Chapter 308 |
2019 -- H 6207 Enacted 07/19/2019 |
A N A C T |
RELATING TO STATUTES AND STATUTORY CONSTRUCTION |
Introduced By: Representatives Shekarchi, and Filippi |
Date Introduced: June 12, 2019 |
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) Suspend |
suspend, revoke, annul, or take other permitted action with respect to any certificate of |
registration; and/or (2) Suspend suspend, revoke, annul, or take other permitted action with |
respect to any certificate of authorization; and/or (3) Publicly publicly censure, reprimand, or |
censure in writing; and/or (4) Limit limit the scope of practice of; and/or (5) Impose impose an |
administrative fine upon (not to exceed one thousand dollars ($1,000) for each violation); and/or |
(6) Place place on probation; and/or (7) For for 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) The the board determines that the requirements for obtaining the certificate, |
license, or degree are substantially equivalent to those prescribed under this chapter for obtaining |
a certificate in this state; (2) The the certificate, license, or degree at the time of application is |
then in full force and effect; and (3) The the 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 |
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 |
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 |
accountants' 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 these services. ; |
(iii) At least one partner, shareholder, or member 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; 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 |
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. |
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 |
once 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 signing or authorize authorizing 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, |
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. |
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. |
(a) 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: |
(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. ; or |
(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 |
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 5-6-32. |
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 |
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 |
subsection (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 |
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 form 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 -- |
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 |
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, |
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 Schedule schedule 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. |
(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; |
(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. |
(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 |
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 |
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 |
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 |
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 |
($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, |
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 |
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; |
(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; |
(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 |
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, |
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 |
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 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. |
(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 |
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 and/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 organization 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 |
including those stipulated within this chapter and as defined in the federal trade commission |
"funeral rule" 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 specilists specialist, or certified registered nurse anesthetist, as defined |
in this chapter and chapter 5-34.2 of this 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 this 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 the (effective date of this act), as |
defined in this chapter chapters 5-35 or chapter 5-34.2 of this 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 |
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 sections this 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 |
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 |
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 subsections (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 subsections (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 |
(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 |
that 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 |
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 Examination examination. 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 Examination examination by Endorsement endorsement. 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 Practice practice. 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-Trained trained Applicants applicants. 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. |
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 who or business entity 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: |
(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 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; |
(5) A statement from the board of occupational therapy in each state in which the |
applicant has held or holds licensure, or is otherwise subject to state regulation, to be submitted to |
the board of this state attesting to the licensure status of the applicant during the time period the |
applicant held licensure in that state; and |
(6) The results of the written national examination of the National Board for Certification |
in Occupational Therapy (NBCOT). |
(c)(1) Applicants seeking licensure as occupational therapists or occupational therapy |
assistants are required to pass the national written examination of the National Board for |
Certification in Occupational Therapy (NBCOT) approved by the board to test the applicant's |
fitness to engage in the practice of occupational therapy pursuant to the provisions of this chapter. |
; and |
(2) The date, time, and place of examinations shall be available from the National Board |
for Certification in Occupational Therapy (NBCOT). |
(d) In case any applicant fails to satisfactorily pass an examination, the applicant shall be |
entitled to re-examination. |
(e) Occupational therapists and occupational therapy assistants who are licensed or |
regulated to practice under laws of another state or territory or the District of Columbia may, |
upon receiving a receipt from the division, perform as an occupational therapist or occupational |
therapy assistant under the supervision of a qualified and licensed occupational therapist or |
occupational therapy assistant. If this applicant fails to receive licensure when the board reviews |
the application, all previously mentioned privileges automatically cease. |
(f) Applicants from foreign occupational therapy schools must meet the requirements of |
the National Board for Certification in Occupational Therapy (NBCOT) and present evidence of |
passage of the National Certification Examination for Occupational Therapists or the National |
Certification Examination for Occupational Therapy Assistants of the NBCOT. Applicants must |
meet all of the appropriate requirements for licensure to the satisfaction of the board and in |
accordance with the statutory and regulatory provisions of this chapter. |
SECTION 21. Sections 5-44-13 and 5-44-23 of the General Laws in Chapter 5-44 |
entitled "Psychologists" are hereby amended to read as follows: |
5-44-13. Temporary license. |
(a) Pursuant to §§ 5-44-6 and 5-44-23(e) (f) of this chapter and rules and regulations |
promulgated hereunder, a temporary permit to practice psychology under supervision may be |
granted to a candidate for licensure who has paid the required fee as set forth in § 23-1-54 and has |
satisfied the following requirements: |
(1) Filed an application for licensure with all required supporting materials; |
(2) Has received a doctoral degree in accordance with § 5-44-10 § 5-44-9, and |
successfully completed one thousand five hundred (1,500) hours of supervision satisfactory to the |
board as specified in the rules and regulations; |
(3) Shall only practice under the appropriate supervision of a licensed psychologist as |
delineated in the rules and regulations promulgated hereunder; |
(4) Shall refrain from using the title "psychologist" or representing himself or herself as a |
psychologist other than by using the title "psychology student,", "psychology trainee," or |
"psychology intern,", or "psychology resident"; and |
(5) The temporary permit shall be valid for a period of two (2) years from the date of |
issuance. |
(b) Temporary permit holders may request from the board a one - year extension. Such an |
extension may be granted at the discretion of the board upon review of the applicant's |
circumstances. This extension shall only be granted once. |
5-44-23. Persons and practices exempt. |
(a) No provisions of this chapter shall be construed to prevent members of other |
recognized professions that who are licensed, certified, or regulated for independent practice of |
that profession under the laws of this state from rendering services consistent with their |
professional training and code of ethics; provided, that they do not represent themselves to be |
psychologists. Recognized members of the clergy shall not be restricted from functioning in their |
ministerial capacity; provided, that they do not represent themselves to be psychologists. |
(b) Nothing in this chapter shall be construed to prohibit teachers, guidance personnel, |
social workers, and school psychologists in public or private school, from full performance of |
their duties; nor to prohibit the use of psychological techniques by business or industrial |
organizations or companies for employment, placement, evaluation, promotion, or job adjustment |
of their own officers or employees. |
(c) Nothing in this section shall be construed as prohibiting the use of consultants who |
are defined as qualified mental retardation intellectual disability professionals under the Code |
of Federal Regulations (C.F.R.) 42 C.F.R. § 483.430, by facilities licensed as intermediate care |
facilities for people who are mentally retarded persons with intellectual disabilities by the |
department of behavioral healthcare, developmental disabilities and hospitals. |
(d) Nothing in this chapter shall be construed as permitting the licensed psychologist to |
practice medicine as defined by the laws of this state. |
(e) Nothing in this section shall be construed as permitting those persons identified in |
subsections (b) and (f) of this section to offer their services to any persons or organizations other |
than those listed in subsection (f) of this section as consultants or to accept remuneration for any |
psychological services other than that of their institutional salaries or fees unless they have been |
licensed under this chapter or exempted under subsection (a) of this section. |
(f) Nothing in this chapter limits the professional pursuits of any non-licensed |
psychologists, psychology students, psychology trainees, psychology residents, or persons |
rendering psychological services as an employee of a licensed hospital, accredited educational |
institution, authorized community mental health clinic or center, government or medical agency, |
while functioning under the title conferred upon him or her by the administration of any hospital, |
educational institution, or agency. |
(g) Those organizations listed in subsection (f) of this section include all facilities, |
agencies, or institutions regulated and/or licensed by the department of health, the department of |
elementary and secondary education, the department of children, youth and families, and the |
department of behavioral healthcare, developmental disabilities and hospitals. |
(h) A psychologist licensed or certified in another state, or United States territory may |
perform psychological services in the state of Rhode Island without obtaining a license for up to |
ten (10) calendar days per calendar year with no more than five (5) days of this activity occurring |
consecutively. The calendar day limit shall not apply to service as an expert witness in a legal |
proceeding. |
SECTION 22. Section 5-45-1 of the General Laws in Chapter 5-45 entitled "Nursing |
Home Administrators" is hereby amended to read as follows: |
5-45-1. Board of examiners -- Creation -- Composition -- Appointment, terms, oath, |
and removal of members -- Meetings. |
(a) Within the department of health, there shall be a board of examiners for nursing home |
administrators. The board shall be appointed by the director of the department of health, with the |
approval of the governor, and shall consist of seven (7) persons who shall be certified electors of |
this state. |
(1) Three (3) members of the board shall be persons licensed as nursing home |
administrators pursuant to the provisions of this chapter. |
(2) Two (2) members of the board shall be representatives from senior citizen groups. |
(3) On June 1, 1979, two (2) additional qualified members are appointed. One shall be a |
