:

     5-44-9. Qualifications of psychologists.

     An applicant for licensure shall submit to the board written evidence acceptable to the

department, verified under oath, that the applicant:

     (1) Is of good moral character;

     (2) Has received a doctorate degree in psychology from a college or university whose

program of study for that degree at that time meets or exceeds the stated requirements for

approval by the American Psychological Association, or its equivalent in terms of excellence of

education and training, or a doctorate degree in an allied field whose education and training

requirements are substantially similar to current American Psychological Association standards of

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accreditation for the granting of a doctorate in psychology;

     (3) Has had the requisite supervised experience as deemed acceptable to the board as

delineated in the rules and regulations;

     (4) Has passed an examination conducted by the board to determine his or her

qualification for licensure as a psychologist, or is applying under the provisions of § 5-44-11;

     SECTION 14. Sections 5-63.2-9 and 5-63.2-10 of the General Laws in Chapter 5-63.2

entitled “Mental Health Counselors and Marriage and Family Therapists” is hereby amended to

read as follows:

     5-63.2-9. Qualifications of licensed clinical mental health counselors.

     (a) An applicant for licensure shall submit to the board written evidence on forms

furnished by the division of professional regulation verified under oath that the applicant:

     (1) Is of good character; and

     (2) Has received a graduate degree specializing in counseling/therapy from a college or

university accredited by the New England Association of Schools and Colleges, or an equivalent

regional accrediting agency, and which has the approval by a cognizable national or regional

certifying authority; and

     (3) Has completed sixty (60) semester hours or ninety (90) quarter hours within their

graduate counseling/therapy program; and

     (4) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter

hours of supervised practicum and a minimum of one calendar year of supervised internship

consisting of twenty (20) hours per week or its equivalent with emphasis in mental health

counseling supervised by the department within the college or university granting the requisite

degree or by an accredited postgraduate clinical training program recognized by the United States

Department of Education, or education and/or experience which is deemed equivalent by the

board; and

     (5) Has completed a minimum of two (2) years of relevant postgraduate experience,

including at least two thousand (2,000) hours of direct client contact offering clinical or

counseling or therapy services with emphasis in mental health counseling subsequent to being

awarded a master's degree, certificate of advanced graduate study or doctorate; and

     (6) A minimum of one hundred (100) hours of post-degree supervised case work spread

over a two (2) year period; provided, that the supervision was provided by a person who at the

time of rendering the supervision was recognized by the board as an approved supervisor; and

     (7) Has passed to the satisfaction of the board an examination conducted by it to

determine the applicant's qualification for licensure as a clinical mental health counselor or is

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applying for licensure under the provisions of § 5-63.2-15.

     (b) A candidate shall be held to have qualified for licensure as a clinical mental health

counselor upon the affirmative vote of at least four (4) members of the board, two (2) of whom

must be mental health counselors on the board.

     5-63.2-10. Qualifications of licensed – Marriage and family therapists.

     (a) An applicant for licensure shall submit to the board written evidence on forms

furnished by the division of professional regulation verified under oath that the applicant:

     (1) Is of good character; and

     (2) Has completed a graduate degree program specializing in marital and family therapy

from a college or university accredited by the New England Association of Schools and Colleges,

or an equivalent regional accreditation agency; and

     (3) Has completed sixty (60) semester hours or ninety (90) quarter hours within their

graduate degree program specializing in marital and family therapy; and

     (4) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter

hours of supervised practicum and a one calendar year of supervised internship consisting of

twenty (20) hours per week or its equivalent with emphasis in marriage and family therapy

supervised by the department within the college or university granting the requisite degree or by

an accredited postgraduate clinical training program, approved by the commission on

accreditation for marriage and family therapy education recognized by the United States

department of education or education and/or experience which is deemed equivalent by the board;

and

     (5) Has had a minimum of two (2) years of relevant postgraduate experience, including at

least two thousand (2,000) hours of direct client contact offering clinical or counseling or therapy

services with emphasis in marriage and family therapy subsequent to being awarded a master's

degree or doctorate; and

     (6) Has had a minimum of one hundred (100) hours of post-degree supervised case

spread over two (2) years; provided, that the supervision was provided by a person who at the

time of rendering the supervision was recognized by the board as an approved supervisor; and

     (7) Has passed to the satisfaction of the board an examination conducted by it to

determine the applicant's qualifications for licensure as a marriage and family therapist or is

applying for licensure under the provisions of § 5-63.2-15.

     (b) A candidate shall be qualified for licensure as a marriage and family therapist upon

the affirmative vote of at least four (4) members of the board, two (2) of whom must be marriage

and family therapists on the board.

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     SECTION 15. Section 5-86-9 of the General Laws in Chapter 5-86 entitled “Licensing of

Applied Behavior Analysts” is hereby amended to read as follows:

     5-86-9. Qualifications and examinations for licensing.

