2019 -- H 6115

========

LC002597

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

     Introduced By: Representatives Shekarchi, and Chippendale

     Date Introduced: May 15, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

ARTICLE I -- STATUTORY REENACTMENT

     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

title 5 of the General Laws of R.I., including every chapter and section therein, and any chapters

and sections of title 5 not included in this act may be, and are hereby reenacted as if fully set forth

herein.

     SECTION 2. Section 5-1-13 of the General Laws in Chapter 5-1 entitled "Architects" is

hereby amended to read as follows:

     5-1-13. Revocation or suspension of certificates of registration or of authorization.

     (a) After notice and hearing as provided in § 5-1-13.1, the director may: (1) Ssuspend,

revoke, annul, or take other permitted action with respect to any certificate of registration; and/or

(2) Ssuspend, revoke, annul, or take other permitted action with respect to any certificate of

authorization; and/or (3) Ppublicly censure, reprimand, or censure in writing; and/or (4) Llimit

the scope of practice of; and/or (5) Iimpose an administrative fine upon (not to exceed one

thousand dollars ($1,000) for each violation); and/or (6) Pplace on probation; and/or (7) Ffor

good cause shown, order a reimbursement of the department for all fees, expenses, costs, and

attorneys’ fees in connection with the proceedings (which amounts shall be deposited as general

revenues), all with or without terms, conditions, or limitations, holders of a certificate of

registration or a certificate of authorization (subsequently referred to as a licensee or licensees)

for any one or more of the causes set out in subsection (b) of this section.

     (b) The director may take actions specified in subsection (a) of this section for any of the

following causes:

     (1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or

certificate of authorization;

     (2) Practicing architecture in another state, country, or jurisdiction in violation of the laws

of that state, country, or jurisdiction;

     (3) Practicing architecture in this state in violation of the standards of professional

conduct established by the board and approved by the director;

     (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the

practice of architecture;

     (5) Use of an architect's stamp in violation of § 5-1-12;

     (6) Violation of any of the provisions of this chapter or chapter 5-84 of this title;

     (7) Suspension or revocation of the right to practice architecture before any state or

before any other country or jurisdiction;

     (8) Conviction of or pleading guilty or nolo contendere to any felony, or to any crime of,

or act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense, in a court of

competent jurisdiction of this state or any other state or of the federal government;

     (9) Failure to furnish to the department, board, or any person acting on behalf of the

department and/or board, within sixty (60) days of notification any information that may be

legally requested by the department and/or board;

     (10) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any

conduct reflecting adversely upon the licensee's fitness to engage in the practice of architecture;

and

     (11) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any

other conduct injurious to the reputation of the architectural profession.

     SECTION 3. Sections 5-3.1-8, 5-3.1-9, 5-3.1-10 and 5-3.1-21 of the General Laws in

Chapter 5-3.1 entitled "Public Accountancy" are hereby amended to read as follows:

     5-3.1-8. Permits for accountants licensed by foreign countries.

     (a) An annual limited permit to engage in the practice of public accounting in this state

may be issued by the board, upon application for the permit and payment of the required fee, to

any person who is the holder of a certificate, license, or degree from a foreign country

constituting a recognized qualification for the practice of public accounting in that country,

provided that: (1) Tthe board determines that the requirements for obtaining the certificate,

LC002597 - Page 2 of 90

license, or degree are substantially equivalent to those prescribed under this chapter for obtaining

a certificate in this state; (2) Tthe certificate, license, or degree at the time of application is then

in full force and effect; and (3)Tthe applicant meets all other requirements under this section. In

the event the board determines that the requirements for obtaining the certificate, license, or

degree are not substantially equivalent to those prescribed in this chapter for obtaining a

certificate in this state, the board may require, as a condition to granting a permit under this

section, that the applicant pass the written examinations required of candidates for a certificate

under § 5-3.1-5(a)(4). Any permit issued under this section shall be issued in the name of the

applicant followed by the recognized accounting designation by which he or she is known in the

country where licensed, translated into the English language, followed by the name of the

country. Annual limited permits to engage in the practice of public accounting qualify the holder

to practice public accounting in this state solely as to matters concerning residents, governments,

and corporations or other business entities, including the divisions, subsidiaries, or any affiliates

of the business entity, of the foreign country in which the holder is licensed to practice public

accounting. A person who is issued a permit under this section, when engaging in the practice of

public accounting in this state, shall only use the title under which he or she is generally known in

his or her own country, translated into the English language and indicates indicating after the

title the name of the country from which he or she received his or her certificate, license, or

degree.

     (b) All annual limited permits issued under this section shall expire on the last day of

June of each year and may be renewed for a period of one year in accordance with subsection (c)

of this section. Submission of the application for original issuance or renewal of an annual limited

permit constitutes the appointment of the secretary of state as an agent for the applicant for

service of process in any action or proceeding arising out of any transaction or operation

connected with or incidental to the practice of public accounting in this state by the applicant.

     (c) Applications for renewal of an annual limited permit are submitted to the board by

February 15 of each year and shall be accompanied by evidence of satisfaction of the continuing

professional education requirements promulgated by board regulation. The evidence shall be in

any form that the board requires. Failure to furnish the evidence constitutes grounds for refusal to

renew the permit unless the board in its discretion determines that the failure was due to

reasonable cause or excusable neglect. Notwithstanding the preceding, the board, in its discretion,

may waive the above continuing education requirements if:

     (1) The licensing authority of the foreign country in which the holder of the annual

limited permit is licensed has established requirements for continuing education for practitioners

LC002597 - Page 3 of 90

or of public accounting;

     (2) The applicant has filed with the board an affidavit stating that he or she is in

compliance with those continuing education requirements at the time of the application for

renewal; and

     (3) The board determines that the continuing education requirements are substantially

equivalent to those promulgated by the board under this chapter.

     (d) An application for a permit under this section shall list all other jurisdictions in which

the applicant has applied for or holds a certificate, license, or degree to practice public

accountancy or a permit to practice. Each applicant for or holder of a permit under this section

shall, within thirty (30) days of the occurrence of the event, notify the board in writing:

     (1) Of the issuance, denial, revocation, or suspension of the certificate, license, degree, or

permit; or

     (2) Of the commencement of any disciplinary or enforcement action against the applicant

or holder by any jurisdiction.

     (e) An applicant under this section shall also list in the application the address of every

office established or maintained in this state for the limited practice of public accounting. All of

those offices shall be under the direct supervision of an accountant licensed either by this state or

by a foreign country who holds an annual limited permit to practice issued under this section, and

shall be designated by the name and title of the accountant. If applicable, the title is translated

into the English language and followed by the name of the foreign country where the accountant

is licensed. All applicants for or holders of a permit under this section shall notify the board, in

writing, within thirty (30) days of the occurrence of the event:

     (1) Of any change in the number or location of offices within this state required to be

listed in the application; and

     (2) Of any change in the identities of the persons supervising those offices.

     (f) The board shall charge a fee to each person who makes application for original

issuance or renewal of a permit under this section. The fee shall be paid in U.S. currency at the

time the application is made. Fees charged under this section shall be established by the board.

     5-3.1-9. Permits for practice units.

      (a) Permits to engage in the practice of public accounting in this state as a practice unit

shall be issued by the board, upon application therefore and payment of the required fee, to an

entity that demonstrates its qualifications in accordance with this chapter or to certified public

accounting firms originally licensed in another state that establish an office in this state. A

practice unit must hold a permit issued under this section in order to provide attest and

LC002597 - Page 4 of 90

compilation services as defined or to use the title "CPAs" or "CPA firm." An applicant entity for

initial issuance or renewal of a permit to practice under this section shall be required to register

each office of the firm within this state with the board and to show that all attest and compilation

services as defined in this chapter rendered in this state are under the charge of a person holding a

valid certificate issued under this chapter, or the corresponding provision of prior law or some

other state.

     (b) An entity shall satisfy the following requirements:

     (1) For corporations, general partnerships, joint ventures, limited-liability partnerships,

and limited-liability companies:

     (i) The principal purpose and business of the partnership must be to furnish public

accounting services to the public not inconsistent with this chapter and the rules and regulations

of the board;

     (ii) A majority of the ownership of the entity, in terms of financial interests and voting

rights of all partners, shareholders, or members, belongs to holders of a certificate who shall hold

a certificate and a permit from some state, and such partners, shareholders, or members, whose

principal place of business is in this state and who perform professional services in this state, hold

a valid permit issued under this chapter or are public accountants registered under § 5-3.1-7.

Although firms may include non-licensee owners, the firm and its ownership and all parties must

comply with rules promulgated by the board. For firms of public accountants, a majority of the

ownership of the firm, in terms of financial interests and voting rights, must belong to holders of

permits under § 5-3.1-7, and provided, that any such entity, as defined by this subsection, may

include non-licensee owners, provided that:

     (A) The entity designates a licensee of this state, who is responsible for the proper

registration of the firm and identifies that individual to the board;

     (B) All non-licensee owners are active individual participants in the entity;

     (C) The entity complies with such other requirements as the board may impose by rule;

     (D) Any individual licensee who is responsible for supervising attest and compilation

services and signs or authorizes another licensee to sign the accountant's report on the financial

statements on behalf of the firm, shall meet the experience requirements as set out in professional

standards for such services;

     (E) Any individual licensee who signs or authorizes another licensee to sign the

accountant’s' report on the financial statements on behalf of the firm shall meet the experience

requirement as set out in professional standards for such services.;

     (iii) At least one partner, shareholder, or member must be a certified public accountant or

LC002597 - Page 5 of 90

a public accountant holding a certificate or authority under this chapter and a permit to practice in

this state under § 5-3.1-7; and

     (iv) The address of every office of the entity located in this state must be listed in the

application for the permit.

     (2) For a sole proprietorship:

     (i) The principal purpose and business of the sole proprietorship must be to furnish public

accounting services to the public not inconsistent with this chapter and the rules and regulations

of the board;

     (ii) The sole proprietor must be a certified public accountant or a public accountant

holding a certificate or authority under this chapter and a permit to practice in this state under § 5-

3.1-7;

     (iii) The address of every office of the sole proprietorship located in this state must be

listed in the application for the permit;

     (iv) Any individual licensee who is responsible for supervising attest and compilation

services and signs or authorizes another licensee to sign the accountant's report on the financial

statements on behalf of the sole proprietor shall meet the experience requirements as set out in

professional standards for such these services; and

     (v) Any individual licensee who signs or authorizes another licensee to sign the

accountants' report on the financial statements on behalf of the firm shall meet the experience

requirement as set out in professional standards for such these services.