nurse who is licensed in the state, is a graduate of an accredited school of nursing, and has been |
actively engaged in nursing service for at least two (2) years immediately preceding appointment |
or reappointment. The other member shall be a physician licensed to practice medicine in this |
state, who has been actively engaged in the practice of medicine for at least two (2) years |
immediately preceding appointment or reappointment. The physician and nurse members of the |
board shall be representative of those persons of the profession concerned with the care and |
treatment of chronically ill or infirm elderly patients. |
(4) A majority of the board members may not be representative of a single profession or |
category of institution, and members who are not representative of institutions may not have a |
direct financial interest in any nursing home. Licensed nursing home administrators shall be |
considered representatives of institutions for the purpose of this section. |
(b) Members shall be appointed to a term of three (3) years. No member shall serve more |
than two (2) terms. The director of the department of health shall, with the approval of the |
governor, appoint to vacancies, as they occur, a qualified person to serve on the board for the |
remainder of the term and until his or her successor is appointed and qualified. |
(c) The director of the department of health may remove, after a hearing and with the |
approval of the governor, any member of the board for neglect of any duty required by law or for |
any incompetency, or unprofessional or dishonorable conduct. Vacancies shall be filled in the |
same manner as the original appointment was made for the remainder of the term. Before |
beginning his or her term of office, each member shall take the oath prescribed by law for state |
officers, a record of which shall be filed with the secretary of state. |
(d) The director shall appoint a chairperson. No member shall serve as chairperson for |
more than three (3) years. |
(e) Four (4) members of the board shall constitute a quorum. |
(f) The members of the board shall serve without compensation. |
(g) Meetings shall be called by the director of the department of health, or his or her |
authorized designee, or by a majority of the members of the board. |
(h) The administrator of professional regulation of the department of health, as provided |
by chapter 26 of this title, shall serve as administrative agent of the board. |
SECTION 23. Section 5-48-6 of the General Laws in Chapter 5-48 entitled "Speech |
Pathology and Audiology" is hereby amended to read as follows: |
5-48-6. Licensure and regulation of speech language pathologists and audiologists. |
(a) Licensure shall be granted in either speech language pathology or audiology |
independently. A person may be licensed in both areas if he or she meets the respective |
qualifications. |
(b) No person shall practice as, advertise as, or use the title of speech pathologist or |
audiologist as defined in § 5-48-1 in this state unless he or she is licensed in accordance with the |
provisions of the laws of the state. |
(c) Registered speech language pathologists and/or audiologists may render services |
under the terms and provisions of the workers' compensation and rehabilitation laws. |
(d) A provisional license for the clinical fellow (defined in § 5-48-1(b)(5) 5-48-1(b)(4)) |
shall be required in speech language pathology for that period of postgraduate professional |
experience as required in § 5-48-7 5-48-7.1. A provisional license shall authorize an individual to |
practice speech-language pathology solely in connection with the completion of the supervised |
postgraduate professional experience. |
SECTION 24. Sections 5-57-14 and 5-57-15 of the General Laws in Chapter 5-57 |
entitled "Burglar and Hold-Up Alarm Businesses" are hereby amended to read as follows: |
5-57-14. Alarm business license required -- Licensing of electricians. |
(a) It is unlawful and punishable as provided in § 5-57-41 for any person to engage in the |
alarm business within this state without having first obtained an alarm business license from the |
state licensing authority, subject to subsection (c) of this section; provided, that nothing contained |
in this chapter shall be construed to prohibit an electrician licensed pursuant to chapter 6 of this |
title from installing a burglar or hold-up alarm system; and provided, that no electrician licensed |
pursuant to this section shall install any burglar or hold-up alarm system in any bank or other |
financial institution or in any residential housing with four (4) units or less. |
(b) Authority for the licensing of any electrician shall be vested with the department of |
labor and training which shall: |
(1) After receipt of an application for a license, shall conduct an investigation to |
determine whether the facts presented in the application are true and shall receive from the |
department of the attorney general all records of criminal information which it has or shall |
receive indicating any criminal activity on the part of the individual signing the application. |
(2) Deny any application of a person who has been convicted in any jurisdiction of the |
United States of a felony or a misdemeanor if the licensing authority finds that the conviction |
reflects unfavorably on the fitness of the applicant to engage in the alarm business. |
(c) Every person desiring to be engaged in the alarm business within this state shall apply |
to the licensing authority for a license to operate an alarm business. Any person engaged in the |
alarm business on July 1, 1979, and filing a timely application may continue to engage in the |
alarm business pending a final determination of the application. Any person not having previous |
experience in the alarm business and filing as a new applicant who will be the owner or principal |
officer of the business or branch office in this state shall not engage in the alarm business until |
approval by the licensing authority of his or her alarm business license and I.D. card applications |
for himself or herself and his or her employees. |
5-57-15. Contents of applications for licenses. |
(a) Applications for licenses required by the provisions of this chapter shall be filed with |
the licensing authority on a form provided by the licensing authority. If the applicant is an |
individual, the application shall be subscribed and sworn to by the individual. If the applicant is a |
firm or partnership, the application shall be subscribed and sworn to by an owner in the case of a |
firm, and by at least one general partner in the case of a partnership. If the applicant is an |
individual and does not reside, operate any business, or is not employed within the state or if in |
the event the applicant is a firm or partnership and no owner or general partner resides, operates a |
business, or is employed within the state, then the application must also be subscribed and sworn |
to by an individual having the authority and the responsibility for the management and operations |
of the alarm business within the state. If the applicant is a corporation, the application shall be |
subscribed and sworn to by at least one principal officer of the corporation. If the applicant is a |
corporation and none of its principal officers is responsible for the management and operations of |
the alarm business within the state, the application shall be subscribed and sworn to by an |
individual having the authority and responsibility for the management and operations of the alarm |
business within the state. |
(b) If the applicant is a corporation, the application shall specify the date and place of its |
incorporation,; the location of the applicant's principal place of business, ; a list of the principal |
officers of the corporation,; owners of twenty-five percent (25%) or more of outstanding stock of |
all classes of the corporation,; and the business address, residence address, and the office or |
position held by each officer in the corporation. |
(c) The application shall include the following information for each individual required to |
subscribe and swear to it: |
(1) The individual's full name and address (business and residence); |
(2) The individual's business telephone number; |
(3) The individual's date and place of birth; |
(4) The individual's social security number; |
(5) The name and address of the individual's present place or places of employment or |
self-employment and the length of time engaged there; |
(6) A list of all felony and misdemeanor convictions of the individual in any jurisdiction; |
(7) Two classifiable sets of fingerprints of the individual having the authority and the |
responsibility for the management and operation of the alarm business within the state, recorded |
in any manner that may be specified by the licensing authority; and |
(8) Whether the individual has ever been denied in any jurisdiction a license or permit to |
engage in the alarm business or has had the license or permit revoked. |
(d) The application shall include the following information concerning the applicant: |
(1) The name, address, and telephone number of the alarm business and the locations |
where it intends to operate within the state; |
(2) A statement as to the length of time that the applicant has been engaged in the alarm |
business and where engaged; and the date when the alarm business or businesses commenced |
operation in the state or when the alarm business intends to commence that operation; |
(3) A statement as to whether, to the best knowledge and information of the individual |
signing the application, and any of the owners, partners, or principal corporate officers of the |
applicant, including those not residing within the state, have been convicted in any jurisdiction of |
a felony or misdemeanor. If there have been any convictions, then the application must state the |
names of the individuals convicted and the dates and places of the convictions. |
(e) The licensing authority may require that the application include any other information |
which the licensing authority may reasonably deem necessary to determine whether the applicant |
or individual signing the application meets the requirements of this chapter or to establish the |
truth of the facts presented in the application. |
(f) Any individual signing a license application must be at least eighteen (18) years of |
age. |
SECTION 25. Sections 5-62-2 and 5-62-7 of the General Laws in Chapter 5-62 entitled |
"Works of Art - Artists' Rights" are hereby amended to read as follows: |
5-62-2. Definitions. |
Whenever used in this chapter except where the context clearly requires, the terms listed |
below have the following meanings: |
(1) "Artist" means the creator of a work of fine art or, in the case of multiples, the person |
who conceived or created the image, which is contained in or which constitutes the master from |
which the individual print was made; |
(2) "Art merchant" means a person who is in the business of dealing, exclusively or non- |
exclusively, in works of fine art or multiples, or a person who by his or her occupation holds |
himself or herself out as having knowledge or skill peculiar to those works, or to whom that |
knowledge or skill may be attributed by his or her employment of an agent or other intermediary |
who by his or her occupation holds himself or herself out as having that knowledge or skill. The |
term "art merchant" includes an auctioneer who sells art works at public auction, and except in |
the case of multiples, includes persons, not otherwise defined or treated as art merchants in this |
section, who are consignors or principals of auctioneers; |
(3) "Author" or "authorship" refers to the creator of a work of fine art or multiple or to |
the period, culture, source, or origin, as the case may be, with which the creation of that work is |
identified in the description of the work; |
(4) "Certificate of authenticity" means a written statement by an art merchant confirming, |
approving, or attesting to the authorship of a work of fine art or multiple, which is capable of |
being used to the advantage or disadvantage of some person; |
(5) "Conservation" means acts taken to correct deterioration and alteration and acts taken |
to prevent, stop, or retard deterioration; |
(6) "Counterfeit" means a work of fine art or multiple made, altered, or copied, with or |
without intent to deceive, in any manner that it appears or is claimed to have an authorship which |
that it does not in fact possess; |
(7) "Craft" means a functional or non-functional nonfunctional work individually |
designed, and crafted by hand, in any medium, including, but not limited to:, textile, tile, paper, |
clay, glass, fiber, wood, metal, or plastic; provided, that if produced in multiples, craft does not |
include works mass produced or produced in other than a limited edition; |
(8) "Creditors" means "creditor" as defined in the Uniform Commercial Code, § 6A-1- |
201(12) 6A-1-201(13); |
(9) "Limited edition" means works of art produced from a master, all of which are the |
same image and bear numbers or other markings to denote the limited production of the work to a |
stated maximum number of multiples, or are otherwise held out as limited to a maximum number |
of multiples; |
(10) "Master", when used alone, is used in lieu of and means the same as such things as |
printing plate, stone, block, screen, photographic negative, or other like material which that |
contains an image used to produce visual art objects in multiples, or in the case of sculptures, a |
mold, model, cast, form, or other prototype, other than from glass, from which additional |
