2019 -- S 0069 SUBSTITUTE A

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LC000289/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- THE LICENSURE, INSPECTIONS AND INVESTIGATIONS OF

DEVELOPMENTAL DISABILITIES FACILITIES

     Introduced By: Senators DiPalma, Conley, Paolino, Miller, and Goldin

     Date Introduced: January 16, 2019

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 40.1-24-3 and 40.1-24-11 of the General Laws in Chapter 40.1-24

entitled "Persons With Mental Illness, Addiction/Substance Abuse Disorders and Developmental

Disabilities" are hereby amended to read as follows:

     40.1-24-3. License requirement.

     No person or governmental unit, acting severally or jointly with any other person or

governmental unit, shall establish, conduct, or maintain a facility or program as defined in this

chapter in this state without a license under this chapter. The department shall make or cause to

be made unannounced inspections and investigations of community residences, as defined in §

40.1-24-1.

     40.1-24-11. Inspections and investigations -- Alterations or new construction.

     The department shall make or cause to be made such unannounced inspections and

investigations that it deems necessary. Deemed status shall not prohibit the department from

conducting any inspection and/or investigation it deems necessary pursuant to § 40.1-24-3. The

department may prescribe by regulations that any licensee or applicant desiring to make a

specified type of alteration or addition to its facilities or to construct new facilities shall, before

commencing the alteration, addition, or new construction, submit plans and specifications thereto

to the department for preliminary inspection and approval or recommendations with respect to

compliance with the regulations and standards herein authorized. Necessary conference and

consultations may be provided.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- THE LICENSURE, INSPECTIONS AND INVESTIGATIONS OF

DEVELOPMENTAL DISABILITIES FACILITIES

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     This act would require the department of behavioral healthcare, developmental

disabilities and hospitals to make or cause to be made unannounced inspections and

investigations of community residences.

     This act would take effect upon passage.

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