     (c) Application for a permit under this section must be made upon the affidavit of the

partner, shareholder, member, or sole proprietor who holds a permit to practice in this state under

§ 5-3.1-7 as a certified public accountant or a public accountant. All applications for a permit

under this section must include, in addition to any other information required by this chapter or

by rule or regulation of the board to be stated in the application, a list of all other states in which

the entity has applied for or holds a permit. Upon receipt of the application, the board shall

determine whether the entity is eligible for a permit. In the event the board determines the entity

is ineligible for a permit under this section, that determination shall be stated in writing and

delivered to the applicant at the address that is stated in the application.

     (d) All applicants for, or holders of, a permit under this section shall notify the board in

writing within thirty (30) days of the occurrence of the event:

     (1) Of any change in the identities of the partners, officers, directors, or shareholders who

are personally engaged in this state in the practice of public accounting;

     (2) Of any change in the number or location of offices within this state required to be

LC002597 - Page 6 of 90

listed in the application pursuant to this section;

     (3) Of any change in the identities of the persons supervising the offices;

     (4) Of any issuance, denial, revocation, or suspension of a permit by any other state. The

board may prescribe fees, which that are to be paid by the applicants or holders upon the

notification; and

     (5) Of a reduction below a majority of the ownership in the entity in terms of financial

interests and voting rights.

     (e) All permits issued by the board under this section subsequent to January 1, 2009, shall

be valid for a period of three (3) years and shall expire on the last day of June of the year in which

the permit is scheduled to expire unless the permit is renewed in accordance with the provisions

of this section. To transition existing licensees to a three-year (3) licensing cycle, the board shall

have the authority and discretion in 2008 to issue permits under this section that are valid for one,

two (2), or three (3) years. All such permits issued during 2008 shall expire upon the last day of

June of the year in which the permit is scheduled to expire. The board's authority to issue permits

valid for one or two (2) years shall cease as of December 31, 2008.

     Effective January 1, 2009, permits issued pursuant to this section may be renewed for a

period of three (3) years, and the renewed permit shall expire on the last day of June of the year in

which the renewed permit is scheduled to expire, unless the renewed permit is again renewed by

its holder. All applications for renewal of permits under this section shall be submitted to the

board by February 15 of the year in which a permit or renewed permit is scheduled to expire. All

applicants for permit renewal shall satisfy the quality peer-review requirements prescribed in §

5-3.1-10.

     (f) Fees to be paid upon application for initial issuance or renewal of a permit under this

section shall be established, from time to time, by the board. Fees shall be paid at the time the

application is filed with the board.

     (g) An annual permit to engage in the practice of public accounting in this state shall be

issued by the board, upon application for it and payment of the required fee, to the office of the

auditor general, provided the office is in compliance with § 5-3.1-10.

     (h) An entity that falls out of compliance with the provisions of this section due to

changes in firm ownership or personnel, after receiving or renewing a permit, shall take

corrective action to bring the firm into compliance as quickly as possible. The board may grant a

reasonable period of time for a firm to take such the corrective action. Failure to bring the firm

into compliance within a reasonable period as defined by the board will result in the suspension

or revocation of the permit.

LC002597 - Page 7 of 90

     5-3.1-10. Peer reviews.

      (a) The board shall require, as a condition to the renewal of permits for practice units

under § 5-3.1-9, that applicants undergo peer reviews conducted no more frequently than one

every three (3) years in any manner and with any satisfactory result that the board specifies. The

review shall include verification that the individuals in the firm who are responsible for

supervising attest and compilation services and sign or authorize someone to sign the accountant's

report on the financial statements on behalf of the firm meet competency requirements set out in

the professional standards for such services. Any requirements established by the board regarding

power peer reviews shall:

     (1) Be promulgated reasonably in advance of the time when it must first be met; and

     (2) Provide for compliance by an applicant upon the showing that it has undergone a

satisfactory peer review performed for other purposes, such as those performed by the American

Institute of Certified Public Accountants in connection with its peer-review programs, which was

substantially equivalent to the review required under this subsection, and that this review was

completed within the three (3) years immediately preceding the renewal period.

     (b) The proceedings, records, and work papers of a peer-review committee appointed by

the board for the purpose of conducting peer reviews under this subsection shall be privileged and

shall not be subject to discovery, subpoena, or other means of legal process or introduction into

evidence in any civil action, arbitration, administrative proceeding, or state accountancy board

proceeding. No member of the peer-review committee or other person involved in the peer-

review process shall be permitted or required to testify in the civil action, arbitration,

administrative proceeding, or state accountancy board proceeding as to any matters produced,

presented, disclosed, or discussed during or in connection with the peer-review process, or as to

any findings, recommendations, evaluations, opinions, or other actions of the committees or any

members of the committees. Information, documents, or records that are publicly available shall

not be construed as immune from discovery or use in civil actions, arbitration proceedings,

administrative proceedings, or state accountancy board proceedings merely because they were

presented or considered in connection with the peer-review process. The privilege created by this

statute also does not apply to materials prepared in connection with a particular engagement

merely because they are subsequently presented or considered as part of the peer-review process;

nor does it apply to disputes between review committees and practice units subject to a peer

review arising from the performance of the review. The privilege similarly does not apply,

notwithstanding any provision in this section to the contrary, to the board or its members, who, so

long as they are acting in their official capacities, have access to any and all records, reports,

LC002597 - Page 8 of 90

work papers and other documents and materials which that may at any time have been in the

possession of or prepared by a peer- review committee during the performance of its duties.

     5-3.1-21. Use of card, sign, or advertisement as evidence -- Single act sufficient

evidence.

     The display or presentation of a card, sign, advertisement, or other printed, engraved, or

written instrument or device bearing a person's or entity's name in conjunction with the words

"certified public accountant," "certified public accountants," "public accountant," or "public

accountants," or any abbreviation of those words, except as permitted by this chapter, is prima

facie evidence in any action brought under § 5-3.1-19 or 5-3.1-20 that the person or entity whose

name is displayed caused or procured the display or presentation of that card, sign, advertisement,

or other printed, engraved, or written instrument or device and that the person or entity is holding

himself, herself, or itself out to the public as a certified public accountant or public accountant, or

as a practice unit composed of certified public accountants and/or public accountants. In that

action, evidence of the commission of a single act prohibited by this chapter is sufficient to justify

an injunction or and a conviction need not be established for that purpose.

     SECTION 4. Section 5-5-10 of the General Laws in Chapter 5-5 entitled "Private

Detective Act" is hereby amended to read as follows:

     5-5-10. Grounds for suspension and revocation of licenses.

      (a) A license may be suspended or revoked if the licensee:

     (1) Violates any provisions of this chapter or rules and regulations promulgated under

this chapter;

     (2) Practices fraud, deceit, or misrepresentation;

     (3) Makes a material misstatement in the application for or renewal of the license; or

     (4) Commits any act that would disqualify the qualifying agent.

     (b) After the licensee has exhausted the right of appeal or, if the licensee does not seek a

hearing, the licensee shall immediately cease to operate the business for the time period provided

in the order of suspension or permanently in the case of revocation and shall notify all of its

clients of the revocation or suspension and maintain a copy of the notices in its business records.

     (c) Under circumstances in which the local licensing authority determines that the public

health, welfare, or safety may be jeopardized by the termination of a licensee's services, that local

licensing authority may, upon his or her the authority’s own motion or upon application by the

licensee or any party affected by the termination, extend the time for the termination of the

licensee's operations, subject to any reasonable, necessary, and proper conditions or restrictions

that he or she the authority deems appropriate.

LC002597 - Page 9 of 90

     SECTION 5. Section 5-5.1-15 of the General Laws in Chapter 5-5.1 entitled "Private

Security Guard Businesses" is hereby amended to read as follows:

     5-5.1-15. Grounds for suspension and revocation of licenses.

     The attorney general may suspend or revoke any license issued under this chapter in the

manner subsequently prescribed if the licensee or any of its partners, officers, generals, and

shareholders owning a ten percent (10%) or greater interest in the license, provided the licensee is

not a publicly traded corporation, and the qualifying agent does any of the following:

     (a)(1) Violates any provisions of this chapter or rules and regulations promulgated under

this chapter;

     (2) Practices fraud, deceit, or misrepresentation;

     (3) Makes a material misstatement in the application for or renewal of the license;

     (4) In the case of the qualifying agent, commits any act which that would disqualify the

qualifying agent under § 5-5.1-8 and in the case of the licensee, or any of its partners, officers,

generals, and shareholders owning a ten percent (10%) or greater interest in the licensee, provided

the licensee is not a publicly traded corporation, fails to meet the qualifications of § 5-5.1-8.

     (5) Demonstrates incompetence or untrustworthiness in actions affecting the conduct of

the business required to be licensed under this chapter.

     (6)(b)(1) Prior to suspension or revocation of a license, the attorney general shall

promptly notify promptly notifies the licensee of his or her intent to issue an order for

revocation or suspension, stating the grounds for revocation or suspension. Within fifteen (15)

days of receipt of notice of intent to revoke or suspend from the attorney general, the licensee

may request a hearing in writing.

     (7) (2) If a request for a hearing is received in a timely manner, the attorney general shall

set a date for a hearing and notify the parties of the time and place of the meeting.

     (8) (3) All hearings are shall be held in accordance with the provisions of chapter 35 of

title 42.

     (9)(c) After the licensee has exhausted the right of appeal or, if the licensee does not seek

a hearing, the licensee shall immediately cease to operate the business for the time period

provided in the order of suspension or permanently in the case of revocation and shall notify all

of its clients of the revocation or suspension and maintain a copy of the notices in its business

records.

     (10)(d) Under circumstances in which the attorney general determines that the public

health, welfare, or safety may be jeopardized by the termination of a licensee's services, the

attorney general may, upon his or her own motion or upon application by the licensee or any

LC002597 - Page 10 of 90

party affected by the termination, extend the time for the termination of the licensee's operations,

subject to any reasonable, necessary, and proper conditions or restrictions that he or she deems

appropriate.

     SECTION 6. Section 5-6-15 of the General Laws in Chapter 5-6 entitled "Electricians" is

hereby amended to read as follows:

     5-6-15. False statement in applications.

     Any person applying for a license and making any misstatement as to his or her

experience or other qualifications, or any person, firm, or corporation subscribing to, or vouching

for, any misstatement, shall be subject to the penalties prescribed in § 5-6-28 32.

     SECTION 7. Section 5-8-21 of the General Laws in Chapter 5-8 entitled "Engineers" is

hereby amended to read as follows:

     5-8-21. Exemptions.

     This chapter shall not be construed to prevent or to affect:

     (1) Temporary certificates of registration.