multiples of sculpture are produced, fabricated, or carved; |
(11) "On consignment" means that no title to, estate in, or right to possession of, the work |
of fine art or multiple that is superior to that of the cosigner vests in the cosignee, notwithstanding |
the cosignee's power or authority to transfer or convey all the right, title, and interest of the |
cosignor, in and to such work, to a third person; |
(12) "Person" means an individual, partnership, corporation, association, or other group, |
however organized; |
(13) "Print", in addition to meaning a multiple produced by, but not limited to, such |
processes as engraving, etching, woodcutting, lithography, and serigraphy, also means multiples |
produced or developed from photographic negatives, or any combination of these processes; |
(14) "Proofs" means multiples which that are the same as, and which that are produced |
from the same masters as, the multiples in a limited edition, but which, whether so designated or |
not, are set aside from and are in addition to the limited edition to which they relate; |
(15) "Reproduction" means a copy, in any medium, of a work of fine art, that is displayed |
or published under circumstances that, reasonably construed, evinces an intent that it be taken as |
a representation of a work of fine art as created by the artist; |
(16) "Reproduction right" means a right to reproduce, prepare derivative works of, |
distribute copies of, publicly perform, or publicly display a work of fine art; |
(17) "Sculpture" means a three-dimensional fine art object produced, fabricated, or |
carved in multiple from a mold, model, cast, form, or other prototype, other than from glass, sold, |
offered for sale, or consigned in, into, or from this state for an amount in excess of fifteen |
hundred dollars ($1,500); |
(18) "Signed" means autographed by the artist's own hand, and not by mechanical means |
of reproduction, after the multiple was produced, whether or not the master was signed or |
unsigned; |
(19) "Visual art multiples" or "multiples" means prints, photographs, positive or negative, |
sculpture, and similar art objects produced in more than one copy and sold, offered for sale, or |
consigned in, into, or from this state for an amount in excess of one hundred dollars ($100) |
exclusive of any frame or in the case of sculpture, an amount in excess of fifteen hundred dollars |
($1,500). Pages or sheets taken from books and magazines and offered for sale or sold as visual |
art objects shall be included, but books and magazines are excluded; |
(20) "Work of fine art" means any original work of visual or graphic art of any medium |
which includes, but is not limited to, the following: painting; drawing; print; photographic print, |
or sculpture of a limited edition of no more than three hundred (300) copies; provided, that "work |
of fine art" does not include sequential imagery such as that in motion pictures; |
(21) "Written instrument" means a written or printed agreement, bill of sale, invoice, |
certificate of authenticity, catalogue, or any other written or printed note or memorandum or label |
describing the work of fine art or multiple which that is to be sold, exchanged, or cosigned by an |
art merchant. |
5-62-7. Artists -- Art merchant relationships. |
(a) Notwithstanding any custom, practice, or usage of the trade, any provision of the |
Uniform Commercial Code, or any other law, statute, requirement, or rule, or any agreement, |
note, memorandum, or writing to the contrary: |
(1) Whenever an artist or craftperson, his or her heirs, or personal representatives, |
delivers or causes to be delivered a work of fine art, craft, or a print of his or her own creation to |
an art merchant for the purpose of exhibition and/or sale on a commission, fee, or other basis of |
compensation, the delivery to an and acceptance of the work or print by the art merchant |
establishes a cosignor/cosignee relationship as between the artist or craftsperson and the art |
merchant with respect to the work, and: |
(i) The cosignee shall thereafter be deemed to be the agent of the cosignor with respect to |
the work; |
(ii) The work is trust property in the hands of the cosignee for the benefit of the cosignor; |
(iii) Any proceeds from the sale of the work are trust funds in the hands of the cosignee |
for the benefit of the cosignor; |
(iv) The work shall remain trust property notwithstanding its purchase by the cosignee for |
his or her own account until the price is paid in full to the cosignor; provided that, if the work is |
resold to a bona fide third party before the cosignor has been paid in full, the resale proceeds are |
trust funds in the hands of the cosignee for the benefit of the cosignor to the extent necessary to |
pay any balance still due to the cosignor and the trusteeship shall continue until the fiduciary |
obligation of the cosignee with respect to the transaction is discharged in full; and |
(v) No trust property or trust funds shall be subject or subordinate to any claims, liens, or |
security interest of any kind or nature whatsoever. |
(2) Waiver of any provision of this section is absolutely void except that a cosignor may |
lawfully waive the provisions of paragraph (1)(iii) of this subsection, if the waiver is clear, |
conspicuous, in writing, and subscribed by the cosignor, provided: |
(i) No waiver shall be valid with respect to the first two thousand five hundred dollars |
($2,500) of gross proceeds of sales received in any twelve- (12) month (12) period commencing |
with the date of the execution of the waiver; |
(ii) No waiver shall be valid with respect to the proceeds of a work initially received on |
consignment but subsequently purchased by the cosignee directly or indirectly for his or her own |
account; and |
(iii) No waiver shall inure to the benefit of the cosignee's creditors in any manner which |
that might be inconsistent with the cosignor's rights under this section. |
(3) Proceeds from the sale of cosigned works covered by this section shall be deemed to |
be revenue from the sale of tangible goods, and not revenue from the provision of services to the |
cosignor or others, except that the provisions of this paragraph do not apply to proceeds from the |
sale of cosigned works sold at public auction. |
(b) Nothing in this section shall be construed to have any effect upon any written or oral |
contract or arrangement in existence prior to September 1, 2000, or to any extensions or renewals |
of a contract, except by mutual written consent of the parties of to the contract. |
SECTION 26. Sections 5-63.2-9 and 5-63.2-22 of the General Laws in Chapter 5-63.2 |
entitled "Mental Health Counselors and Marriage and Family Therapists" are hereby amended to |
read as follows: |
5-63.2-9. Qualifications of licensed clinical mental health counselors. |
(a) An applicant for licensure shall submit to the board written evidence on forms |
furnished by the division of professional regulation that the applicant: |
(1) Is of good character; and |
(2) Has received a graduate degree specializing in counseling/therapy from a college or |
university accredited by the New England Association of Schools and Colleges, or an equivalent |
regional accrediting agency, and which has the approval by a cognizable national or regional |
certifying authority; and |
(3) Has completed sixty (60) semester hours or ninety (90) quarter hours within their his |
or her graduate counseling/therapy program; and |
(4) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter |
hours of supervised practicum and a minimum of one calendar year of supervised internship |
consisting of twenty (20) hours per week, or its equivalent, with emphasis in mental health |
counseling supervised by the department within the college or university granting the requisite |
degree or by an accredited postgraduate clinical training program recognized by the United States |
Department of Education, or education and/or experience that is deemed equivalent by the board; |
and |
(5) Has completed a minimum of two (2) years of relevant postgraduate experience, |
including at least two thousand (2,000) hours of direct client contact offering clinical or |
counseling or therapy services with emphasis in mental health counseling subsequent to being |
awarded a master's degree, certificate of advanced graduate study, or doctorate; and |
(6) Has a A minimum of one hundred (100) hours of post-degree supervised case work |
spread over a two-year (2) period; provided, that the supervision was provided by a person who, |
at the time of rendering the supervision, was recognized by the board as an approved supervisor; |
and |
(7) Has passed, to the satisfaction of the board, an examination conducted by it to |
determine the applicant's qualification for licensure as a clinical mental health counselor or is |
applying for licensure under the provisions of § 5-63.2-15. |
(b) A candidate shall be held to have qualified for licensure as a clinical mental health |
counselor upon the affirmative vote of at least four (4) members of the board, two (2) of whom |
must be mental health counselors on the board. |
5-63.2-22. Procedure for discipline. |
When a sworn complaint is filed with the board charging a person with having been |
guilty of any of the actions specified in § 5--63.2-20 5-63.2-21, the division of professional |
regulation shall immediately investigates investigate the charges, or, the board, after |
investigation, may institute charges. In the event the investigation reveals reasonable grounds for |
believing that the applicant or person licensed under this chapter is guilty of the charges, the |
board shall fix a time and place for a hearing, and shall cause a copy of the charges, together with |
a notice of the time and the place fixed for a hearing, to be personally served upon the accused at |
least twenty (20) days prior to the time fixed for the hearing. When personal service cannot be |
effected and the fact is certified by oath by any person authorized to make service, the board shall |
cause to be published once in each of two (2) successive weeks, a notice of the hearing in a |
newspaper published in the county where the accused last resided according to the records of the |
board and shall mail a copy of the charges and the notice to the accused at his or her last known |
address. When publication of notice is necessary, the date of the hearing shall not be less than |
twenty (20) days after the last date of publication of the notice. At the hearing, the accused has |
the right to appear personally or by counsel, or both;, to produce witnesses and evidence on his or |
her behalf;, to cross-examine witnesses; and to have subpoenas issued by the administrator of |
professional regulation. The attendance of witnesses and the production of books, documents, and |
papers at the hearing may be compelled by subpoenas issued by the administrator, which is shall |
be served in accordance with law. At the hearing, the administrator shall administer oaths that are |
necessary for the proper conduct of the hearing. The board shall not be bound by the strict rules |
of procedure or by the laws of evidence in the conduct of its proceedings, but the determination |
shall be based upon sufficient legal evidence to sustain it. If the accused is found guilty of the |
charges, the board may refuse to issue a registration to the applicant or may revoke or suspend his |
or her license or discipline the person. Upon the revocation or suspension of any license, the |
holder shall surrender the license to the administrator of professional regulation who shall strike |
the name of the holder from the register of licensed clinical mental health counselors and/or |
licensed marriage and family therapists. A revocation or suspension of a license may be reviewed |
at the discretion of the board or at the initiative of the administrator of professional regulation |
who may order a rehearing of the issue if he or she finds cause. |
SECTION 27. Section 5-69-13 of the General Laws in Chapter 5-69 entitled "License |
Procedure for Chemical Dependency Professionals" is hereby amended to read as follows: |
5-69-13. Disciplinary sanctions. |
(a) The licensing board may recommend that the director impose any of the following |
sanctions, singly or in combination, when it finds that a licensee is guilty of any offenses |
described in this section: |
(1) Revocation of the license; |
(2) Suspension of the license for any period of time; |
(3) Censure of the licensee; |
(4) Issue Issuance of a letter or of reprimand; |
(5) Place Placement of a licensee on probationary status and require requirement that |
the licensee to submit to any of the following: |
(i) Report regularly Regular reporting to the licensing board upon matters that are the |
basis of probation; |
(ii) Continue to renew Continual renewal of professional education until a satisfactory |
degree of skill has been attached attained in those areas that are the basis of probation; |
(iii) Attend Attendance at employee assistance counseling services. |
(6) Refuse Refusal to renew a license; |
(7) Revoke Revocation of probation which that was granted and impose and imposition |
of any other discipline provided in this section when the requirements of probation are not |
fulfilled or have been violated. |
(b) The director may reinstate any licensee to good standing under this chapter, if, after a |
hearing, the department of health is satisfied that the applicant's renewed practice is in the public |
interest. |
(c) Upon the suspension or revocation of a license issued under this chapter, a licensee |