     (a) An applicant for licensure as a licensed applied behavior analyst shall submit to the

board written evidence on forms furnished by the department verified under oath (i.e. notarized)

that said applicant:

     (1) Be of good moral character;

     (2) Has obtained a graduate degree in applied behavior analysis or a related field, as

approved by the board, from a college or university accredited by the New England association of

schools and colleges, or an equivalent regional accrediting agency, and which has the approval by

a national or regional certifying authority, including but not limited to the applied behavior

analyst licensing board;

     (3) Has successfully completed the amount of coursework in applied behavior analysis

acceptable to the board;

     (4) Has appropriate supervised experience to include either: (i) One year, including one

thousand five hundred (1,500) hours of supervised independent fieldwork in applied behavior

analysis. The distribution of supervised independent fieldwork hours must be at least ten (10)

hours per week, but not more than thirty (30) hours per week, for a minimum of three (3) weeks

per month; (ii) One thousand (1,000) hours of practicum in behavior analysis within a university

experience program approved by the national or regional certifying authority. The distribution of

practicum hours must be at least ten (10) hours per week, but not more than twenty-five (25)

hours per week, for a minimum of three (3) weeks per month; or (iii) Seven hundred fifty (750)

hours of intensive practicum in behavior analysis within a university experience program

approved by the national or regional certifying authority. The distribution of intensive practicum

hours must be at least ten (10) hours per week, but not more than twenty-five (25) hours per

week, for a minimum of three (3) weeks per month;

     (5) Has passed the relevant examination administered by an appropriate nationally

recognized accrediting organization as approved by the department of health for this function;

     (6) Maintain active status and fulfill all relevant requirements for renewal and relicensing

with the nationally recognized and accredited organization(s) as approved by the department of

health licensing;

     (7) Conducts his or her professional activities in accordance with accepted standards for

responsible professional conduct, as approved by the Rhode Island applied behavior analyst

licensing board; and

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     (8) Meets the criteria as established in § 5-86-12.

     (b) An applicant for licensure as a licensed applied behavior assistant analyst shall submit

to the board written evidence on forms furnished by the department verified under oath (i.e.,

notarized) that said applicant:

     (1) Be of good moral character;

     (2) Has obtained a bachelor's degree in behavior analysis or a related field, as approved

by the board, from a college or university accredited by the New England Association of Schools

and Colleges,or an equivalent regional accrediting agency, and which has the approval by a

national or regional certifying authority, including, but not limited to, the applied behavior analyst

licensing board;

     (3) Has successfully completed the amount of coursework in applied behavior analysis

acceptable to the board;

     (4) Has appropriate supervised experience to include either: (i) One thousand (1,000)

hours of supervised independent fieldwork in applied behavior analysis. The distribution of

supervised independent fieldwork hours must be at least ten (10) hours per week, but not more

than thirty (30) hours per week, for a minimum of (3) three weeks per month; (ii) Six hundred

seventy (670) hours of practicum in behavior analysis within a university experience program

approved by the national or regional certifying board. The distribution of practicum hours must

be at least ten (10) hours per week, but not more than twenty-five (25) hours per week, for a

minimum of three (3) weeks per month; or (iii) Five hundred (500) hours of intensive practicum

in behavior analysis within a university experience program approved by the national or regional

certifying board. The distribution of intensive practicum hours must be at least ten (10) hours per

week, but

     not more than twenty-five (25) hours per week, for a minimum of three (3) weeks per

month.

     (5) Is supervised by a licensed applied behavior analyst in a manner consistent with the

board's requirements for supervision of licensed applied behavior assistant analysts;

     (6) Has passed the examination administered by an appropriate nationally recognized

accrediting organization as approved by department of health licensing for this function;

     (7) Maintain active status and fulfill all relevant requirements for renewal and relicensing

with the nationally recognized and accredited organization(s) as approved by the department of

health licensing;

     (8) Conduct his or her professional activities in accordance with accepted standards for

responsible professional conduct, as required by the Rhode Island applied behavior analyst

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licensure board; and

     (9) Meet the criteria as established in § 5-86-11.

     (c) applicant shall be judged to hold the equivalent requirement of a licensure as an

applied behavior analyst upon submission to the board, written evidence on forms furnished by

the department verified under oath (i.e., notarized), if the following equivalency requirements are

met to the satisfaction of the licensing board:

     (1) Has received a doctoral degree in psychology from a college or university accredited

by the New England association of schools and colleges, or an equivalent regional accrediting

agency, and which has the approval by a national or regional certifying authority;

     (2) Be individually licensed by the department of health as a psychologist subject to

chapter 5-44;

     (3) Be of good moral character;

     (4) Has completed coursework in applied behavior analysis supervised by the department

within the college or university granting the requisite degree or by an accredited postgraduate

clinical training program recognized by the United States department of education, or education

and/or experience which is deemed equivalent by the board;

     (5) Has completed one thousand five hundred (1,500) hours of direct client contact

offering applied behavior analysis services subsequent to being awarded a doctoral degree in

psychology;

     (6) Conducts his or her professional activities in accordance with accepted standards for

responsible professional conduct, as required by the Rhode Island applied behavior analyst

licensure board; and

     (7) Meets the criteria as established in 5-86-12.

     SECTION 16. Section 23-20.8-5 of the General Laws in Chapter 23-20.8 entitled

“Licensing of Massage Therapists” is hereby amended to read as follows:

     23-20.8-5. Application for license – Issuance or denial of license – Minimum

qualifications.