     (i) Nonresidents. The practice or offer to practice of engineering by a person not a

resident of or having no established place of business in this state, when that practice does not

exceed in the aggregate more than thirty (30) days in any calendar year; provided, the person is

legally qualified by registration to practice engineering, as defined in § 5-8-2(f), in his or her own

state or country. The person shall make application to the board, in writing, and after payment of

a fee set by the board in an amount not to exceed two hundred dollars ($200) may be granted a

written temporary certificate of registration for a definite period of time to do a specific job;

provided, no right to practice engineering accrues to an applicant as to any work not prescribed in

the temporary certificate.

     (ii) Recent arrivals in state. The practice of a person not a resident of and having no

established place of business in this state, or who has recently become a resident of the state,

practicing or offering to practice engineering in the state for more than thirty (30) days in any

calendar year, if he or she has filed with the board an application for a certificate of registration

and has paid the fee required by this chapter; provided, that the person is legally qualified by

registration to practice engineering in his or her own state or country. That practice shall continue

only for the time that the board requires for the consideration of the application for registration.

     (2) Employees and subordinates. The work of an employee or a subordinate of a person

holding a certificate of registration under this chapter, or an employee of a person practicing

lawfully under paragraph (1)(ii) of this section; provided, that work does not include final

engineering designs or decisions and is done under the direct supervision of or checked by a

LC002597 - Page 11 of 90

person holding a certificate of registration under this chapter or a person practicing lawfully under

subdivision (1) of this section.

     (3) Partnership, limited-liability partnership, corporate, and limited-liability company

practice. The practice or offer to practice of engineering as defined by this chapter by individual

registered professional engineers through a partnership, limited-liability partnership, corporation,

joint stock company, or limited-liability company, or by a partnership, limited-liability

partnership, corporation, limited-liability company, or joint stock company, through individual

registered professional engineers as agents, employees, officers, or partners or members or

managers, provided, that they are jointly and severally liable for their professional acts; and

provided, that all personnel of that partnership, limited-liability partnership, joint stock company,

corporation, or limited-liability company who act in on its behalf as engineers in the state are

registered under this chapter or are persons practicing lawfully or are exempt under subdivision

(1) or (2) or (3) of this section. Each partnership, limited-liability partnership, joint stock

company, corporation, or limited-liability company providing engineering services is jointly and

severally liable with the individually registered professional engineers, and all final plans,

designs, drawings, specifications, and reports involving engineering judgment and discretion,

when issued, shall be dated and bear the seals and signatures of the engineers who prepared them.

     (4) Federal employees. The practice by officers and employees of the government of the

United States while engaged within this state in the practice of engineering for that government;

provided, that no right to practice engineering accrues to those persons as to any other

engineering work. The rights to registration after leaving government employment shall not be

granted except under the provisions established under § 5-8-11.

     (5) Railroad, telephone, telegraph, and other public utility companies. The practice of

engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public

utility companies, and their officers and employees while engaged in the work of those

companies in this state; provided, that the practice is carried on under the responsible charge of an

engineer or engineers in this state, or in any other state under requirements equivalent to those

prescribed in this chapter; and provided, that no right to practice engineering accrues to any

unregistered person as to any other engineering work.

     (6) Manufacturing corporations. The practice of engineering, as prescribed in this

chapter, by manufacturing corporations, and their officers and employees while engaged in

manufacturing, and research and development activities for those corporations.

     (7) Research and development corporations. The practice of engineering, as prescribed in

this chapter, by research and development corporations and their officers and employees while

LC002597 - Page 12 of 90

engaged in research and development activities for that corporation.

     (8) Other professions. The practice of architecture, landscape architecture, or land

surveying.

     SECTION 8. Sections 5-19.1-11, 5-19.1-14, 5-19.1-15, 5-19.1-19.1, 5-19.1-23, 5-19.1-24

and 5-19.1-29 of the General Laws in Chapter 5-19.1 entitled "Pharmacies" are hereby amended

to read as follows:

     5-19.1-11. Nonresident pharmacy -- Fees -- Display -- Declaration of ownership and

location.

     (a) Any pharmacy located outside this state that ships, mails, or delivers, in any manner,

legend drugs, controlled substances, or devices into this state is a nonresident pharmacy and shall

be licensed by the department. The nonresident pharmacy shall maintain at all times a valid

unexpired license, permit, or registration to operate the pharmacy in compliance with the laws of

the state in which it is located. Any pharmacy subject to this section shall comply with the board

of pharmacy regulations of this state when dispensing legend drugs or devices to residents of this

state.

     (b) A pharmacy license will be issued to the owner who meets the requirements

established pursuant to this chapter or regulations. The owner of each pharmacy shall pay an

original license fee to be determined by the director, and annually thereafter, on or before a date

to be determined by the director, for which he or she shall receive a license of location, which

that shall entitle the owner to operate the pharmacy at the specified location, or any other

temporary location as the director may approve, for the period ending on a date to be determined

by the director. Each such owner shall, at the time of filing, provide proof of payment of the fee,

and each owner shall file with the department, on a provided form, a declaration of ownership

and location. The declaration of ownership and location so filed as aforesaid shall be deemed

presumptive evidence of ownership of the pharmacy mentioned in the form. A license shall be

issued to the owner and premise listed on the form and shall not be transferred. A license issued

pursuant to this section shall be the property of the state and loaned to the licensee, and it shall be

kept posted in a conspicuous place on the licensed premises. If a change in owner or premise

listed in said the firm occurs, the license shall become null and void.

     (c) It shall be the duty of the owner to immediately notify the department of any proposed

change of location or ownership.

     (d) In the event such the license fee remains unpaid on the date due, no renewal or new

license shall be issued except upon payment of the license renewal fee.

     5-19.1-14. Licensing of pharmacists -- Prerequisites -- Examinations -- Reciprocity --

LC002597 - Page 13 of 90

Fees -- Renewal.

      (a) The director shall license as a pharmacist any individual who shall:

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

     (2) Have satisfied the board that he or she is of good moral and professional character;

     (3) Hold a baccalaureate degree in pharmacy or a doctor of pharmacy degree granted by a

school or college of pharmacy program that is accredited by the American Council on

Pharmaceutical Education; or is a graduate of a foreign college who wishes to be examined for

licensure as a pharmacist in this state and who shall provide evidence of successful completion of

the FPGEC Certification Program as established in regulation.

     (4) Have completed or have otherwise met the internship requirements as set forth in

rules;

     (5) Have satisfactorily passed examinations approved by the board and the director; and

     (6) Meet Have met any additional requirements that may be established in regulations.

     (b) The department shall, without examination other than those required in regulation

relating to the practice of pharmacy, license as a pharmacist any individual who has been duly

licensed by examination as a pharmacist under the laws of another state, territory or possession of

the United States, if, in the opinion of the board of pharmacy, the applicant meets the

qualifications required of professional pharmacists in this state.

     (c) Every application under this subsection section shall be accompanied by a fee as

determined by the department in regulation.

     (d) The department shall provide for, regulate, and require all persons licensed as

pharmacists to periodically renew their license, and shall prescribe the form of such the license

and information required to be submitted by all applicants.

     5-19.1-15. Pharmacy interns -- License -- Fees -- Renewals.

      (a) Any person who is a graduate of an accredited program of pharmacy, or who is a

student enrolled in at least the third year of a professional program of an accredited program of

pharmacy, or any graduate of a foreign college of pharmacy who has obtained FPGEC

certification may file an application for licensure as a pharmacy intern with the department. He or

she shall be required to furnish any information that the board may, by regulation, prescribe and,

simultaneously with the filling of the application, shall pay to the department a fee to be

determined by the department. All licenses issued to pharmacy interns shall be valid for a period

to be determined by the department, but in no instance shall the license be valid if the individual

is no longer making timely progress toward graduation. No pharmacy student may serve an

internship with a preceptor without holding a valid pharmacy intern license from the board of

LC002597 - Page 14 of 90

pharmacy.

     (b) To assure ensure adequate practical instruction, pharmacy internship experience as

required under this chapter shall be obtained after licensure as a pharmacy intern by practice in

any licensed pharmacy or other program meeting the requirements promulgated by regulation of

the board, and shall include any instruction in the practice of pharmacy that the board of by

regulation shall prescribe.

     (c) Licensed pharmacy interns shall practice only under the immediate supervision of a

licensed pharmacist.

     5-19.1-19.1. Pharmacists -- Substitution of biological products.

      (a) Pharmacists when dispensing a prescription for any biological product shall, unless

requested otherwise by the individual presenting the prescription in writing, substitute such the

product with an interchangeable biological product in accordance with the provisions of § 21-31-

16.1(g). No substitution under this section shall be allowed if the prescribing physician orders the

pharmacist to dispense as brand-name necessary on the prescription form, or if the prescriber

gives oral direction to that effect to the dispensing pharmacist. The requirements of this section

shall not apply to an order to dispense a biological product for immediate administration to a

licensed hospital, nursing facility, or hospice facility in-patient. The pharmacist will make a

biological product selection from approved interchangeable prescription biological products in

accordance with § 21-31-16.1(g). When a biological product selection is made, the pharmacist

shall inform the patient of the selection made and shall indicate the product dispensed on the

written prescription or on the oral prescription, which has been reduced to writing, or product

information may be maintained on a computerized system if information is readily retrievable.

     (b) Within five (5) business days following the dispensing of a biological product, the

dispensing pharmacist, or the pharmacist's designee, shall communicate to the prescriber the

specific product provided to the patient, including the name of the product and the manufacturer.

     (c) The communication shall be conveyed by making an entry electronically accessible to

the prescriber through:

     (1) An interoperable, electronic medical-records system;

     (2) An electronic prescribing technology;

     (3) A pharmacy benefit management system; or

     (4) A pharmacy record.

     (d) Entry into an electronic records system as described in this subsection section is

presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the

biological product dispensed to the prescriber using facsimile, telephone, electronic transmission,

LC002597 - Page 15 of 90

or other prevailing means; provided that the communication shall not be required where:

     (1) There is no interchangeable biological product for the product prescribed approved by

the United States Food and Drug Administration; or

     (2) A refill prescription is not changed from the product dispensed on the prior filling of

the prescription.

     5-19.1-23. Unlawful practices.

     Any person who shall take or use or exhibit in or upon any place of business, or advertise

in a newspaper, telephone directory, or other directory, or by electronic media, or in any other

manner, the title of pharmacist, pharmacy intern, druggist, pharmacy, drug store, medicine store,

drug department, drugs, drug sundries, or any title or name of like description or import without

continuously and regularly employed employing in his or her shop, store, or place of business,

during business hours of the pharmacy, a pharmacist duly licensed under this chapter, shall be

guilty of a misdemeanor, and each and every day that such the prohibited practice continues shall

be deemed a separate offense.