shall be required to surrender the license to the director and upon failure to do so, the director |
shall have the right to seize the license. |
(d) The director may make available annually a list of the names and addresses of all |
licensees under the provisions of this chapter, and of all persons who have been disciplined within |
the preceding twelve (12) months. |
(e) Any persons convicted of violating the provisions of this chapter shall be guilty of a |
misdemeanor, punishable by a fine of not more than five hundred dollars ($500), imprisonment |
for not more than one year, or both. |
SECTION 28. Sections 5-70-15 and 5-70-18 of the General Laws in Chapter 5-70 |
entitled "Telecommunications" are hereby amended to read as follows: |
5-70-15. Certificate -- Identification cards. |
(a) Upon payment of the fees required by this chapter, an individual who has complied |
with the requirements of this chapter is entitled to a certificate and identification card indicating |
that he or she is qualified for licensure under the provisions of this chapter. |
(b) Each certificate shall contain the name of the individual to whom it was issued and his |
or her date of birth and the category or categories to under which he or she is licensed. |
(c) Each individual identification card shall contain the name of the individual to whom it |
was issued, his or her date of birth, the class of license, the category or categories to which he or |
she is licensed, and a head and shoulders picture (passport type) taken within three (3) months |
prior to the date of issuance of the license. |
(d) A duplicate certificate and/or identification card to replace one which that has been |
lost, destroyed, or mutilated may be issued by the board upon payment of the fee required by this |
chapter. |
5-70-18. Enforcement. |
(a) The director of labor and training may refuse to issue a certificate, or may revoke or |
annul a certificate, or may suspend a certificate for a period not to exceed one year for any of the |
following acts: |
(1) Bribery, fraud, or misrepresentation in obtaining a license; |
(2) Performing or engaging in the installation, alteration, service, or testing of |
telecommunications systems in another state or country in violation of the laws of that state or |
country; |
(3) Performing or engaging in the installation, alteration, service, or testing of |
telecommunications systems in this state in violation of the provisions of this chapter or standards |
of professional conduct established and published by the director of labor and training; |
(4) Fraud, deceit, recklessness, gross negligence, or incompetence in the installation, |
alteration, service, or testing of a telecommunications system; or |
(5) Use of a license serial number in a manner other than that authorized by this chapter. |
(b) The division of professional regulation is authorized to provide assistance to the |
director of labor and training in the normal day-to-day enforcement and administration of this |
chapter. This assistance shall be in accordance with sections entitled "Administration |
administration" and "Enforcement enforcement" of the bylaws of the board. All administrative |
guidance to the department shall be consistent with the Administrative Procedures Act |
administrative procedures act, chapter 35 of title 42, of the state. The board shall be |
responsible for the expenses incurred in the administration and enforcement of this chapter and |
shall authorize payment from the fund to the department of labor and training for these expenses. |
(c) Any person may prefer charges against an applicant or licensee under subsection (a) |
of this section by submitting a written statement of charges, sworn to by the complainant with the |
director of labor and training. The director of labor and training, or his or her designee, shall hear |
and determine all charges within three (3) months after the date on which the statement of charges |
was received by the division of professional regulation. The time and place of the hearing shall be |
fixed by the director of labor and training. The applicant or licensee charged shall be entitled to |
be represented by counsel. A hearing shall be conducted in accordance with the provisions for |
hearings of contested cases in the Administrative Procedure Act administrative procedure |
act, chapter 35 of title 42. The director of labor and training, or his or her designee, may |
administer oaths and conduct examinations. If, after the hearing, a majority of the members of the |
board with the approval of the director of labor and training, find the accused applicant or |
licensee guilty of a charge or the charges, or any of them, it may refuse to issue a license to the |
accused applicant, or it may revoke or suspend the license of the accused licensee. |
(d) The director of labor and training may, in his or her discretion, issue a license to any |
applicant denied licensing under subsection (b) of this section upon presentation of suitable |
evidence of reform. The director of labor and training may, in his or her discretion, reissue a |
license revoked or suspended under subsection (b) of this section upon presentation of suitable |
evidence of reform. There shall be a right to appeal of the reconsideration, should either party |
choose, through the courts. |
(e) Legal counsel of the department of labor and training shall act as legal advisor to the |
director of labor and training and shall render the legal assistance that is necessary in carrying out |
the provisions of this chapter. The board may employ counsel and other necessary assistance to |
be appointed by the governor to aid in the enforcement of this chapter, and the compensation and |
expenses shall be paid from the fund of the department of labor and training. |
SECTION 29. Section 5-74.1-7 of the General Laws in Chapter 5-74.1 entitled "Uniform |
Athlete Agents Act" is hereby amended to read as follows: |
5-74.1-7. Suspension, revocation, or refusal to renew registration. |
(a) The secretary of state may suspend, revoke, or refuse to renew a registration for |
conduct that would have justified denial of registration under subsection 5-74.1-5(b) § 5-74.1- |
6(b). |
(b) The secretary of state may deny, suspend, revoke, or refuse to renew a certificate of |
registration or licensure only after proper notice and an opportunity for a hearing. |
SECTION 30. Section 5-78-1 of the General Laws in Chapter 5-78 entitled "Dating |
Services" is hereby amended to read as follows: |
5-78-1. Definitions. |
As used in this chapter: |
(a) "Buyer" means any person entering into a social referral services contract with a |
seller;. |
(b) "Person" means a natural person, partnership, corporation, association, or any other |
legal entity;. |
(c) "Seller" means any person offering social referral services;. and |
(d) "Social referral services" means dating, matrimonial, or personal referral services by |
any of the following means: |
(1) An exchange of names, telephone numbers, addresses, and statistics; |
(2) A photograph or video selection process; |
(3) Personal introductions provided by the seller of at the seller's place of business; or |
(4) A social environment provided by the seller intended primarily as an alternative to |
singles' bars or club type environments. |
SECTION 31. Section 5-86-9 of the General Laws in Chapter 5-86 entitled "Licensing of |
Applied Behavior Analysts" is hereby amended to read as follows: |
5-86-9. Qualifications and examinations for licensing. |
(a) An applicant for licensure as a licensed applied behavior analyst shall submit to the |
board written evidence on forms furnished by the department that the applicant: |
(1) Is of good moral character; |
(2) Has obtained a graduate degree in applied behavior analysis or a related field, as |
approved by the board, from a college or university accredited by the New England association |
of schools and colleges Association of Schools and Colleges, or an equivalent regional |
accrediting agency, and that has the approval by a national or regional certifying authority, |
including, but not limited to, the applied behavior analyst licensing board; |
(3) Has successfully completed the amount of coursework in applied behavior analysis |
acceptable to the board; |
(4) Has appropriate supervised experience to include either: (i) One year, including one |
thousand five hundred (1,500) hours of supervised independent fieldwork in applied behavior |
analysis. The distribution of supervised independent fieldwork hours must be at least ten (10) |
hours per week, but not more than thirty (30) hours per week, for a minimum of three (3) weeks |
per month; (ii) One thousand (1,000) hours of practicum in behavior analysis within a university |
experience program approved by the national or regional certifying authority. The distribution of |
practicum hours must be at least ten (10) hours per week, but not more than twenty-five (25) |
hours per week, for a minimum of three (3) weeks per month; or (iii) Seven hundred fifty (750) |
hours of intensive practicum in behavior analysis within a university experience program |
approved by the national or regional certifying authority. The distribution of intensive practicum |
hours must be at least ten (10) hours per week, but not more than twenty-five (25) hours per |
week, for a minimum of three (3) weeks per month; |
(5) Has passed the relevant examination administered by an appropriate nationally |
recognized accrediting organization as approved by the department of health for this function; |
(6) Maintain Has maintained active status and fulfill fulfilled all relevant requirements |
for renewal and relicensing with the nationally recognized and accredited organization(s) as |
approved by the department of health licensing; |
(7) Conducts his or her professional activities in accordance with accepted standards for |
responsible professional conduct, as approved by the Rhode Island applied behavior analyst |
licensing board; and |
(8) Meets the criteria as established in § 5-86-12. |
(b) An applicant for licensure as a licensed applied behavior assistant analyst shall submit |
to the board written evidence on forms furnished by the department that the applicant: |
(1) Is of good moral character; |
(2) Has obtained a bachelor's degree in behavior analysis or a related field, as approved |
by the board, from a college or university accredited by the New England Association of Schools |
and Colleges, or an equivalent regional accrediting agency, and that has the approval by a |
national or regional certifying authority, including, but not limited to, the applied behavior analyst |
licensing board; |
(3) Has successfully completed the amount of coursework in applied behavior analysis |
acceptable to the board; |
(4) Has appropriate supervised experience to include either: (i) One thousand (1,000) |
hours of supervised independent fieldwork in applied behavior analysis. The distribution of |
supervised independent fieldwork hours must be at least ten (10) hours per week, but not more |
than thirty (30) hours per week, for a minimum of (3) three weeks per month; (ii) Six hundred |
seventy (670) hours of practicum in behavior analysis within a university experience program |
approved by the national or regional certifying board. The distribution of practicum hours must |
be at least ten (10) hours per week, but not more than twenty-five (25) hours per week, for a |
minimum of three (3) weeks per month; or (iii) Five hundred (500) hours of intensive practicum |
in behavior analysis within a university experience program approved by the national or regional |
certifying board. The distribution of intensive practicum hours must be at least ten (10) hours per |
week, but not more than twenty-five (25) hours per week, for a minimum of three (3) weeks per |
month.; |
(5) Is supervised by a licensed applied behavior analyst in a manner consistent with the |
board's requirements for supervision of licensed applied behavior assistant analysts; |
(6) Has passed the examination administered by an appropriate nationally recognized |
accrediting organization as approved by department of health licensing for this function; |
(7) Maintain Has maintained active status and fulfill fulfilled all relevant requirements |
for renewal and relicensing with the nationally recognized and accredited organization(s) as |
approved by the department of health licensing; |
(8) Conduct Conducts his or her professional activities in accordance with accepted |
standards for responsible professional conduct, as required by the Rhode Island applied behavior |
analyst licensure board; and |
(9) Meet Meets the criteria as established in § 5-86-11. |
(c) An applicant shall be judged to hold the equivalent requirement of a licensure as an |
applied behavior analyst upon submission to the board, written evidence on forms furnished by |
the department if the following equivalency requirements are met to the satisfaction of the |
licensing board: |
(1) Has received a doctoral degree in psychology from a college or university accredited |
by the New England association of schools and colleges Association of Schools and Colleges, |
or an equivalent regional accrediting agency, and that has the approval by a national or regional |
certifying authority; |
(2) Is individually licensed by the department of health as a psychologist subject to |
chapter 44 of this title; |
(3) Is of good moral character; |
(4) Has completed coursework in applied behavior analysis supervised by the department |
