It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 40.1-24 of the General Laws entitled "Licensing of Facilities and Programs for People who are Mentally Ill and/or Mentally Retarded" is hereby amended to read as follows:

CHAPTER 40.1-24
Licensing of Facilities and Programs for People who are Mentally Ill and/or Mentally Retarded

SECTION 2. Sections 40.1-24-1, 40.1-24-2, 40.1-24-17 and 40.1-24-21 of the General Laws in Chapter 40.1-24 entitled "Licensing of Facilities and Programs for People who are Mentally Ill and/or Mentally Retarded" are hereby amended to read as follows:

40.1-24-1. Definitions. -- As used in this chapter:

(1) "Adult foster home" means a private family living arrangement which, through financial support from the parent deinstitutionalization subsidy aid program, provides housing and supervision to two (2) or more adults who are mentally ill or mentally retarded who are persons with developmental disabilities or otherwise eligible under section 40.1-1-10.1. Foster homes serving fewer than two (2) adults, foster home situations wherein the foster parents are natural or adoptive parent(s) or grandparents, and any facility licensed by the department of children, youth, and families shall be excluded for the purposes of this chapter.

(2) "Community residence" means any home or other living arrangement which is established, offered, maintained, conducted, managed, or operated by any person for a period of at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision is provided for the purpose of providing rehabilitative treatment, habilitation, psychological support, and/or social guidance for three (3) or more persons who are mentally ill or mentally retarded who are persons with developmental disabilities. The facilities shall include but not be limited to group homes, halfway houses, and fully supervised apartment programs. Semi independent living programs, foster care, and parent deinstitutionalization subsidy aid programs shall not be considered community residences for the purposes of this chapter.

(3) "Day treatment program" means any nonresidential facility which is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide therapeutic intervention to persons who are mentally ill, or mentally retarded who are persons with developmental disabilities. These shall include but not be limited to outpatient programs for persons who are mentally ill or mentally retarded who are persons with developmental disabilities.

(4) "Department" means the department of mental health, retardation and hospitals.

(5) "Facility" means any community residence, day treatment program, rehabilitation program, public or private, excluding hospitals or units within hospitals for persons who are mentally ill or mentally retarded who are persons with developmental disabilities providing program services which do not constitute medical or custodial care, but do offer rehabilitation, habilitation, psychological support, and social guidance.

(6) "Habilitation program" means any nonresidential facility which is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide training in basic daily living skills and developmental activities, prevocational skills and/or vocational training and placement, and follow up for people who are mentally ill or mentally retarded who are persons with developmental disabilities. These shall include but not be limited to early intervention, adult development, work activities, sheltered workshops, advanced workshops, and job development and training programs. Sheltered workshops not exclusively for people who are mentally ill or mentally retarded who are persons with developmental disabilities shall be excluded for the purposes of this chapter.

(7) "Person" means any individual, governmental unit, corporation, company, association, or joint stock association and the legal successor thereof.

(8) "Program" means a planned service delivery system structured to provide specific components which are responsive to the needs of those served.

(9) "Rehabilitation program" means any facility which is established, offered, maintained, conducted, managed, or operated by any person to provide restorative therapy and/or training to persons who are mentally ill or mentally retarded who are persons with developmental disabilities . These shall include but not be limited to community mental health centers. Sheltered workshops not exclusively for people who are mentally ill or mentally retarded who are persons with developmental disabilities shall be excluded for the purposes of this chapter.

40.1-24-2. Purpose. -- The purpose of this chapter is to provide for the development, establishment, and enforcement of standards:

(1) For facilities and programs providing rehabilitation, psychological support, and social guidance to individuals who are mentally ill or mentally retarded who are persons with developmental disabilities;

(2) For the construction, maintenance, and operation of facilities which will promote safe and adequate accommodations for individuals who are mentally ill or mentally retarded who are persons with developmental disabilities; and

(3) For the establishment of a comprehensive licensing policy with respect to facilities and programs for people who are mentally ill or mentally retarded who are persons with developmental disabilities.

40.1-24-17. Power to enforce chapter. -- The director of the Rhode Island state department of mental health, retardation, and hospitals shall have power to enforce the provisions of this chapter in any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, community residences, day treatment programs, habilitation programs, rehabilitation programs, and adult foster homes intended to provide services to people who are mentally ill or mentally retarded who are persons with developmental disabilities.

40.1-24-21. Competency evaluation and training programs for residential instructors. -- Individuals employed as residential instructors in privately and publicly operated residential programs for persons who are mentally retarded or developmentally disabled licensed pursuant to the provisions of this chapter shall successfully pass a qualifying competency evaluation or complete a training program. Competency evaluation and training programs must be approved by the divisions of developmental disabilities of the department of mental health, retardation and hospitals and incorporated into the department's rules, regulations and standards for licensing facilities pursuant to chapter 24 of title 40.1. The residential instructor competency evaluation and curriculum shall be assembled by December 31, 1991. Those employees hired after December 31, 1991 shall complete the required residential instructor training within the first six (6) months of employment. The competency evaluations for staff employed as of, June 18, 1991, shall be completed by March 31, 1992.

SECTION 3. This act shall take effect upon passage.