     5-19.1-24. Emergency prescription refill.

     In the event a pharmacist receives a request for a prescription refill, and the pharmacist is

unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense a

one-time emergency refill of up to a seventy-two - (72) hour (72) supply of the prescribed

medication, providing provided that:

     (1) The prescription is not for a drug in Sschedule II appearing in chapter 28 of title 22

21;

     (2) The medication is essential to the maintenance of life or to the continuation of therapy

of a chronic condition;

     (3) In the pharmacist's professional judgment, the interruption of therapy might

reasonably produce undesirable health consequences or may cause physical or mental discomfort;

and

     (4) The dispensing pharmacist notifies the prescriber of the emergency dispensing within

a reasonable time after such the dispensing.

     5-19.1-29. Continuity of administration.

      (a) Any proceeding or other business or matter undertaken or commenced prior to

January 1, 2002, and pending on January 1, 2002, may be conducted and completed by the

director of the department of health, board of pharmacy, or by a subordinate under his or her

direction, in the same manner and under the same terms and conditions with the same effect as

though it were undertaken or commenced or completed prior to January 1, 2002.

LC002597 - Page 16 of 90

     (b) All officers and members of the existing board, their subordinates, and employees,

whose functions and duties are preserved by this chapter shall continue to perform the same

function and duties from January 1, 2002, in like manner as though they had been appointed or

employed after January 1, 2002.

     (c) All rules and regulations issued, adapted adopted, modified, or repealed by the board

of pharmacy pursuant to any provisions of this chapter shall remain in effect until subsequent

action of the director of health and the board of pharmacy.

     SECTION 9. Section 5-19.2-2 of the General Laws in Chapter 5-19.2 entitled

"Collaborative Pharmacy Practice" is hereby amended to read as follows:

     5-19.2-2. Definitions.

      (a) "Collaborative Pharmacy Practice" is that practice of pharmacy whereby one or more

licensed pharmacist(s), with advanced training and experience relevant to the scope of

collaborative practice, agrees to work in collaboration with one or more physicians for the

purpose of drug therapy management of patients, such management to be pursuant to a protocol

or protocols authorized by the physician(s) and subject to conditions and/or limitations as set

forth by the department. A health care professional who has prescribing privileges and is

employed by a collaborating physician may be in such an agreement.

     (b) "Collaborative practice agreement" is a written and signed agreement, entered into

voluntarily, between one or more licensed pharmacist(s), with advanced training and experience

relevant to the scope of collaborative practice, and one or more physicians that defines the

collaborative pharmacy practice in which the pharmacist(s) and physician(s) propose to engage.

Collaborative practice agreements shall be made in the best interest of public health.

     (c) "Collaborative practice committee" shall consist of six (6) individuals: three (3)

individuals to be appointed by the board of pharmacy from nominees provided by the Rhode

Island Pharmacists Association and three (3) individuals to be appointed by the board of medical

licensure and discipline from nominees provided by the Rhode Island Medical Society. The

collaborative practice committee shall advise the director on all issues pertinent to the regulation

of collaborative practice agreements.

     (d) "Drug therapy management" means the review, in accordance with a collaborative

practice agreement, of drug therapy regimen or regimens of patients by one or more licensed

pharmacist(s) for the purpose of initiating, adjusting, monitoring, or discontinuing the regimen.

Decisions involving drug therapy management shall be made in the best interests of the patient. In

accordance with a collaborative practice agreement, drug therapy management may include:

     (1) Initiating, adjusting, monitoring, or discontinuing drug therapy;

LC002597 - Page 17 of 90

     (2) Collecting and reviewing patient histories;

     (3) Obtaining and checking vital signs, including pulse, height, weight, temperature,

blood pressure, and respiration; and

     (4) Under the supervision of, or in direct consultation with one or more physician(s),

ordering and evaluating the results of laboratory tests directly related to drug therapy when

performed in accordance with approved protocols applicable to the practice setting and providing

such evaluation does not include any diagnostic component.

     (e) "Limited-function test" means those tests listed in the federal register under the

Clinical Laboratory Improvement Amendments of 1988 (CLIA) as waived tests. For the purposes

of this chapter, limited-function test shall include only the following: blood glucose, hemoglobin

Alc, A1c cholesterol tests, and/or other tests that are classified as waived under CLIA and are

approved by the United States Food and Drug Administration for sale to the public without a

prescription in the form of an over-the-counter test kit.

     (f) "Pharmacist with advanced training and experience relevant to the scope of

collaborative practice" means a licensed pharmacist in this state with a bachelor of science in

pharmacy and post-graduate educational training or a doctor of pharmacy degree. Such training

shall include, but not be limited to, residency training; board certification; certification from an

accredited professional organization educational institution; or any other continuing education

provider approved by the director of health relevant to the proposed scope of the collaborative

practice agreement.

     (g) "Practice of pharmacy" means the interpretation, evaluation, and implementation of

medical orders, including the performance of clinical laboratory tests, provided such testing is

limited to limited-function tests as defined herein; the dispensing of prescription drug orders;

participation in drug and device selection; drug regiment regimen reviews and drug or drug-

related research; provision of patient counseling and the provision of those acts or services

necessary to provide pharmaceutical care; drug therapy management pursuant to a collaborative

practice agreement; and the responsibility for the supervision for compounding and labeling of

drugs and devices (except labeling by a manufacturer, repackager, or distributor of

nonprescription drugs and commercially packaged legend drugs and devices); proper and safe

storage of drugs and devices; and maintenance of proper records for them.

     SECTION 10. Sections 5-20-12, 5-20-12.1, 5-20-14.1, 5-20-17 and 5-20-35 of the

General Laws in Chapter 5-20 entitled "Plumbers, Irrigators, and Water System Installers" are

hereby amended to read as follows:

     5-20-12. Corporations and firms engaging in business.

LC002597 - Page 18 of 90

      (a) No corporation, firm, association, partnership, or other entity shall engage in

business, advertise, make application for and take out permits, bid for work, or represent itself as

a master plumber, a master irrigator, or master water-filtration/treatment-system installer unless:

     (1) A licensed master plumber, as provided in this chapter, shall be continuously engaged

in the supervision of the entity's plumbing installation, irrigation installation, commercial water-

filtration/treatment-system installation, maintenance, and repair work and the licensed master is

an officer of the corporation, a partner in the partnership, or a similarly authorized principal of

any firm, association, or other entity; or

     (2) The entity possesses a valid plumbing contractor's license, master irrigator's license,

or master water-filtration/treatment-system installer's license duly issued by the department of

labor and training as described in subsection (b) of this section.

     (b) Upon application of any of the entities listed in subsection (a) of this section in form

and substance prescribed by the department of labor and training, and receipt of the fee for the

application and license, which shall be equal to the fee for a master plumber's license, master

irrigator's license, or master water-filtration/treatment-system installer's license as described in §

5-20-16, the department of labor and training shall issue the applicant entity a license as a

plumbing contractor, irrigation contractor, or commercial water-filtration/treatment-system

contractor. The plumbing contractor's, irrigation contractor's, or commercial water-

filtration/treatment-system contractor's license shall specify the name of the entity holding the

license and shall state that the license holder shall:

     (1) Have a licensed contractor master plumber, as that term is defined in § 5-20-12.1,

who is continuously engaged in the supervision of the entity's plumbing installation, maintenance,

and repair work and who is an officer of the corporation, a partner in the partnership, or a

similarly authorized principal of any firm, association, or other entity; or

     (2) Continuously employ at all times, while holding the license, a duly licensed master

plumber, master irrigator, or master water-filtration/treatment-system installer as provided in this

chapter, who is continuously engaged in the supervision of the entity's plumbing installation,

irrigation installation, commercial water-filtration/treatment-system installation, maintenance,

and repair work. The plumbing contractor's, master irrigator's, and water-filtration/treatment-

system installer's license shall entitle the entity holding the license to engage in business,

advertise, bid for work, or represent itself as a master plumber, master irrigator, and master water-

filtration/treatment-system installer or a plumbing contractor and shall also entitle the entity to

make application for and take out permits through its duly authorized officer or similarly

authorized principal, as well as through the duly licensed contractor master as described in this

LC002597 - Page 19 of 90

section, or the duly licensed master plumber, master irrigator or master water-filtration/treatment-

system installer continuously employed by the entity as stated in this section, as the case may be.

The contractor's license shall not, in and of itself, permit a principal, officer, employee, or agent

of the entity holding the license to individually engage in installation, maintenance, or repair

work as described above unless that principal, officer, employee, or agent is individually licensed

so to do.

     (c) Any work engaged in, advertised for, applied for by permit, bid for, or represented to

be permissible shall be solely of the type for which the licensed master plumber, master irrigator,

or master water-filtration/treatment-system installer who serves as an officer, or similarly

authorized principal, of the entity or who is continuously employed by the entity holding a

plumbing contractor's license, irrigation contractor's, or commercial water-filtration/treatment-

system contractor's license, is duly licensed to perform.

     (d) Any licensed master plumber, master irrigator, or master water-filtration/treatment-

system installer who serves as an officer, or similarly authorized principal of this type of entity, or

who is continuously employed by an entity holding a plumbing, irrigation, or commercial water-

filtration/treatment-system contractor's license shall represent the interests of one such entity and

only one such entity at any given time as described in this section.

     (e) In the event that the licensed master plumber, master irrigator, or master water-

filtration/treatment-system installer described in this section ceases to be an officer or similarly

authorized principal of one of the entities described in this section, or ceases to be continuously

employed by an entity holding a plumbing contractor's license for any reason whatsoever, the

entity shall provide written notice of the cessation to the department of health no more than

fourteen (14) days after the effective date of occurrence of the cessation. Any entity so affected

shall provide written notice of the cessation to the department of labor and training specifying the

licensed master plumber, master irrigator, or master water-filtration/treatment-system installer

who is replacing the departed licensed master plumber referenced in this section no more than

forty-five (45) days after the effective date of occurrence of the cessation.

     (f) No corporation, firm, association, partnership, or other entity which that engages in,

offers to engage in, or represents that it engages in plumbing installation, irrigation system

installation, or commercial water-filtration/treatment-system maintenance or repair work in the

state of Rhode Island is permitted to incorporate, form, qualify to do business, or otherwise

register with the Rhode Island secretary of state's office until and unless that office has first

received a written confirmation from the department of labor and training that all requisite

licenses to be issued by the department of labor and training have been so issued and remain in

LC002597 - Page 20 of 90

good standing.

     (g) Any willful violation of this section is grounds for revocation of license as further

described in § 5-20-27.