within the college or university granting the requisite degree or by an accredited postgraduate |
clinical training program recognized by the United States department of education Department |
of Education, or education and/or experience which is deemed equivalent by the board; |
(5) Has completed one thousand five hundred (1,500) hours of direct client contact |
offering applied behavior analysis services subsequent to being awarded a doctoral degree in |
psychology; |
(6) Conducts his or her professional activities in accordance with accepted standards for |
responsible professional conduct, as required by the Rhode Island applied behavior analyst |
licensure board; and |
(7) Meets the criteria as established in § 5-86-12. |
ARTICLE II -- STATUTORY CONSTRUCTION |
SECTION 1. Section 2-6-7 of the General Laws in Chapter 2-6 entitled "Rhode Island |
Seed Act" is hereby amended to read as follows: |
2-6-7. Duties and authority of the director of the department of environmental |
management. |
(a) The duty of enforcing this chapter and carrying out its provisions and requirements is |
vested in the director of the department of environmental management. It is the duty of that |
officer, who may act through his or her authorized agents: |
(1) To sample, inspect, make analysis of, and test agricultural and vegetable seeds |
transported, sold, or offered or exposed for sale within the state for sowing purposes, at any time |
and place and to any extent as he or she may deem necessary to determine whether those |
agricultural or vegetable seeds are in compliance with the provisions of this chapter; and to notify |
promptly the person who transported, sold, offered, or exposed the seed for sale, of any violation; |
(2) To prescribe and, after a public hearing following public notice, to adopt rules and |
regulations governing the method of sampling, inspecting, analyzing, testing, and examining |
agricultural and vegetable seed and the tolerances to be followed in the administration of this |
chapter, which shall be in general accord with officially prescribed practice in interstate |
commerce and any other rules and regulations that may be necessary to secure efficient |
enforcement of this chapter; |
(3) To prescribe and, after a public hearing following public notice, establish, add to, or |
subtract from by regulations a prohibited and restricted noxious weed list; and |
(4) To prescribe and, after a public hearing following public notice, to adopt rules and |
regulations establishing reasonable standards of germination for vegetable seeds. |
(b) For the purpose of carrying out the provisions of this chapter, the director, |
individually or through his or her authorized agents, is authorized: |
(1) To enter upon any public or private premises during regular business hours in order to |
have access to seeds and the records connected with the premises subject to this chapter and rules |
and regulations under this chapter, and any truck or other conveyor by land, water, or air at any |
time when the conveyor is accessible, for the same purpose; |
(2) To issue and enforce a written or printed "stop sale" order to the owner or custodian |
of any lot of agricultural or vegetable seed that the director finds is in violation of any of the |
provisions of this chapter or rules and regulations promulgated under this chapter. That order |
shall prohibit further sale, processing, and movement of the seed, except on approval of the |
director, until the director has evidence that the law has been complied with and the director has |
issued a release from the "stop sale" order of the seed; provided, that in respect to seed that has |
been denied sale, processing, and movement as provided in this paragraph, the owner or |
custodian of the seed has the right to appeal from the order to a court of competent jurisdiction in |
the locality in which the seeds are found, praying for a judgment as to the justification of the |
order and for the discharge of the seeds from the order prohibiting the sale, processing, and |
movement in accordance with the findings of the court. The provisions of this paragraph shall not |
be construed as limiting the right of the director to proceed as authorized by other sections of this |
chapter; |
(3) To establish and maintain or make provisions for seed-testing facilities; to employ |
qualified persons; and to incur any expenses that may be necessary to comply with these |
provisions; |
(4) To make or provide for making purity and germination tests of seed for farmers and |
dealers on request; to prescribe rules and regulations governing that testing; and to fix and collect |
charges for the tests made. Fees shall be accounted for in any manner that the state legislature |
may prescribe; and |
(5) To cooperate with the United States Department of Agriculture and other agencies in |
seed law enforcement. |
(c) Jurisdiction in all matters pertaining to the cultivation, harvesting, production, |
processing, certification, labeling, inspection, analyzing, testing, sampling, classification, |
designation, advertising, marketing, sale, storage, transportation, distribution, possession, |
notification of use, planting, and other use of agricultural and vegetable seeds is, by this chapter, |
vested exclusively in the director, to the exclusion of all local ordinances or regulations. |
(1) All acts or parts of acts, whether general, special, or local, inconsistent with this |
section are expressly repealed, declared to be invalid, and of no effect. |
SECTION 2. Section 4-1.1-4 of the General Laws in Chapter 4-1.1 entitled "Unlawful |
Confinement of a Covered Animal" is hereby amended to read as follows: |
4-1.1-4. Exceptions. [Effective until July 1, 2026.] |
This section chapter shall not apply: |
(1) During medical research. ; |
(2) Temporary confinement prior to and during examination, testing, individual treatment |
or operation for veterinary purposes. ; |
(3) During transportation. ; |
(4) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar |
exhibitions or educational programs. ; |
(5) During temporary confinement for animal husbandry purposes for no more than six |
(6) hours in any twenty-four - (24) hour (24) period unless ordered by a licensed veterinarian. ; |
(6) During the humane slaughter of a sow or pig in accordance with the provisions of |
chapter 4-17, and other applicable laws and regulations. ; |
(7) To a sow during the fourteen - (14) day (14) period prior to the sows expected date of |
giving birth and extending for a duration of time until the piglets are weaned. This period may be |
modified upon the order of a licensed veterinarian. ; |
(8) To calves being trained to exhibit. ; and |
(9) To calves being trained to accept routine confinement in dairy and beef housing. |
4-1.1-4. Exceptions. [Effective July 1, 2026.] |
This chapter shall not apply: |
(1) During medical research; |
(2) Temporary confinement prior to and during examination, testing, individual treatment |
or operation for veterinary purposes; |
(3) During transportation; |
(4) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar |
exhibitions or educational programs; |
(5) During temporary confinement for animal husbandry purposes for no more than six |
(6) hours in any twenty-four-hour (24) period, unless ordered by a licensed veterinarian; |
(6) During the humane slaughter of a covered animal in accordance with the provisions of |
chapter 17 of this title, and other applicable laws and regulations; |
(7) To a sow during the five-day (5) period prior to the sow's expected date of giving |
birth and any day that the sow is nursing piglets; |
(8) To calves being trained to exhibit; and |
(9) To calves being trained to accept routine confinement in dairy and beef housing. |
SECTION 3. Section 6-48-5 of the General Laws in Chapter 6-48 entitled "Consumer |
Empowerment and Identity Theft Prevention Act of 2006" is hereby amended to read as follows: |
6-48-5. Security freeze -- Timing, covered entities, cost. |
(a)(1) A consumer may elect to place a "security freeze" on his or her credit report by |
making a request by certified mail to a consumer reporting agency at an address designated by the |
consumer reporting agency to receive such requests. |
(2) A consumer reporting agency shall place a security freeze on a consumer's credit |
report no later than five (5) business days after receiving from the consumer: |
(i) A written request as described in subsection (a)(1); and |
(ii) Proper identification. |
(3) The consumer reporting agency shall send a written confirmation of the security |
freeze to the consumer within ten (10) business days of placing the freeze and at the same time |
shall provide the consumer with a unique personal identification number, password, or similar |
device to be used by the consumer when providing authorization for the release of his or her |
credit report for a specific period of time, or when permanently removing the freeze. |
(4) If the consumer wishes to allow his or her credit report to be accessed for a specific |
period of time while a freeze is in place, he or she shall contact the consumer reporting agency, |
using a point of contact designated by the consumer reporting agency, to request that the freeze |
be temporarily lifted and provide the following: |
(i) Proper identification; |
(ii) The unique personal identification number or password provided by the consumer |
reporting agency pursuant to subsection (a)(3); and |
(iii) The proper information regarding the time period for which the report shall be |
available to users of the credit report. |
(5) A consumer reporting agency that receives a request from a consumer to temporarily |
lift a freeze on a credit report pursuant to subsection (a)(4) shall comply with the request no later |
than three (3) business days after receiving the request. |
(6) A consumer reporting agency may develop procedures involving the use of telephone, |
fax, or, upon the consent of the consumer in the manner required by the Electronic Signatures in |
Global and National Commerce Act, 15 U.S.C. § 7001 et seq., hereinafter referred to as ("E- |
Sign") for legally required notices, by the internet, e-mail, or other electronic media to receive |
and process a request from a consumer to temporarily lift a freeze on a credit report pursuant to |
subsection (a)(4) in an expedited manner. |
(7) A consumer reporting agency shall remove or temporarily lift a freeze placed on a |
consumer's credit report only in the following cases: |
(i) Upon consumer request, pursuant to subsection (a)(4) or (a)(10) (9); and |
(ii) If the consumer's credit report was frozen due to a material misrepresentation of fact |
by the consumer. If a consumer reporting agency intends to remove a freeze upon a consumer's |
credit report pursuant to this paragraph, the consumer reporting agency shall notify the consumer |
in writing prior to removing the freeze on the consumer's credit report. |
(8) If a third party requests access to a consumer credit report on which a security freeze |
is in effect; and this request is in connection with an application for credit or any other use; and |
the consumer does not allow his or her credit report to be accessed; then the third party may treat |
the application as incomplete. |
(9) A security freeze shall remain in place until the consumer requests, using a point of |
contact designated by the consumer reporting agency, that the security freeze be removed. A |
consumer reporting agency shall remove a security freeze within three (3) business days of |
receiving a request for removal from the consumer who provides all of the following: |
(i) Proper identification; and |
(ii) The unique personal identification number or password provided by the consumer |
reporting agency pursuant to subsection (a)(3). |
(10) A consumer reporting agency shall require proper identification of the person |
making a request to place or remove a security freeze. |
(11) A consumer reporting agency may not suggest or otherwise state or imply to a third |
party that the consumer's security freeze reflects a negative credit score, history, report, or rating. |
(12) The provisions of this section do not apply to the use of a consumer credit report by |
any of the following: |
(i) A person, or the person's subsidiary, affiliate, agent, or assignee with which the |
consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for |
the purposes of reviewing the account or collecting the financial obligation owing for the account, |
contract, or debt; |
(ii) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom |
access has been granted under subsection (a)(4) for purposes of facilitating the extension of credit |
or other permissible use; |
(iii) Any person acting pursuant to a court order, warrant, or subpoena; |
(iv) A state or local agency that administers a program for establishing and enforcing |
child support obligations; |
(v) The department of health, or its agents or assigns, acting to investigate fraud; |
(vi) The attorney general, or its agents or assigns, acting to investigate fraud; |
(vii) The division of taxation, or its agents or assigns, acting to investigate or collect |
delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities; |
(viii) The use of a credit report by a person for purposes of prescreening as defined by the |
federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; |
(ix) Any person or entity administering a credit file monitoring subscription service to |
which the consumer has subscribed; |
(x) Any person or entity for the purpose of providing a consumer with a copy of his or |
her credit report upon the consumer's request; and |
