2018 -- S 3006

========

LC005966

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO LICENSES GENERALLY

     

     Introduced By: Senators Lombardo, Lombardi, Jabour, and Ciccone

     Date Introduced: June 23, 2018

     Referred To: Placed on Senate Calendar

     It is enacted by the General Assembly as follows:

1

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

2

Generally” is hereby amended to read as follows:

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

agent of the department.

11

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

12

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

13

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

14

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

15

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

16

and Wholesale Licenses” is hereby repealed.

17

     3-6-13. License bonds to state. 

18

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

19

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

 

1

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

2

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

3

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

4

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

5

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

6

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

7

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 –

8

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

9

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

10

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

11

     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

12

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

13

read as follows:

14

     3-6-1. Manufacturer's license. 

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC005966 - Page 2 of 19

1

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

2

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

3

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

4

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

5

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

6

not manufactured at the licensed plant.

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

pursuant to the laws governing retail Class A establishments.

23

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

24

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

25

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

26

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

27

carrier for that delivery.

28

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

29

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

30

under § 3-6-9 or 3-6-11.

31

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

32

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

33

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

34

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

 

LC005966 - Page 3 of 19

1

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

2

     3-6-3. Rectifier's license. 

3

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

4

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

5

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

6

treasurer for the use of the state. 

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

of taxation. 

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

the law of the place of delivery.

34

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

 

LC005966 - Page 4 of 19

1

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

2

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

3

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

4

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

5

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

6

promulgated by the division of taxation. 

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

the state. 

15

     3-6-12. Agents' licenses. 

16

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

17

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

18

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

19

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

20

notice, suspend or revoke any license for cause. 

21

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

22

Licenses” is hereby amended to read as follows:

23

     3-7-15. Class G license.

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

annually consents.

 

LC005966 - Page 5 of 19

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

dollar ($1.00).

14

     SECTION 5. Section 5-10-16 of General Laws in Chapter 5-10 entitled “Barbers,

15

Hairdressers, Cosmeticians, Manicurists and Estheticians” hereby repealed.

16

     5-10-16. Application of zoning laws. 

17

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

18

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

19

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

20

business, or establishment is located. 

21

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

22

Practice” is hereby amended to read as follows:

23

     5-25-10. Qualifications for licensure.

24

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

25

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

26

requirements:

27

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

28

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

29

Educational Council for Foreign Veterinary Graduates;

30

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

31

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

32

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

33

and

34

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

 

LC005966 - Page 6 of 19

1

and

2

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

3

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

4

Physicians” is hereby amended to read as follows:

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

medicine.

22

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

23

hereby amended to read as follows:

24

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

25

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

26

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

27

that the applicant:

28

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

29

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

30

regulations of the state board of education;

31

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

32

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

33

     (3) Is of good moral character.

34

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

 

LC005966 - Page 7 of 19

1

“Optometrists” is hereby amended to read as follows:

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

Acupuncture and Oriental Medicine. National Certification Commission for Acupuncture and

13

Oriental Medicine or successor entity.

14

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

15

that he or she:

16

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

17

     (2) Has demonstrated proficiency in the English language;

18

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

19

     (4) Is of good moral character;

20

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

21

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

22

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

23

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

24

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

25

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

26

Medicine;

27

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

28

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

29

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

30

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

31

medicine.

32

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

33

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

34

     5-40-6. Qualification of physical therapists.

 

LC005966 - Page 8 of 19

1

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

2

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

3

requirements:

4

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

5

     (2) Is of good moral character;

6

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

7

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

8

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

9

applicant's graduation; and

10

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

11

State

12

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

13

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

14

to engage in the practice of physical therapy.

15

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

16

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

17

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

18

requirements:

19

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

20

     (2) Is of good moral character;

21

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

22

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

23

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

24

applicant's graduation; and

25

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

26

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

27

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

28

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

29

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

30

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

31

     5-40.1-8. Requirements for licensure.