     5-20-12.1. Issuance of contractor master license.

      (a) There is created a class of license which that shall be known as a contractor master

plumber. This license does not, in and of itself, permit any holder of a license to individually

engage in installation, maintenance, or repair as described in this chapter, but may instead only be

used in conjunction with a contractor's license as described in § 5-20-12.

     (b) No application for a license of a contractor master plumber shall be filed with the

department of labor and training, nor shall any applicant be permitted to take the examination for

a license, unless:

     (1) The applicant possesses the requisite skill, expertise, education, experience, training,

and other qualities or qualifications to take an examination as the department of labor and

training, by the promulgation of regulations, may require. ; and

     (2) The application is accompanied by a test fee, which equals the fee for a master

plumber as outlined in § 5-20-16.

     (3) (c) Upon passage of the contractor master examination as prepared and administered

by the department of labor and training upon recommendation and advice of the board, payment

of a license fee which equals the fee for a master plumber as outlined in § 5-20-23 shall be

required and the contractor master license shall be issued as provided in § 5-20-21.

     (c) (d) Applications must be filed with the department of labor and training at least

fifteen (15) days prior to the examination date.

     5-20-14.1. Grandfathering -- Licensing of irrigation masters, irrigation

journeypersons, water-filtration/treatment-system masters and water-filtration/treatment-

system journeypersons without examination.

      (a) After July 13, 2001, and at any time prior to the expiration of twelve (12) months

following July 13, 2001, the authority shall, without examination, upon payment of the fees

required in this chapter, issue through the department of labor and training, division of

professional regulation, a master irrigation license or a journeyperson irrigation license to any

applicant who shall present satisfactory evidence that he or she has the qualifications for the type

of license applied for. Thereafter, in order to qualify for a master irrigation license after the initial

"grandfather" window, the eligible contractor shall be required to pass a written examination and

show the proof contained in this subsection section of his or her eligibility.

     (b) Prior to January 1, 2018, the authority shall, without examination, upon payment of

LC002597 - Page 21 of 90

the fees required in this chapter, issue through the department of labor and training, division of

professional regulation, a master water-filtration/treatment-system installer license or a

journeyperson water-filtration/treatment-system installer license to any applicant who shall

present satisfactory evidence that they have the qualifications for the type of license applied for.

After January 1, 2018, in order to qualify for a master water-filtration/treatment-system installer

license or a journeyperson water-filtration/treatment-system installer license, the eligible

individual shall be required to pass a written examination and show the proof contained in this

subsection of their eligibility.

     (c) Satisfactory evidence shall be any of the following that is applicable:

     (1) [Deleted by P.L. 2016, ch. 26, § 1 and P.L. 2016, ch. 31, § 1].

     (2) [Deleted by P.L. 2016, ch. 26, § 1 and P.L. 2016, ch. 31, § 1].

     (3) [Deleted by P.L. 2016, ch. 26, § 1 and P.L. 2016, ch. 31, § 1].

     (4) The contractor has been incorporated or has been registered to do business with the

state of Rhode Island for the past three (3) years designating irrigation or installing water-

filtration/treatment systems as a provided service; or

     (5) The installer has been employed for the past three (3) years by a contractor that has

been incorporated or registered to do business with the state of Rhode Island designating water-

filtration/treatment-system installation as a provided service; or

     (6) Notarized confirmation by three (3) irrigation or water-filtration/treatment-system

contractors.

     5-20-17. Qualifications of journeyperson -- Application fee.

      (a) No application for a journeyperson's license shall be filed at the department of labor

and training nor shall any applicant be permitted to take the examination for a license as a

journeyperson plumber, unless:

     (1) The application is accompanied by a nonrefundable application fee of seventy-five

dollars ($75.00); and

     (2) The applicant shall have possessed, for at least four (4) years prior to the filing of the

application, a certificate of registration in full force and effect from the department of labor and

training specifying that person as a registered apprentice plumber and the application of that

applicant is accompanied with an affidavit or affidavits of his or her employer or former

employers or other reasonably satisfactory evidence showing that the applicant has been actually

engaged in plumbing work as an apprentice plumber in the state of Rhode Island for eight

thousand (8,000) hours of on- the- job training during a five - (5) year (5) period, which shall

include the successful completion of five hundred seventy-six (576) hours of related instruction at

LC002597 - Page 22 of 90

a training program recognized by the department of labor and training; provided, however, the

apprentice may receive credit for one hundred forty-four (144) hours of classroom training

applied against the five hundred seventy-six (576) hours required pursuant to this section, gained

in a vocational school authorized by the board of regents for elementary and secondary

education council on elementary and secondary education; and approved by the Rhode Island

department of labor and training state apprenticeship council.

     (3) The application is accompanied with an affidavit or other reasonably satisfactory

evidence showing that the applicant has been a registered student in a recognized college,

university, or trade school and has pursued a course of plumbing or sanitary engineering for at

least two (2) academic years; or

     (4) The applicant is the recipient of an associate degree in either plumbing or sanitary

engineering, and has been registered by the department of labor and training as an apprentice

plumber for at least two (2) years and at all times while being employed as a registered apprentice

plumber by a duly licensed master plumber in this state for a period of two (2) years; or

     (5) The application is accompanied by an affidavit or other reasonably satisfactory

evidence showing that the applicant possesses a certificate of license, issued under the laws of

another state, provided that the requirements are the same as the state specifying that person as a

journeyperson plumber.

     (6) The records of the hours of on- the- job training and the hours of related instruction

should be maintained in a mutually responsible manner, through a joint effort on the part of the

master plumber and the apprentice.

     (7) The completed application is to be filed with the department at least fifteen (15) days

prior to the examination date.

     5-20-35. Persons and acts exempt -- Issuance of licenses in special cases.

      (a) The provisions of this chapter do not apply to the installation of automatic sprinkler

systems or other fire protection appliances in this state and do not apply to employees of public

utilities (publicly or privately owned); provided, that any resident of Rhode Island not licensed, as

provided in this chapter, desiring a license as a master plumber or journeyperson plumber who on

or before August 14, 1966, presents to the department of labor and training of the state reasonably

satisfactory evidence, in writing, that he or she was actively engaged in the business of plumbing

as a master plumber or working as a journeyperson plumber for a master plumber in any city or

town for five (5) years prior to May 16, 1966, and that he or she is at the time of presenting that

evidence to the department of labor and training operating in any city or town as a master

plumber or working as journeyperson plumber, shall, upon payment of a fee of five dollars

LC002597 - Page 23 of 90

($5.00) in the case of a master plumber or one dollar ($1.00) in the case of a journeyperson

plumber, have issued to him or her by the department of labor and training a certificate of license

as a master plumber or a journeyperson plumber without an additional application, fee, or other

condition precedent. Farms, golf courses, and nurseries performing irrigation work on their

premises only shall not be required to be licensed under the chapter.

     (b) Solar thermal professional. A Certificate REPC Renewable energy professional

certificate (REPC) shall be issued to any person, firm, or corporation, qualified under this

chapter, engaged in, or about to engage in, the business of installing solar thermal technologies.

Solar thermal plumbing or mechanical work must be performed by persons, firms, or corporations

properly licensed under chapter 20 of title 5 or chapter 27 of title 28. Certificate REPC holders

may advertise and bid for solar thermal work provided that they contract with persons, firms, or

corporations who or that are properly licensed under chapter 20 of title 5 or chapter 27 of title 28

to perform all related plumbing or mechanical work. The REPC Certificate shall specify the

name of the person, firm, or corporation applying for it and the name of the person, who, in the

case of a firm, is one of its members, and in the case of a corporation, is one of its officers,

passing the examination by which he or she or it is authorized to enter upon or engage in business

as prescribed in the certificate.

     (c) Solar thermal professional's certificate. The Rhode Island department of labor and

training shall issue a certificate of competency in the design and installation of solar thermal

systems to any person, firm, or corporation who or that has received a certification from a

nationally recognized, or equivalent, renewable energy certification training program and has

demonstrated proof of such certification to the Rhode Island office of energy resources.

     (d) Nothing in this or any other chapter of the general laws shall prohibit municipalities

or water districts from using employees, or engaging the services of licensed plumbers or other

contractors and/or service providers that meet certain requirements determined by the

municipality or water district, for the purpose of replacing water meters or meter reading devices.

     SECTION 11. Section 5-20.5-14 of the General Laws in Chapter 5-20.5 entitled "Real

Estate Brokers and Salespersons" is hereby amended to read as follows:

     5-20.5-14. Revocation, suspension of license -- Probationary period -- Penalties.

      (a) The director may, upon his or her own motion, and shall, upon the receipt of the

written verified complaint of any person initiating a cause under this section, ascertain the facts

and, if warranted, hold a hearing for the suspension or revocation of a license. The director has

power to refuse a license for cause or to suspend or revoke a license or place a licensee on

probation for a period not to exceed one year where it has been obtained by false representation,

LC002597 - Page 24 of 90

or by fraudulent act or conduct, or where a licensee, in performing or attempting to perform any

of the acts mentioned in this chapter, is found to have committed any of the following acts or

practices:

     (1) Making any substantial misrepresentation;

     (2) Making any false promise of a character likely to influence, persuade, or induce any

person to enter into any contract or agreement when he or she could not or did not intend to keep

that promise;

     (3) Pursuing a continued and flagrant course of misrepresentation or making of false

promises through salespersons, other persons, or any medium of advertising, or otherwise;

     (4) Any misleading or untruthful advertising;

     (5) Failing to deposit money or other customers' funds received by a broker or

salesperson into an escrow account maintained by the broker that complies with the requirements

set forth in § 5-20.5-26, upon execution of a purchase and sales agreement;

     (6) Failing to preserve for three (3) years following its consummation records relating to

any real estate transaction as described in the regulations issued by the department;

     (7) Acting for more than one party in a transaction without the knowledge and consent, in

writing, of all parties for whom he or she acts;

     (8) Placing a "for sale" or "for rent" sign on any property without the written consent of

the owner, or his or her authorized agent;

     (9) Failing to furnish a copy of any listing, sale, lease, or other contract relevant to a real

estate transaction to all signatories of the contract at the time of execution;

     (10) Failing to specify a definite termination date that is not subject to prior notice, in any

listing contract;

     (11) Inducing any party to a contract, sale, or lease to break that contract for the purpose

of substitution in lieu of that contract a new contract, where that substitution is motivated by the

personal gain of the licensee;

     (12) Accepting a commission or any valuable consideration by a salesperson for the

performance of any acts specified in this chapter, from any person, except the licensed real estate

broker with whom he or she is affiliated;