(xi) Any person or entity for use in setting or adjusting a rate, adjusting a claim, or |
underwriting for insurance purposes. |
(13) A consumer may not be charged a fee for any security freeze service by a consumer |
reporting agency. |
(b) Entities not required to place a security freeze. |
The following entities are not required to place a security freeze on a credit report: |
(1) A consumer reporting agency that acts only as a reseller of credit information by |
assembling and merging information contained in the database of another consumer reporting |
agency or multiple consumer credit reporting agencies and does not maintain a permanent |
database of credit information from which new consumer credit reports are produced. However, a |
consumer reporting agency acting as a reseller shall honor any security freeze placed on a |
consumer credit report by another consumer reporting agency; |
(2) A check services or fraud prevention services company that issues reports on |
incidents of fraud or authorizations for the purpose of approving or processing negotiable |
instruments, electronic funds transfers, or similar methods of payments; |
(3) A deposit account information service company that issues reports regarding account |
closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information |
regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a |
consumer request for a deposit account at the inquiring bank or financial institution; and |
(4) Any database or file that consists of any information adverse to the interests of the |
consumer, including, but not limited to, criminal record information; personal loss history |
information; information used for fraud prevention or detection; tenant screening; and |
employment screening. |
SECTION 4. Section 11-13-9 of the General Laws in Chapter 11-13 entitled "Explosives |
and Fireworks" is hereby amended to read as follows: |
11-13-9. Placing of explosive devices -- Threats -- Possession of readily convertible |
components. (a) Every person who, without lawful authority, places a bomb, explosive device, or |
any destructive or incendiary device or substance, or falsely reports the placing of a bomb, |
explosive device, or any destructive or incendiary device or substance, shall upon conviction be |
imprisoned not less than three (3) years nor more than twenty (20) years and fined not less than |
one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). |
(b) Every person who threatens to place a bomb, explosive device, or any destructive or |
incendiary device or substance, or falsely reports the placing of a bomb, explosive device, or |
any destructive or incendiary device or substance, shall, upon conviction, be imprisoned not |
less than one year nor more than ten (10) years and fined not less than five hundred dollars ($500) |
nor more than five thousand dollars ($5,000). |
(c) Whoever, without lawful authority, has in their possession or under their control any |
bomb, explosive device, or any destructive or incendiary device or substance, or combination of |
materials that are readily convertible to a bomb, explosive device, or any destructive or |
incendiary device or substance, shall be punished by imprisonment for not less than three (3) |
years nor more than twenty (20) years, or by a fine of not less than one thousand dollars ($1,000) |
nor more than ten thousand dollars ($10,000), or both. |
SECTION 5. Section 20-2-31 of the General Laws in Chapter 20-2 entitled "Licensing" is |
hereby amended to read as follows: |
20-2-31. Hunting and fishing licenses -- Exceptions. |
(a) Every valid license to hunt or fish in this state that is held by any resident of this state |
upon joining the armed forces or the merchant marine of the United States is hereby extended and |
is in force and valid until six (6) months following the termination of his or her service. |
(b) Every member of the armed forces or of the merchant marine of the United States |
may hunt or fish in this state if that person procures a hunting or fishing license issued by the |
state of Rhode Island, the fee for which is that charged for a resident civilian. |
(c) Every man or woman who was a part of the armed forces of the United States |
government and is now a one hundred percent (100%) disabled veteran, and any man or woman |
who is one hundred percent (100%) permanently disabled, is entitled, subject to the provisions of |
this title, to receive a license to hunt and/or fish or both in this state; and upon the presentation of |
his or her necessary military discharge identification and/or disability papers or both, as |
prescribed by the department of environmental management, shall, at the discretion of the |
licensing authority, receive, without the payment of any license fee, a continuing special form of |
license authorizing the man or woman to hunt and/or fish or both in this state in accordance with |
the provisions of this title and regulations issued pursuant to this title for so long as he or she so |
desires; provided, however, that the man or woman, having once made application for this |
license, shall not again be required to appear before the licensing authority to present his or her |
papers. |
(d) A freshwater fishing license is not required of any blind person. For the purposes of |
this section, a person is blind only if his or her central visual acuity does not exceed 20/200 in the |
better eye with correcting lenses or if his or her visual acuity is greater than 20/200 but is |
accompanied by a limitation in the fields of vision such that the widest diameter of the visual |
field subtends an angle no greater than twenty degrees (20°). |
(e) Every resident man or woman over the age of sixty-five (65) years is entitled, subject |
to the provisions of this title and the regulations issued pursuant to this title, to receive a special |
permanent license to hunt and/or fish or both in this state for which there is no fee. |
(f) Any man or woman who is one hundred percent (100%) permanently disabled may |
apply to receive a license to fish in this state, and upon presentation of a proof of his or her |
disability as prescribed by the department of environmental management, receive, without the |
payment of any license fee, a continuing special form of license authorizing the man or woman to |
fish in this state for so long as he or she so desires; provided, however, that the man or woman, |
having once made application for this license, shall not again be required to appear before the |
licensing authority to present his or her papers. |
(g) The director may, by regulation, designate no more than two (2) days in each year, |
which may or may not be consecutive, during which residents and nonresidents may, without |
having a license and without payment of any fee, exercise the privileges of a holder of a |
freshwater fishing license. These persons are subject to all other limitations, restrictions, |
conditions, laws, rules, and regulations applicable to the holder of a freshwater fishing license. |
(h) For the purpose of this section, "man or woman who is one hundred percent (100%) |
permanently disabled" means an individual who has a physical or mental impairment and is |
receiving: |
(1) Social Security Disability Insurance Benefits (SSDI); |
(2) Supplemental Security Income benefits (SSI). |
All licenses that are issued to persons who qualify pursuant to this subsection shall be |
issued without the requirement of the payment of a fee and shall expire annually on February 28 |
of each year. Persons seeking the issuance or reissuance of licenses shall be required to present |
documentation establishing that the applicant is qualified, or remains qualified, pursuant to this |
subsection. |
SECTION 6. Section 23-4-3.1 of the General Laws in Chapter 23-4 entitled "Office of |
State Medical Examiners" is hereby amended to read as follows: |
23-4-3.1. Immunity. |
No member of the multi-disciplinary team for review of drug-related overdose deaths |
shall be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, |
including, but not limited to, civil penalty or disciplinary action by a business, occupational, or |
professional licensing board or entity (and, for members who are state employees, termination, or |
loss of employee or pension benefits), for acting in accordance with § 23-4-3. |
SECTION 7. Section 23-22.5-1 of the General Laws in Chapter 23-22.5 entitled |
"Drowning Prevention and Lifesaving" is hereby amended to read as follows: |
23-22.5-1. Rules, regulations, and orders -- Facilities to which applicable. |
(a) The department of environmental management is authorized and empowered to adopt |
and prescribe rules of procedure and regulations and to amend, change, and/or repeal these rules |
and regulations and make any orders and perform any actions that it may deem necessary to the |
proper administration and supervision of drowning prevention, lifesaving, first aid, and safety |
personnel and equipment of all camps, camp grounds, bathhouses, bathing resorts, beachside |
motels or boarding houses, beachside parking areas, swimming pools, other beach and swimming |
areas, surfing areas, amusement parks, and skiing areas which that serve all and/or any part of |
the general public by fee, membership, or invitation. The provisions of this chapter shall not |
apply to facilities maintained by a person without charge or assessment to the general public and |
which that are for the sole use of his or her family, private guests, or tenants. |
(b) The department shall charge an annual fee of ten dollars ($10.00) for lifeguard |
certification required by the rules and regulations. The funds shall be appropriated to the "user |
fees at state beaches, parks and recreation areas -- development fund" established under § |
42-17.1-29. |
SECTION 8. Section 31-3.1-2 of the General Laws in Chapter 31-3.1 entitled |
"Certificates of Title and Security Interests" is hereby amended to read as follows: |
31-3.1-2. Exclusions. |
No certificate of title need be obtained for: |
(1) A vehicle owned by the United States unless it is registered in this state; |
(2) A vehicle owned by a manufacturer or dealer and held for sale, even though |
incidentally moved on the highway, or used for purposes of testing or demonstration; or a vehicle |
used by a manufacturer solely for testing; |
(3) A vehicle owned by a nonresident of this state and not required by law to be |
registered in this state; |
(4) A vehicle regularly engaged in the interstate transportation of persons or property for |
which a currently effective certificate of title has been issued in another state; |
(5) A vehicle moved solely by human or animal power; |
(6) An implement of husbandry; |
(7) Special mobile equipment; |
(8) A self-propelled invalid wheelchair or tricycle for a person with a disability; |
(9) A trailer without motive power and designed for carrying property, to be drawn by a |
motor vehicle and having a gross vehicle weight rating (GVWR) of three thousand pounds (3,000 |
lbs.) or less. As used herein, the term "trailer" does not include a travel trailer, a fifth-wheel |
trailer, or park trailer, as defined in § 31-1-3; |
(10) Motorized bicycles; and |
(11) A mobile home or other nonmotorized dwelling unit built on a chassis greater than |
eight feet six inches (8' 6") in width or sixty feet (60') in length and containing complete |
electrical, plumbing, and sanitary facilities, and designed to be installed on a temporary or |
permanent foundation for permanent living quarters. |
SECTION 9. Section 31-27-2 of the General Laws in Chapter 31-27 entitled "Motor |
Vehicle Offenses" is hereby amended to read as follows: |
31-27-2. Driving under influence of liquor or drugs. |
(a) Whoever drives or otherwise operates any vehicle in the state while under the |
influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in |
chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as |
provided in subsection (d)(3), and shall be punished as provided in subsection (d). |
(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is |
eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis |
of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall |
not preclude a conviction based on other admissible evidence. Proof of guilt under this section |
may also be based on evidence that the person charged was under the influence of intoxicating |
liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any |
combination of these, to a degree that rendered the person incapable of safely operating a vehicle. |
The fact that any person charged with violating this section is, or has been, legally entitled to use |
alcohol or a drug shall not constitute a defense against any charge of violating this section. |
(2) Whoever drives, or otherwise operates, any vehicle in the state with a blood presence |
of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by |
analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as |
provided in subsection (d). |
(c) In any criminal prosecution for a violation of subsection (a), evidence as to the |
amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
title 21, or any combination of these, in the defendant's blood at the time alleged as shown by a |
chemical analysis of the defendant's breath, blood, or urine or other bodily substance, shall be |
admissible and competent, provided that evidence is presented that the following conditions have |
been complied with: |
(1) The defendant has consented to the taking of the test upon which the analysis is made. |
Evidence that the defendant had refused to submit to the test shall not be admissible unless the |