32

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

33

     assistant in this state must:

34

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

 

LC005966 - Page 9 of 19

1

     (2) Be of good moral character;

2

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

3

occupational therapy accredited by the American Occupational Therapy Association's

4

Accreditation Council for Occupational Therapy Education or other therapy accrediting agency

5

that may be approved by the board;

6

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

7

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

8

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

9

fieldwork experience shall be required;

10

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

11

required;

12

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

13

Therapists, Registered, or National Certification Examination for Occupational Therapy

14

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

15

occupational therapy certification examination as approved by the board.

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

prescribed in this section;

27

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

28

approximately 2x3 inches in size;

29

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

30

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

31

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

32

applicant held licensure in that state; and

33

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

34

Certification in Occupational Therapy (NBCOT).

 

LC005966 - Page 10 of 19

1

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

2

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

3

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

4

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

5

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

6

for Certification in Occupational Therapy (NBCOT).

7

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

8

entitled to re-examination.

9

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

10

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

11

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

12

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

13

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

14

the application, all previously mentioned privileges automatically cease.

15

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

16

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

17

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

18

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

19

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

20

accordance with the statutory and regulatory provisions of this chapter.

21

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

22

“Psychologists” is hereby amended to read as follows:

23

     5-44-9. Qualifications of psychologists.

24

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

25

department, verified under oath, that the applicant:

26

     (1) Is of good moral character;

27

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

28

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

29

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

30

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

31

requirements are substantially similar to current American Psychological Association standards of

32

accreditation for the granting of a doctorate in psychology;

33

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

34

delineated in the rules and regulations;

 

LC005966 - Page 11 of 19

1

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

2

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

3

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

4

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

5

read as follows:

6

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

7

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

8

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

9

     (1) Is of good character; and

10

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

11

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

12

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

13

certifying authority; and

14

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

15

graduate counseling/therapy program; and

16

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

17

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

18

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

19

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

20

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

21

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

22

board; and

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC005966 - Page 12 of 19

1

must be mental health counselors on the board.

2

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

3

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

4

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

5

     (1) Is of good character; and

6

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

7

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

8

or an equivalent regional accreditation agency; and

9

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

10

graduate degree program specializing in marital and family therapy; and

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

and

19

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

20

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

21

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

22

degree or doctorate; and

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

and family therapists on the board.

32

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

33

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

34

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

 

LC005966 - Page 13 of 19

1

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

2

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

3

that said applicant:

4

     (1) Be of good moral character;

5

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

6

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

7

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

8

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

9

analyst licensing board;

10

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

11

acceptable to the board;

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

health licensing;

29

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

30

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

31

licensing board; and

32

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

33

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

34

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

 

LC005966 - Page 14 of 19

1

notarized) that said applicant:

2

     (1) Be of good moral character;

3

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

4

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

5

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

6

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

7

licensing board;

8

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

9

acceptable to the board;

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

week, but

21

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

22

month.

23

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

24

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

25

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

26

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

27

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

28

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

29

health licensing;

30

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

31

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

32

licensure board; and

33

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

34

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

 

LC005966 - Page 15 of 19

1

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

2

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

3

met to the satisfaction of the licensing board:

4

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

5

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

6

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

7

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

8

chapter 5-44;

9

     (3) Be of good moral character;

10

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

11

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

12

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

13

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

14

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

15

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

16

psychology;

17

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

18

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

19

licensure board; and

20

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

21

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

22

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

23

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

24

qualifications.

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC005966 - Page 16 of 19

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

($100).

14

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

15

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

16

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

17

binding. 

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

the complaint.

28

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

29

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

30

Both parties to the complaint may be represented by counsel.

31

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

32

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

33

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

34

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

 

LC005966 - Page 17 of 19

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

accordance with this chapter.

29

     SECTION 19. This act shall take effect upon passage.

========

LC005966

========

 

LC005966 - Page 18 of 19

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LICENSES GENERALLY

***

1

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

2

unnecessary licensing requirements of various business entities.

3

     This act would take effect upon passage.

========

LC005966

========

 

LC005966 - Page 19 of 19