     (13) Failing to disclose to an owner his or her intention or true position if he or she,

directly or indirectly through a third party, purchases for him himself or herself or acquires or

intends to acquire any interest in or any option to purchase property that has been listed with his

or her office to sell or lease;

     (14) Being convicted of any criminal felony in a court of competent jurisdiction of this or

LC002597 - Page 25 of 90

any other state or federal court involving dishonesty, breach of trust, forgery, embezzlement,

obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, fraud,

false dealing, or any similar offense(s) or by pleading guilty or nolo contendere to any such

criminal offense or offenses;

     (15) Violating any rule or regulation promulgated by the department in the interest of the

public and consistent with the provisions of this chapter;

     (16) In the case of a broker licensee, failing to exercise adequate supervision over the

activities of his or her licensed salesperson within the scope of this chapter;

     (17) Failing or refusing to provide information requested by the commission or director

as the result of a formal or informal complaint to the director that would indicate a violation of

this chapter;

     (18) Soliciting, selling, or offering for sale real property by offering free lots, or

conducting lotteries or contests or offering prizes for the purpose of influencing a purchaser or

prospective purchaser of real property;

     (19) Paying or accepting, giving, or charging any undisclosed commission, rebate,

compensation, or profit or expenditures for a principal, or in violation of this chapter;

     (20) Any conduct in a real estate transaction that demonstrates bad faith, dishonesty,

untrustworthiness, or incompetence;

     (21) Failing to have all listing agreements in writing, properly identifying the property

and containing all of the terms and conditions of the sale, including the commission to be paid,

the signatures of all parties concerned, and a definite expiration date in that contract that shall not

require an owner to notify a broker of his or her intention to terminate. An exclusive agency

listing or exclusive right to sell listing shall be clearly indicated in the listing agreement;

     (22) Accepting a listing based on "net price". In cases where the owner wishes to list in

this manner, the agreed-upon commission is added and listings made in the usual manner;

     (23) Negotiating, or attempting to negotiate, the sale, exchange, or lease of any real

property directly with an owner or lessor knowing that the owner or lessor has an outstanding

exclusive listing contract with another licensee covering the same property, except when the real

estate broker or salesperson is contacted by the client of another broker regarding a real estate

service, and the broker or salesperson has not directly or indirectly initiated those discussions,

they may discuss the terms under which they might enter into a future agency agreement; or they

may enter into an agency agreement that becomes effective upon termination of any existing

exclusive agreement; or they may enter into an agreement for other real estate service not covered

by an existing agency relationship;

LC002597 - Page 26 of 90

     (24) Accepting an exclusive right to sell or lease or an exclusive agency and subsequently

failing to make a diligent effort to sell or lease the listed property;

     (25) Advising against the use of the services of an attorney in any real estate transaction;

     (26) Representing to any lender or any other party in interest, either verbally or through

the preparation of a false sales contract, an amount other than the true and actual sales price;

     (27) Submitting to an owner a written offer to purchase or lease unless that offer contains

the essential terms and conditions of the offer, including the manner in which the purchase price

is to be paid, and if that offer is contingent upon certain conditions, those conditions shall be

clearly stated in the offer, or unless the offer is conditioned upon the later execution of a complete

agreement for sale;

     (28) Paying any sums of money being held in an escrow account to any person, or

converting the sums of money for his or her own use, in the event of a failed real estate

transaction, without having complied with the department's rules and regulations relative to the

transfer of disputed deposit funds to the office of the general treasurer;

     (29) Advertising to sell, buy, exchange, rent, or lease the property of another in a manner

indicating that the offer to sell, buy, exchange, rent, or lease that property is being made by a

private party not engaged in the real estate business, nor or inserting advertisements in any

publication containing only a post office or other box number, telephone number, or street

address. No salesperson shall advertise the property of another under his or her own name;

     (30) As a licensed salesperson, failing upon termination of his or her employment or

affiliation with a real estate broker and upon demand by the broker to immediately turn over to

the broker any and all information, records, or other materials obtained during his or her

employment, whether the information or records were originally given to him or her by the broker

or copied from the records of that broker or affiliation or acquired by the salesperson during his

or her employment;

     (31) Offering, promising, giving, or paying, directly or indirectly, any part or share of his

or her commission or compensation arising or accruing from any real estate transaction to any

person who is not licensed as a real estate broker, but who by law should be licensed, or who is

not a real estate salesperson employed by that licensee;

     (32) Soliciting the sale, lease, or the listing for sale or lease, of residential property on the

ground of loss of value due to the present or prospective entry in the neighborhood of a person or

persons of another race, religion, or ethnic origin, nor shall he or she distribute, or cause to be

distributed, material or make statements designed to induce a residential property owner to sell or

lease his or her property due to such these factors;

LC002597 - Page 27 of 90

     (33) Failure of the employing broker to notify the director, in writing, within ten (10)

days of the termination of a salesperson's employment of or contractual relationship, or failure of

a salesperson to notify the director, in writing, within ten (10) days of any change in his/her his

or her broker affiliation;

     (34) Failure to report all written offers to the owner prior to the signing of a purchase and

sale agreement by the owner;

     (35) Failure of agents to provide buyers and sellers of real property with disclosure

regarding real estate agency relationships as specified in chapter 20.6 of this title;

     (36) Failure of an associate broker to inform the public of associate broker status by not

listing associate broker on business cards and correspondence or by informing the public that his

or her status in the real estate firm is that of broker; or

     (37) Failure to pay sums of money being held in an escrow account, pursuant to § 5-20.5-

26, within ten (10) days of receipt of a written release that has been signed by all parties to a

failed real estate transaction.

     (b) The director is authorized to levy an administrative penalty not exceeding two

thousand dollars ($2,000) for any violation under this section or the rules and regulations of the

department of business regulation.

     SECTION 12. Sections 5-29-14, 5-29-15, 5-29-16 and 5-29-20 of the General Laws in

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

     5-29-14. Limited registration -- Academic faculty.

     Notwithstanding any other provisions of this chapter, a podiatrist of noteworthy and

recognized professional attainment who is a clearly outstanding podiatrist and who has been

offered by the dean of a medical school or podiatry school in this state a full-time academic

appointment, is eligible for a limited registration while serving on the academic staff of the

medical school or podiatry school. Upon recommendation of the dean of an accredited school of

medicine, or podiatry in this state, the board in its discretion, after being satisfied that the

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

knowledge and special training will benefit that medical school, or podiatry school, may issue to

that podiatrist a limited registration to engage in the practice of podiatry to the extent that the

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

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

Except to the extent authorized by this section, the registrant shall not engage in the practice of

podiatry or receive compensation for that practice, unless he or she is issued a license to practice

podiatry. The registration is valid for a period of not more than one year expiring on the 30th day

LC002597 - Page 28 of 90

of June following its initial effective date, but may be renewed annually; provided, that such the

registration automatically expires when the holder's relationship with the medical school or

podiatry school is terminated. The application fee for the registration authorized under this

section and for the application fee for biennial renewal, as promulgated by the director, shall be as

set forth in § 23-1-54.

     5-29-15. Immunity from suit.

      (a) The director of health and board members are immune from suit in any action, civil

or criminal, based upon any disciplinary proceeding or other official act performed in good faith

in the course of their duties under this chapter. There is no civil liability on the part of or cause of

action of any nature against the board, director, their agents or their employees or against any

organization or its members, peer review board or its members, or other witnesses and parties to

board proceedings for any statement made by them in any reports, communications, or testimony

concerning an investigation of the conduct or competence of a licensed podiatrist or limited

registrant.

     (b) No licensed health care provider, podiatrist, or limited registrant shall discharge,

threaten, or otherwise discriminate against any employee, staff member, or any other person for

making a report, to giving testimony, to or providing any other communication to the board of

examiners in podiatry, a peer-review organization or any appropriate supervisory personnel

concerning the unprofessional conduct or incompetence or negligence of a podiatrist, or limited

registrant; provided, that the report, testimony or other communication was made in good faith.

     5-29-16. Unprofessional conduct.

     The term "unprofessional conduct" as used in this chapter includes, but is not limited to,

the following items or any combination of them and may be further defined by regulations

established by the board with the approval of the director:

     (1) Fraudulent or deceptive procuring or use of a license of limited registration;

     (2) All advertising of podiatry business, which that is intended or has a tendency to

deceive the public;

     (3) Conviction of a crime involving moral turpitude;, conviction of a felony;, or

conviction of a crime arising out of the practice of podiatry;

     (4) Abandonment of a patient;

     (5) Dependence upon a controlled substance, habitual drunkenness, or rendering

professional services to a patient while the podiatrist or limited registrant is intoxicated or

incapacitated by the use of drugs;

     (6) Promotion by a podiatrist, or limited registrant of the sale of drugs, devices,

LC002597 - Page 29 of 90

appliances, or goods or services provided for a patient in a manner that exploits the patient for the

financial gain of the podiatrist or limited registrant;

     (7) Immoral conduct of a podiatrist, or limited registrant in the practice of podiatry;

     (8) Willfully making and filing false reports or records in the practice of podiatry;

     (9) Willful omission to file or record, or willfully impeding or obstructing a filing or

recording, or inducing another person to omit to file or record podiatry/medical or other reports as

required by law;

     (10) Failure to furnish details of a patient's medical record to a succeeding podiatrist or

medical facility upon proper request pursuant to this chapter;

     (11) Solicitation of professional patronage by agents or persons or profiting from acts of

those representing themselves to be agents of the licensed podiatrist or limited registrant;

     (12) Division of fees or agreeing to split or divide the fees received for professional

services for any person for bringing to or referring a patient;

     (13) Agreeing with clinical or bio-analytical laboratories to accept payments from those

laboratories for individual tests or test series for patients, or agreeing with podiatry laboratories to

accept payment from those laboratories for work referred;

     (14) Willful misrepresentation in treatment;

     (15) Practice Practicing podiatry with an unlicensed podiatrist except in accordance

with the rules and regulations of the board, of or aiding or abetting those unlicensed persons in

the practice of podiatry;

     (16) Gross and willful overcharging for professional services;, including filing of false

statements for collection of fees for which services are not rendered or willfully making or

assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in

determining rights to podiatric care or other benefits;

     (17) Offering, undertaking, or agreeing to cure or treat disease by a secret method,

procedure, treatment, or medicine;

     (18) Professional or mental incompetence;

     (19) Incompetent, negligent, or willful misconduct in the practice of podiatry which that

includes the rendering of unnecessary podiatry services and any departure from or the failure to

conform to the minimal standards of acceptable and prevailing podiatry practice in his or her area

of expertise as is determined by the board. The board does not need to establish actual injury to

the patient in order to adjudge a podiatrist or limited registrant to be guilty of unprofessional

conduct;

     (20) Revocation, suspension, surrender, or limitation of privilege based on quality of care

LC002597 - Page 30 of 90

provided or any other disciplinary action against a license to practice podiatry in another state or

jurisdiction, or revocation, suspension, surrender, or other disciplinary action as to membership

on any podiatry staff or in any podiatry or professional association or society for conduct similar

to acts or conduct which that would constitute grounds for action as set forth in this chapter;

     (21) Any adverse judgment, settlement, or award arising from a medical liability claim

related to acts or conduct similar to acts or conduct which that would constitute grounds for

action as defined in this chapter or regulations adopted pursuant to this chapter;

     (22) Failure to furnish the board, its director, investigator, or representative, information

legally requested by the board;

     (23) Violation of any provisions of this chapter or the rules and regulations of the board

or any rules and regulations promulgated by the director or of an action, stipulation, or agreement

of the board;

     (24) Cheating on or attempting to subvert the licensing examination;

     (25) Violating any state or federal law or regulation relating to controlled substances;

     (26) Failure to maintain standards established by peer-review boards, including but not

limited to standards related to proper utilization of services, and use of non-accepted procedure

and/or quality of care; or

     (27) A podiatrist providing services to a person who is making a claim as a result of a

personal injury, who charges or collects from the person any amount in excess of the

reimbursement to the podiatrist by the insurer as a condition of providing or continuing to provide

services or treatment.