defendant elects to testify. |
(2) A true copy of the report of the test result was mailed within seventy-two (72) hours |
of the taking of the test to the person submitting to a breath test. |
(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall |
have a true copy of the report of the test result mailed to him or her within thirty (30) days |
following the taking of the test. |
(4) The test was performed according to methods and with equipment approved by the |
director of the department of health of the state of Rhode Island and by an authorized individual. |
(5) Equipment used for the conduct of the tests by means of breath analysis had been |
tested for accuracy within thirty (30) days preceding the test by personnel qualified as |
hereinbefore provided, and breathalyzer operators shall be qualified and certified by the |
department of health within three hundred sixty-five (365) days of the test. |
(6) The person arrested and charged with operating a motor vehicle while under the |
influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to |
have an additional chemical test. The officer arresting or so charging the person shall have |
informed the person of this right and afforded him or her a reasonable opportunity to exercise this |
right, and a notation to this effect is made in the official records of the case in the police |
department. Refusal to permit an additional chemical test shall render incompetent and |
inadmissible in evidence the original report. |
(d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as |
follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one |
percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood |
presence of any scheduled controlled substance as defined in subsection (b)(2), shall be subject to |
a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); |
shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or |
shall be imprisoned for up to one year. The sentence may be served in any unit of the adult |
correctional institutions in the discretion of the sentencing judge and/or shall be required to attend |
a special course on driving while intoxicated or under the influence of a controlled substance; |
provided, however, that the court may permit a servicemember or veteran to complete any court- |
approved counseling program administered or approved by the Veterans' Administration, and his |
or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. |
The sentencing judge or magistrate may prohibit that person from operating a motor vehicle that |
is not equipped with an ignition interlock system as provided in § 31-27-2.8. |
(ii) Every person convicted of a first violation whose blood alcohol concentration is one- |
tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent |
(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less |
than one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required |
to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned |
for up to one year. The sentence may be served in any unit of the adult correctional institutions in |
the discretion of the sentencing judge. The person's driving license shall be suspended for a |
period of three (3) months to twelve (12) months. The sentencing judge shall require attendance |
at a special course on driving while intoxicated or under the influence of a controlled substance |
and/or alcoholic or drug treatment for the individual; provided, however, that the court may |
permit a servicemember or veteran to complete any court-approved counseling program |
administered or approved by the Veterans' Administration. The sentencing judge or magistrate |
may prohibit that person from operating a motor vehicle that is not equipped with an ignition |
interlock system as provided in § 31-27-2.8. |
(iii) Every person convicted of a first offense whose blood alcohol concentration is |
fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug, |
toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to a fine of |
five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of |
public community restitution and/or shall be imprisoned for up to one year. The sentence may be |
served in any unit of the adult correctional institutions in the discretion of the sentencing judge. |
The person's driving license shall be suspended for a period of three (3) months to eighteen (18) |
months. The sentencing judge shall require attendance at a special course on driving while |
intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for |
the individual; provided, however, that the court may permit a servicemember or veteran to |
complete any court-approved counseling program administered or approved by the Veterans' |
Administration. The sentencing judge or magistrate shall prohibit that person from operating a |
motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. |
(2)(i) Every person convicted of a second violation within a five-year (5) period with a |
blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than |
fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or |
who has a blood presence of any controlled substance as defined in subsection (b)(2), and every |
person convicted of a second violation within a five-year (5) period, regardless of whether the |
prior violation and subsequent conviction was a violation and subsequent conviction under this |
statute or under the driving under the influence of liquor or drugs statute of any other state, shall |
be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall |
be suspended for a period of one year to two (2) years, and the individual shall be sentenced to |
not less than ten (10) days, nor more than one year, in jail. The sentence may be served in any |
unit of the adult correctional institutions in the discretion of the sentencing judge; however, not |
less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing |
judge shall require alcohol or drug treatment for the individual; provided, however, that the court |
may permit a servicemember or veteran to complete any court-approved counseling program |
administered or approved by the Veterans' Administration and shall prohibit that person from |
operating a motor vehicle that is not equipped with an ignition interlock system as provided in § |
31-27-2.8. |
(ii) Every person convicted of a second violation within a five-year (5) period whose |
blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as |
shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of |
a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory |
fine of not less than one thousand dollars ($1,000); and a mandatory license suspension for a |
period of two (2) years from the date of completion of the sentence imposed under this |
subsection. The sentencing judge shall require alcohol or drug treatment for the individual; |
provided, however, that the court may permit a servicemember or veteran to complete any court |
approved counseling program administered or approved by the Veterans' Administration. The |
sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is |
not equipped with an ignition interlock system as provided in § 31-27-2.8. |
(3)(i) Every person convicted of a third or subsequent violation within a five-year (5) |
period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or |
above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol |
concentration is unknown or who has a blood presence of any scheduled controlled substance as |
defined in subsection (b)(2), regardless of whether any prior violation and subsequent conviction |
was a violation and subsequent conviction under this statute or under the driving under the |
influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to |
a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended |
for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less |
than one year and not more than three (3) years in jail. The sentence may be served in any unit of |
the adult correctional institutions in the discretion of the sentencing judge; however, not less than |
forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall |
require alcohol or drug treatment for the individual; provided, however, that the court may permit |
a servicemember or veteran to complete any court-approved counseling program administered or |
approved by the Veterans' Administration, and shall prohibit that person from operating a motor |
vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. |
(ii) Every person convicted of a third or subsequent violation within a five-year (5) period |
whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight |
as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence |
of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a |
mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand |
dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date |
of completion of the sentence imposed under this subsection. The sentencing judge shall require |
alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that |
person from operating a motor vehicle that is not equipped with an ignition interlock system as |
provided in § 31-27-2.8. |
(iii) In addition to the foregoing penalties, every person convicted of a third or |
subsequent violation within a five-year (5) period, regardless of whether any prior violation and |
subsequent conviction was a violation and subsequent conviction under this statute or under the |
driving under the influence of liquor or drugs statute of any other state, shall be subject, in the |
discretion of the sentencing judge, to having the vehicle owned and operated by the violator |
seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred |
to the general fund. |
(4) Whoever drives or otherwise operates any vehicle in the state while under the |
influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in |
chapter 28 of title 21, or any combination of these, when his or her license to operate is |
suspended, revoked, or cancelled for operating under the influence of a narcotic drug or |
intoxicating liquor, shall be guilty of a felony punishable by imprisonment for not more than three |
(3) years and by a fine of not more than three thousand dollars ($3,000). The court shall require |
alcohol and/or drug treatment for the individual; provided, the penalties provided for in this |
subsection (d)(4) shall not apply to an individual who has surrendered his or her license and |
served the court-ordered period of suspension, but who, for any reason, has not had his or her |
license reinstated after the period of suspension, revocation, or suspension has expired; provided, |
further, the individual shall be subject to the provisions of subdivision (d)(2)(i), (d)(2)(ii), |
(d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent offenses, and any other applicable |
provision of this section. |
(5)(i) For purposes of determining the period of license suspension, a prior violation shall |
constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. |
(ii) Any person over the age of eighteen (18) who is convicted under this section for |
operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of |
these, while a child under the age of thirteen (13) years was present as a passenger in the motor |
vehicle when the offense was committed shall be subject to immediate license suspension |
pending prosecution. Any person convicted of violating this section shall be guilty of a |
misdemeanor for a first offense and may be sentenced to a term of imprisonment of not more than |
one year and a fine not to exceed one thousand dollars ($1,000). Any person convicted of a |
second or subsequent offense shall be guilty of a felony offense and may be sentenced to a term |
of imprisonment of not more than five (5) years and a fine not to exceed five thousand dollars |
($5,000). The sentencing judge shall also order a license suspension of up to two (2) years, |
require attendance at a special course on driving while intoxicated or under the influence of a |
controlled substance, and alcohol or drug education and/or treatment. The individual may also be |
required to pay a highway assessment fee of no more than five hundred dollars ($500) and the |
assessment shall be deposited in the general fund. |
(6)(i) Any person convicted of a violation under this section shall pay a highway |
assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The |
assessment provided for by this subsection shall be collected from a violator before any other |
fines authorized by this section. |
(ii) Any person convicted of a violation under this section shall be assessed a fee of |
eighty-six dollars ($86). |
(7)(i) If the person convicted of violating this section is under the age of eighteen (18) |
years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of |
public community restitution and the juvenile's driving license shall be suspended for a period of |
six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing |
judge shall also require attendance at a special course on driving while intoxicated or under the |
influence of a controlled substance and alcohol or drug education and/or treatment for the |
juvenile. The juvenile may also be required to pay a highway assessment fine of no more than |
five hundred dollars ($500) and the assessment imposed shall be deposited into the general fund. |
(ii) If the person convicted of violating this section is under the age of eighteen (18) |
years, for a second or subsequent violation regardless of whether any prior violation and |
subsequent conviction was a violation and subsequent conviction under this statute or under the |
driving under the influence of liquor or drugs statute of any other state, he or she shall be subject |