     (a) Every person desiring to begin the practice of massage therapy, except exempt

persons as provided in this chapter, shall present satisfactory evidence to the division of

professional regulation of the department of health, verified by oath, that he or she is:

     (1) Over eighteen (18) years of age; (2) Of good moral character (via background check

in accordance with § 23-20.8-3); (3) Has successfully completed an educational program, meeting

minimum requirements established by the board, including at least five hundred (500) hours of

in-class, hands-on and supervised coursework and clinical work; and

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     (4) Has successfully completed an examination approved by the board. Any examination

approved by the board must meet generally recognized standards including development through

the use of a job-task analysis and must meet appropriate psychometric standards.

     (b) The department may grant a license to any applicant satisfying the requirements of

subdivisions 23-20.8-5(a)(1) and (2), has completed all appropriate forms, paid all appropriate

fees and has met substantially equivalent standards in obtaining a valid license, permit, certificate

or registration issued by any other state or territory of the United States or by a foreign country.

     (c) The department shall, within sixty (60) days from the time any application for a

license is received, grant the applications and issue a license to practice massage for a year from

that date if the department is satisfied that the applicant complies with the rules and regulations

promulgated in accordance with this chapter. An applicant, whose criminal records check reveals

a conviction for any sexual offense, including, but not limited to, those offenses defined in

chapters 34 and 37 of title 11, shall be denied a license under this chapter.

     (d) The fee for original application for licensure as a massage therapist and the fee for

annual license renewal shall be determined by the board and shall not exceed one hundred dollars

($100).

     SECTION 17. Section 31-44-17 of the General Laws in Chapter 31-44 entitled “Mobile

and Manufactured Homes” is hereby amended to read as follows:

     31-44-17. Filing of complaint with department – Notice – Rules of evidence not

binding. 

     (a) Any resident of a mobile and manufactured housing park or any owner of a mobile

and manufactured housing park may petition the director by filing a complaint with the

department of business regulation. and paying a twenty-five dollar ($25.00) filing fee which shall

be used to defray the costs of the director. The filing fee may be waived by the director if he or

she or his or her agent determines that the fee will cause an unfair financial burden on the

petitioner. After review of the claim and a decision by the director that the matter has merit and is

not frivolous, the director shall schedule a hearing within sixty (60) days from receipt of the

claim. If the director finds the claim to be without merit or to be frivolous, the director shall

dismiss the complaint and explain in writing to the complainant his or her reasons for dismissing

the complaint.

     (b) The director or his or her agent shall serve notice, in writing, of the time and place of

the hearing upon all appropriate parties at least twenty (20) days prior to the date of the hearing.

Both parties to the complaint may be represented by counsel.

     (c) The director or his or her agent shall not be bound by common law or statutory rules

LC005505 - Page 17 of 19

of evidence but may admit all testimony having a reasonable probative value. Complaints filed

shall be handled in accordance with the departments' rules of practice and the Administrative

Procedures Act, chapter 35 of title 42. It may exclude evidence which, in the opinion of the

director or his or her agent, is immaterial, irrelevant, or unduly repetitious. 

     SECTION 18. Section 39-12-7 of the General Laws in Chapter 39-12 entitled “Motor

Carriers of Property” is hereby amended to read as follows:

     39-12-7. Issuance of certificate to common carrier.

     A certificate shall be issued by the administrator, after a hearing, to any qualified

applicant therefor, authorizing the whole or any part of the operations covered by the application,

if it is found that the applicant is fit, willing, and able properly to perform the service proposed

and to conform to the provisions of this chapter and the requirements, orders, rules, and

regulations of the administrator thereunder, and that the proposed service, to the extent to be

authorized by the certificate, is or will be required by the present or future public convenience

and necessity; otherwise the application shall be denied. Any certificate issued under this chapter

shall specify the service to be rendered. and the routes over which, the fixed termini, if any,

between which, if any, at which, and, in case of operations not over specified routes or between

fixed termini, the points and places within which, or between which the motor carrier is

authorized to operate; and there shall, at the time of the issuance and from time to time thereafter,

be attached to the exercise of the privileges granted by the certificate such reasonable terms,

conditions, and limitations as the public convenience and necessity may from time to time

require; provided, however, that no terms, conditions, or limitations shall restrict the right of the

carrier to add to his or her or its equipment and facilities, between which or within the territory

specified in the certificate as the development of the business and the demands of the business

shall require. Certificates issued under this chapter shall be renewed before the close of business

on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and

shall be submitted with the renewal form. All revenues received under this section shall be

deposited as general revenues. No certificate shall be issued to a common carrier by motor

vehicle or, when issued, shall remain in force authorizing the transportation of property over the

publicly used highways of this state, unless the rates and charges upon which the property is

transported by the carrier shall have been published in the tariff and filed with the administrator in

accordance with this chapter.

     SECTION 19. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LICENSES GENERALLY

***

     This act would simplify the process of doing business in Rhode Island by eliminating

unnecessary licensing requirements of various business entities.

     This act would take effect upon passage.

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