     5-29-20. Privileges and immunities for peer review activities.

      (a) Neither the proceedings nor the records of peer-review boards are subject to

discovery or admissible in evidence in any case except litigation arising out of the imposition of

sanctions upon a podiatrist. Any imposition or notice of a restriction of privileges or a

requirement of supervision imposed on a podiatrist for unprofessional conduct is subject to

discovery and admissible in any proceeding against the podiatrist or against any podiatry care

facility or podiatry care provider which that allows the podiatrist to perform the podiatry

procedures which that are the subject of the restrictions or supervision during the period of any

imposition or notice of a restriction of privileges or a requirement of supervision, and apply

applies to records made in the regular course of business by a hospital or other provider of health

care information. Documents or records available from original sources are not to be construed as

immune from discovery or use in any civil proceedings merely because they were presented

during the proceedings of the committee.

LC002597 - Page 31 of 90

     (b) There is no monetary liability on the part of, and no cause of action for damages

arising against, any member of an appointed peer-review board operated pursuant to written

bylaws, for any act or proceeding undertaken or performed within the scope of the functions of

the board.

     (c) There is no monetary liability on the part of, and no cause of action for damages

arising against, any person on account of the communication of information in the possession of

that person to any peer-review board or the board of examiners in podiatry when the

communication is intended to aid in the evaluation of the qualifications, fitness, or character of a

practitioner of podiatry and does not represent as true any matter not reasonably believed to be

true.

     (d) Any peer review processes authorized by statute and carried out in good faith have the

benefit of the state action exemption to the state antitrust law.

     SECTION 13. Section 5-33.2-1 of the General Laws in Chapter 5-33.2 entitled "Funeral

Director/Embalmer Funeral Service Establishments" is hereby amended to read as follows:

     5-33.2-1. Definitions.

     As used in this chapter:

     (1) "Board" means the state board of funeral directors/embalmers.

     (2) "Cremation" means a two (2)- part (2) procedure where a dead human body or body

parts are reduced by direct flames to residue which that includes bone fragments and the

pulverization of the bone fragments to a coarse powdery consistency.

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

     (4) "Division" means the division of professional regulation created under chapter 26 of

this title.

     (5) "Embalmer" means any person who has completed an internship,, full course of study

at an accredited mortuary science school,; has passed the national board examination; and is

engaged in the practice or profession of embalming, as defined in this section.

     (6) "Embalming" means the practice, science, or profession of preserving, disinfecting,

and preparing in any manner, dead human bodies for burial, cremation, or transportation.

     (7) "Funeral" means a period following death in which there are religious services or

other rites or ceremonies with the body of the deceased present.

     (8)(i) "Funeral directing" means:

     (A) Conducting funeral services; or

     (B) The arrangement for disposition of dead human bodies, except in the case of any

religion where the preparation of the body or the provision of funeral services should be done

LC002597 - Page 32 of 90

according to religious custom or belief.

     (ii) Only funeral directors/embalmers, working for a licensed funeral establishment are

allowed to meet with families for the purpose of arranging funerals. Provided, that any person

who assumed an ownership interest from their his or her spouse or any widow or widower of a

licensed funeral director who at the time of November 1, 1995, has been meeting with families to

arrange for the conducting of funeral services are is allowed to continue this practice.

     (9) "Funeral director/embalmer" means any person engaged, or holding himself or herself

out as engaged, in the practice or profession of funeral directing, and the science, practice, or

profession of embalming as previously defined, including a funeral director of record, who may

be a funeral director at more than one establishment or any other word or title intending to imply

or designate him or her as a funeral director/embalmer, undertaker, or mortician. The holder of

this license must be the holder of an embalmer's license.

     (10) "Funeral director/embalmer intern" means any person engaged in learning the

practice, or profession of funeral directing and the science, practice, or profession of embalming

under the instruction and supervision of a funeral director/embalmer licensed and registered under

the provisions of this chapter and actively engaged in the practice, or profession of funeral

directing and embalming in this state.

     (11) "Funeral establishment" means a fixed place, establishment, or premises, licensed by

the department, devoted to the activities which that are incident, convenient, or related to the

care and preparation, arrangement, financial and otherwise, for the funeral, transportation, burial,

or other disposition of human dead bodies and including, but not limited to, a suitable room with

all instruments and supplies used for the storage .or preparation of dead human bodies for burial

or other disposition.

     (12) "Funeral merchandise" means those items which that are normally presented for

sale as part of the funeral home operation on a for- profit basis. These items include caskets,

sealed warranted outer burial containers, and burial clothing. Not included are urns, grave

markers, and non-sealed outer burial containers. All persons engaged in the sale of funeral

merchandise must comply with the provisions of chapter 33 33.1of this title.

     (13) "Person" includes individuals, partnerships, corporations, limited-liability

companies, associations, and organizations of all kinds.

     (14) "Practice of funeral service" means a person engaging in providing shelter, care, and

custody of human dead remains; in the practice of preparing of the human dead remains by

embalming or other methods for burial or other disposition; in entering into a funeral service

contract; engaging in the functions of funeral directing and/or embalming as presently known

LC002597 - Page 33 of 90

including those stipulated within this chapter and as defined in the federal trade commission

"funeral rule". The practice of conducting funeral services is shall be conducted in the presence

of a licensed funeral director/embalmer.

     SECTION 14. Section 5-34-46 of the General Laws in Chapter 5-34 entitled "Nurses" is

hereby amended to read as follows:

     5-34-46. Status of current licensees.

     (a) Any person holding a license to practice nursing as a certified nurse practitioner,

psychiatric clinical nurse specialists , or certified registered nurse anesthetist, as defined in this

chapter and chapter 5-34.2 of title 5, in this state that is valid upon passage of this chapter shall

be deemed to be licensed as an APRN, with his or her current privileges and shall be eligible for

renewal of such license as defined under the provisions of this chapter and chapter 5-34.2 of title

5.

     (b) Any person holding a valid license to practice nursing having graduated from an

accredited course of study, actively practicing in an advanced role, and holding a national

certification related to his or her current practice setting as of (effective date of this act) passage

of this chapter, as defined in this chapters 5-35 or chapter 5-34.2 of title 5, shall be deemed to

be eligible for to license as an APRN license.

     (c) After August 1, 2013, all new applicants for APRN licensure must meet the stipulated

licensure requirements as stated in this chapter.

     SECTION 15. Section 5-35.1-20 of the General Laws in Chapter 5-35.1 entitled

"Optometrists" is hereby amended to read as follows:

     5-35.1-20. Penalty for violations.

     Any person who violates the provisions of this chapter shall be punished by a fine or of

not more than that set forth in § 23-1-54, or shall be imprisoned for not more than three (3)

months for each offense.

     SECTION 16. Section 5-35.2-6 of the General Laws in Chapter 5-35.2 entitled

"Opticians" is hereby amended to read as follows:

     5-35.2-6. Freedom of choice for eye care.

     Where the contracts call for the expenditure of public or private funds involving

Medicaid and RIte Care, Medicare, or supplemental coverage for any purpose relating to

eyewear, and as it pertains to opticianry, the distribution, dispensing, filling, duplication, and

fabrication of eyeglasses or optical prosthesis by opticians as defined in § 5-35.1-1 5-35.2-1,

those health plans or contracts are required to notify by publication in a public newspaper

published within and circulated and distributed throughout the state of Rhode Island, to all

LC002597 - Page 34 of 90

providers, including, but not limited to, opticians, within the health plan's or contract's geographic

service area, of the opportunity to apply for credentials, and there is no discrimination as to the

rate or reimbursement for health care provided by an optician for similar services as rendered by

other professions pursuant to this section. Nothing contained in the chapter shall require health

plans to contract with any particular class of providers.

     SECTION 17. Section 5-37-9.2 of the General Laws in Chapter 5-37 entitled "Board of

Medical Licensure and Discipline" is hereby amended to read as follows:

     5-37-9.2. Physician profiles -- Public access to data.

     (a)(1) The board shall compile the information listed in this section to create individual

profiles on licensed physicians, in a format created by the board, consistent with the provisions of

this section and § 23-1-1.4 and any regulations promulgated under these this sections section,

that are available for dissemination to the public and which that include a conspicuous statement

that "This profile contains certain information which that may be used as a starting point in

evaluating the physician. This profile should not be your sole basis for selecting a physician".

     (2) The following information shall be compiled by the board in accordance with state

laws and board regulations and procedures and shall be included in physician profiles, subject to

the limitations and requirements set forth below:

     (i) Names of medical schools and dates of graduation;

     (ii) Graduate medical education;

     (iii) A description of any final board disciplinary actions within the most recent ten (10)

years;

     (iv) A description of any final disciplinary actions by licensing boards in other states

within the most recent ten (10) years;

     (v) A description of any criminal convictions for felonies within the most recent ten (10)

years. For the purposes of this subsection, a person is deemed to be convicted of a crime if he or

she pleaded guilty or if he or she was found or adjudged guilty by a court of competent

jurisdiction, or was convicted of a felony by the entry of a plea of nolo contendere;

     (vi) A description of revocation or restriction of hospital privileges for reasons related to

competence taken by the hospital's governing body or any other official of the hospital after

procedural due process has been afforded, or the resignation from or nonrenewal of medical staff

membership or the restriction of privileges at a hospital. Only cases, which have occurred within

the most recent ten (10) years, shall be disclosed by the board to the public. ; and

     (vii) All medical malpractice court judgments and all medical malpractice arbitration

awards in which a payment is awarded to a complaining party since September 1, 1988, or during

LC002597 - Page 35 of 90

the most recent ten (10) years, and all settlements of medical malpractice claims in which a

payment is made to a complaining party since September 1, 1988, or within the most recent ten

(10) years. Dispositions of paid claims shall be reported in a minimum of three (3) graduated

categories indicating the level of significance of the award or settlement. Information concerning

paid medical malpractice claims shall be put in context by comparing an individual physician's

medical malpractice judgments, awards and settlements to the experience of other physicians

licensed in Rhode Island who perform procedures and treat patients with a similar degree of risk.

All judgment, award, and settlement information reported shall be limited to amounts actually

paid by or on behalf of the physician.

     (3) Comparisons of malpractice payment data shall be accompanied by:

     (i) An explanation of the fact that physicians treating certain patients and performing

certain procedures are more likely to be the subject of litigation than others and that the

comparison given is for physicians who perform procedures and treat patients with a similar

degree of risk;

     (ii) A statement that the report reflects data since September 1, 1988, or for the last ten

(10) years and the recipient should take into account the number of years the physician has been

in practice when considering the data;

     (iii) An explanation that an incident, giving rise to a malpractice claim, may have

occurred years before any payment was made due to the time lawsuits take to move through the

legal system;

     (iv) An explanation of the effect of treating high-risk patients on a physician's

malpractice history; and

     (v) An explanation that malpractice cases may be settled for reasons other than liability

and that settlements are sometimes made by the insurer without the physician's consent.

     (4) Information concerning all settlements shall be accompanied by the following

statement: "Settlement of a claim may occur for a variety of reasons which that do not

necessarily reflect negatively on the professional competence or conduct of the physician. A

payment in settlement of a medical malpractice action or claim should not be construed as

creating a presumption that medical malpractice has occurred." Nothing in this section shall be

construed to limit or prevent the board from providing further explanatory information regarding

the significance of categories in which settlements are reported.

     (5) Pending malpractice claims and actual amounts paid by or on behalf of a physician in

connection with a malpractice judgment, award, or settlement shall not be disclosed by the board

to the public. Nothing in this section shall be construed to prevent the board from investigating

LC002597 - Page 36 of 90

and disciplining a licensee on the basis of medical malpractice claims that are pending.

     (6) The following information shall be reported to the board by the physician and shall be

included in physician profiles, subject to the limitations and requirements specified in this

subdivision:

     (i) Specialty board certification;

     (ii) Number of years in practice;

     (iii) Names of the hospitals where the physician has privileges;

     (iv) Appointments to medical school faculties and indication as to whether a physician

has a responsibility for graduate medical education within the most recent ten (10) years;

     (v) Information regarding publications in peer-reviewed medical literature within the

most recent ten (10) years;

     (vi) Information regarding professional or community service activities and awards;

     (vii) The location of the physician's primary practice setting; and

     (viii) The identification of any language translating services that may be available at the

physician's primary practice location; provided, that a statement is included in the profile

indicating that these services may be temporary and that the physician's office should first be

contacted to confirm the present availability of language translation.

     (b) A physician may elect to have his or her profile omit certain information provided

pursuant to paragraphs subsection (a)(6)(iv) – (a)(6) (vi) of this section, concerning academic

appointments and teaching responsibilities, publication in peer-reviewed journals, and

professional and community service awards. In collecting information for these profiles and

disseminating it, the board shall inform physicians that they may choose not to provide any

information required pursuant to paragraphs (a)(6)(iv) – (a)(6) (vi) of this section.

     (c)(1) The board shall provide individual physicians with a copy of their profiles prior to

initial release to the public and each time a physician's profile is modified or amended based on

information not personally supplied to the board by the physician or not generated by the board

itself.

     (2) Prior to initial release to the public and upon each modification or amendment

requiring physician review as provided in this subsection, a physician shall be provided not less

than twenty-one (21) calendar days to correct factual inaccuracies that appear in his or her profile.

     (3) If a dispute arises between a physician and the board regarding the accuracy of factual

information in the physician's profile, the physician shall notify the board, in writing, of this

dispute.

     (4) If a physician does not notify the board of a dispute during the twenty-one - (21) day

LC002597 - Page 37 of 90

(21) review period, the profile shall be released to the public and the physician will be deemed to

have approved the profile and all information contained in the profile.

     (5) If a physician notifies the board of a dispute in accordance with this subsection, the

physician's profile shall be released to the public without the disputed information, but with a

statement to the effect that information in the identified category is currently the subject of a

dispute and is not available at this time.

     (6) Within ten (10) calendar days after the board's receipt of notice of a dispute, the

physician and the board or its authorized representative shall in good faith enter into discussions,

which may continue for up to thirty (30) days, to resolve the dispute. If the dispute is not resolved

within thirty (30) days, the disputed information shall be included in the profile with a statement

that this information is disputed by the physician.

     (d) Each profile shall contain a statement specifying the date of its last modification,

amendment, or update. If a physician has reviewed and approved or been deemed to have

approved his or her profile in accordance with this subsection, the physician is responsible for the

accuracy of the information contained in it. If a profile is released to the public without physician

review as required by this subsection, then notwithstanding any immunity from liability granted

by § 5-37-1.5 or 23-1-32, the board or any state agency supplying physician information to the

board is solely responsible for the accuracy of the information it generates or supplies and which

is contained in physician profiles released to the public.

     (e) In order to protect against the unauthorized use or disclosure of provider profiles by

department of health employees with access to the data, the department of health shall apply its

existing safeguards and procedures for protecting confidential information to physician profile

information.

     (f) For each profile provided to the public by the board, the board may charge no more

than fifty cents ($.50) per page or three dollars ($3.00) per profile, whichever is greater.

     SECTION 18. Section 5-37.7-10 of the General Laws in Chapter 5-37.7 entitled "Rhode

Island Health Information Exchange Act of 2008" is hereby amended to read as follows:

     5-37.7-10. Patient's rights.

     Pursuant to this chapter, a patient participant who has his or her confidential health care

information transferred through the HIE shall have the following rights:

     (1) To obtain a copy of his or her confidential health care information from the HIE;

     (2) To obtain a copy of the disclosure report pertaining to his or her confidential health

care information;

     (3) To be notified as required by chapter 49.2 of title 11 49.3 of title 11, the Rhode Island

LC002597 - Page 38 of 90

identity theft protection act, of a breach of the security system of the HIE;

     (4) To terminate his or her participation in the HIE in accordance with rules and

regulations promulgated by the agency;

     (5) To request to amend his or her own information through the provider participant;

     (6) To request their his or her confidential health care information from the HIE be

disclosed to an authorized representative; and

     (7) To request their his or her confidential health care information from the HIE be

disclosed to health care providers who are not provider participants as defined by this chapter.

     SECTION 19. Sections 5-40-7.1 and 5-40-9 of the General Laws in Chapter 5-40 entitled

"Physical Therapists" are hereby amended to read as follows:

     5-40-7.1. Licensing of physical therapist assistants.

     (a) By eExamination. The applicant is required to pass with a grade determined by the

board an examination approved by the department in consultation with the board.

     (b) Without eExamination by eEndorsement. A license may be issued without

examination to an applicant who has been licensed by examination as a physical therapist

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

the board, the applicant meets the qualifications required of physical therapist assistants in this

state.

     (c)(1) Graduate pPractice. Every graduate of a board - approved physical therapist

assistant educational program who has filed a physical therapy application may, upon receiving a

permit from the department of health, perform as a physical therapist assistant under the

supervision of a physical therapist licensed in this state.

     (2) During this period, the applicant shall identify him himself or herself only as a

"graduate physical therapist assistant."

     (3) If the applicant fails to take the examination, as specified in § 5-40-7(a) subsection(a)

within ninety (90) days from the effective date of graduate status, without cause or fails to pass

the examination and receive a license, all privileges provided in subdivisions (1) and (2) of this

subsection subsections (c)(1) and (c)(2) automatically cease.

     (d)(1) Foreign-tTrained aApplicants. If the foreign-trained applicant has successfully met

the requirements of the rules and regulations, the applicant's credentials shall be accepted by the

board.

     (2) Prior to becoming licensed in this state, the foreign-trained applicant must also meet

all of the appropriate requirements described in this section or its equivalent as established in

rules and regulations.

LC002597 - Page 39 of 90

     5-40-9. Right of use of the title of physical therapist.

     (a) To safeguard the welfare and health of the people of the state, it is unlawful for any

person to represent himself or herself as a physical therapist or physical therapist assistant in this

state or to use any title, abbreviation, sign, or device to indicate that the person is a physical

therapist or physical therapist assistant unless this person has been licensed pursuant to the

provisions of § 5-40-7. and 5-40-7.1.

     (b) A physical therapist shall use the letters "PT" or the term "physical therapist"

immediately following his or her name to designate licensure under this chapter. A person or

business entity, its employees, agents, or representatives shall not use in connection with that

person's name or the name or activity of the business, the words "physical therapy", "physical

therapist", "registered physical therapist", the letters "PT", "DPT", "LPT", "RPT", "SPT", or any

other words, abbreviations, or insignia, indicating or implying, directly or indirectly, that physical

therapy is provided or supplied, unless such the services are provided by or under the direction of

a physical therapist licensed pursuant to this chapter. A person or business entity shall not

advertise or otherwise promote another person as being a "physical therapist" unless the

individual so advertised or promoted is licensed as a physical therapist pursuant to this chapter. A

person or business entity who or that offers, provides, or bills any other person for services shall

not characterize those services as "physical therapy" unless the individual performing those

services is a person under the direction or supervision of a physical therapist pursuant to this

chapter.

     (c) The abbreviation "G.P.T." shall be used to identify a "graduate physical therapist"

authorized to perform as a graduate physical therapist pursuant to this chapter.

     (d) A physical therapist assistant shall use the letters "PTA" immediately following his or

her name to designate licensure under this chapter.

     (e) A person shall not use the title "physical therapist assistant" or "graduate physical

therapist assistant" and the letters "PTA" or "GPTA", or any other words, abbreviations, or

insignia in connection with that person's name, to indicate or imply, directly or indirectly, that the

person is a physical therapist assistant unless that person is licensed as a physical therapist

assistant pursuant to this chapter.

     SECTION 20. 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.

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

assistant in this state must:

LC002597 - Page 40 of 90

     (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 that shall be

completed, 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) Is of good moral character, a A document, evidenced in the manner prescribed by

the department. , showing the applicant is of good moral character;

     (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;