to a mandatory suspension of his or her driving license until such time as he or she is twenty-one |
(21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the |
Rhode Island training school for a period of not more than one year and/or a fine of not more than |
five hundred dollars ($500). |
(8) Any person convicted of a violation under this section may undergo a clinical |
assessment at the community college of Rhode Island's center for workforce and community |
education. Should this clinical assessment determine problems of alcohol, drug abuse, or |
psychological problems associated with alcoholic or drug abuse, this person shall be referred to |
an appropriate facility, licensed or approved by the department of behavioral healthcare, |
developmental disabilities and hospitals, for treatment placement, case management, and |
monitoring. In the case of a servicemember or veteran, the court may order that the person be |
evaluated through the Veterans' Administration. Should the clinical assessment determine |
problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug |
abuse, the person may have their treatment, case management, and monitoring administered or |
approved by the Veterans' Administration. |
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol |
per one hundred (100) cubic centimeters of blood. |
(f)(1) There is established an alcohol and drug safety unit within the division of motor |
vehicles to administer an alcohol safety action program. The program shall provide for placement |
and follow-up for persons who are required to pay the highway safety assessment. The alcohol |
and drug safety action program will be administered in conjunction with alcohol and drug |
programs licensed by the department of behavioral healthcare, developmental disabilities and |
hospitals. |
(2) Persons convicted under the provisions of this chapter shall be required to attend a |
special course on driving while intoxicated or under the influence of a controlled substance, |
and/or participate in an alcohol or drug treatment program; provided, however, that the court may |
permit a servicemember or veteran to complete any court-approved counseling program |
administered or approved by the Veterans' Administration. The course shall take into |
consideration any language barrier that may exist as to any person ordered to attend, and shall |
provide for instruction reasonably calculated to communicate the purposes of the course in |
accordance with the requirements of the subsection. Any costs reasonably incurred in connection |
with the provision of this accommodation shall be borne by the person being retrained. A copy of |
any violation under this section shall be forwarded by the court to the alcohol and drug safety |
unit. In the event that persons convicted under the provisions of this chapter fail to attend and |
complete the above course or treatment program, as ordered by the judge, then the person may be |
brought before the court, and after a hearing as to why the order of the court was not followed, |
may be sentenced to jail for a period not exceeding one year. |
(3) The alcohol and drug safety action program within the division of motor vehicles |
shall be funded by general revenue appropriations. |
(g) The director of the department of health department of the state of Rhode Island |
is empowered to make and file with the secretary of state regulations that prescribe the techniques |
and methods of chemical analysis of the person's body fluids or breath and the qualifications and |
certification of individuals authorized to administer this testing and analysis. |
(h) Jurisdiction for misdemeanor violations of this section shall be with the district court |
for persons eighteen (18) years of age or older and to the family court for persons under the age |
of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and |
to order the suspension of any license for violations of this section. All trials in the district court |
and family court of violations of the section shall be scheduled within thirty (30) days of the |
arraignment date. No continuance or postponement shall be granted except for good cause shown. |
Any continuances that are necessary shall be granted for the shortest practicable time. Trials in |
superior court are not required to be scheduled within thirty (30) days of the arraignment date. |
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
driving while intoxicated or under the influence of a controlled substance, public community |
restitution, or jail provided for under this section can be suspended. |
(j) An order to attend a special course on driving while intoxicated, that shall be |
administered in cooperation with a college or university accredited by the state, shall include a |
provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars |
($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into |
the general fund. |
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is |
considered a chemical test. |
(l) If any provision of this section, or the application of any provision, shall for any |
reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of |
the section, but shall be confined in this effect to the provision or application directly involved in |
the controversy giving rise to the judgment. |
(m) For the purposes of this section, "servicemember" means a person who is presently |
serving in the armed forces of the United States, including the Coast Guard, a reserve component |
thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, |
including the Coast Guard of the United States, a reserve component thereof, or the National |
Guard, and has been discharged under other than dishonorable conditions. |
SECTION 10. Section 31-47-12 of the General Laws in Chapter 31-47 entitled "Motor |
Vehicle Reparations Act" is hereby amended to read as follows: |
31-47-12. Police officers and agents of administrator of the division of motor |
vehicles -- Fees collected, forms of proof. [Effective January 1, 2019.] |
(a) For the purpose of enforcing the provisions of this chapter, every police officer of a |
state, town, or municipality is deemed an agent of the administrator of the division of motor |
vehicles. Any police officer who, in the performance of his or her duties as authorized by law, |
becomes aware of a person whose license is under an order of suspension, or whose certificate of |
registration and registration plates are under an order of impoundment, pursuant to this section |
may confiscate the license, certificate of registration, and registration plates, and return them to |
the administrator of the division of motor vehicles. Any forms used by law enforcement agencies |
in administering this section shall be prescribed by the administrator of the division of motor |
vehicles, the cost of which shall be borne by these agencies. No police officer, law enforcement |
agency employing a police officer, or political subdivision or governmental agency that employs |
a police officer shall be liable in a civil action for damages or loss to persons arising out of the |
performance of the duty required or authorized by this section. "Police officer" means the full- |
time police from the rank of patrolman patrol up to and including the rank of colonel or chief, |
including policewomen of any police department in any city or town within the state of Rhode |
Island or of the state police. |
(b) All fees, except court costs, collected under this chapter shall be paid into the state |
treasury and credited to the highway safety fund in a special account hereby created, to be known |
as the "financial responsibility compliance special account". This special account shall be used |
exclusively to cover costs incurred by the division of motor vehicles in the administration of this |
chapter, and by any law enforcement agency employing any police officer who returns any |
license, certificate of registration, and registration plates to the administrator of the division of |
motor vehicles pursuant to this chapter. |
(c) The administrator of the division of motor vehicles, court, or traffic tribunal may |
require proof of financial security. A person may demonstrate proof of financial responsibility |
under this section by presenting to the court, traffic tribunal, or administrator of the division of |
motor vehicles any of the following documents or a copy of these documents: |
(1) A certificate of proof of financial responsibility; |
(2) A bond or certification of the issuance of a bond; |
(3) A certificate of deposit of money or securities; or |
(4) A certificate of self insurance. |
(d) At the time of investigation of a motor vehicle offense or accident by a police officer |
or when a motor vehicle is stopped by a police officer for probable cause, the police officer |
making the investigation or stopping the motor vehicle shall ask for evidence of proof of financial |
security as defined in this chapter. Proof of financial responsibility may be provided using a |
mobile electronic device; provided, however, that the police officer requiring the proof of |
financial responsibility shall be prohibited from viewing any other content on the mobile |
electronic device. Any person utilizing an electronic device to provide proof of insurance shall |
assume any and all liability for any damage sustained to the mobile electronic device. If the |
evidence is not provided, a citation to appear before the traffic tribunal shall be issued to the |
operator. However, any citation issued solely for failing to provide evidence of financial |
responsibility shall be held by the issuing police officer or law enforcement agency for at least |
one business day before submitting the citation to the traffic tribunal. Any operator who receives |
a citation for failing to provide valid evidence of financial responsibility shall have the |
opportunity to provide evidence of financial responsibility that existed at the time of the violation |
within the one-business-day period, at which time the issuing police officer or law enforcement |
agency shall withdraw the citation, and the motorist shall not be required to appear before the |
traffic tribunal. Notwithstanding this provision, police officers who issue a citation for lack of |
evidence of financial responsibility, in addition to one or more other citations, need not wait the |
one-business-day waiting period before submitting the citation for lack of evidence of financial |
responsibility to the traffic tribunal. The traffic tribunal may, by rule and regulation, prescribe the |
procedures for processing the citations. Motor vehicles may not be stopped solely for the purpose |
of checking for evidence of proof of financial security. |
(e)(1) Upon a first offense, one must provide proof of current insurance and a binder or |
release letter covering the cost of the accident, as long as the accident does not include bodily |
injury, or death. , etc. |
(2) In addition, penalties do not release the motorist from any pending matter before any |
other appropriate court. |
(f) Any operator of a motor vehicle registered in this state who shall operate a motor |
vehicle without proof of financial security, as defined in this chapter, being in full force and effect |
on the date of the motor vehicle stop or accident, may be subject to suspension of license and |
fines as follows: |
(1) For a first offense, a suspension of up to thirty (30) days and may be fined one |
hundred dollars ($100) up to two hundred and fifty dollars ($250); |
(2) For a second offense, a suspension of up to six (6) months and may be fined five |
hundred dollars ($500); and |
(3) For a third and subsequent offense, a suspension of up to one year. Additionally, any |
person violating this section a third or subsequent time shall be punished as a civil violation and |
may be fined one thousand dollars ($1,000). |
SECTION 11. Section 42-61.3-2 of the General Laws in Chapter 42-61.3 entitled "Casino |
Gaming" is hereby amended to read as follows: |
42-61.3-2. Casino gaming crimes. |
(a) Definitions as used in this chapter: |
(1) "Casino gaming" shall have the meaning set forth in § 42-61.2-1(1). |
(2) "Cheat" means to alter the element of chance, method of selection, or criteria which |
that determines: |
(i) The result of the game; |
(ii) The amount or frequency of payment in a game, including intentionally taking |
advantage of a malfunctioning machine; |
(iii) The value of a wagering instrument; or |
(iv) The value of a wagering credit. |
(3) "Cheating device" means any physical, mechanical, electromechanical, electronic, |
photographic, or computerized device used in such a manner as to cheat, deceive, or defraud a |
casino game. This includes, but is not limited to: |
(i) Plastic, tape, string, or dental floss, or any other item placed inside a coin or bill |
acceptor or any other opening in a video-lottery terminal in a manner to simulate coin or currency |
acceptance; |
(ii) Forged or stolen keys used to gain access to a casino game to remove its contents; and |
(iii) Game cards or dice that have been tampered with, marked, or loaded. |
(4) "Gaming facility" means any facility authorized to conduct casino gaming as defined |
in § 42-61.2-1(1), including its parking areas and/or adjacent buildings and structures. |
(5) "Paraphernalia for the manufacturing of cheating devices" means the equipment, |
products, or materials that are intended for use in manufacturing, producing, fabricating, |
preparing, testing, analyzing, packaging, storing, or concealing a counterfeit facsimile of the |
chips, tokens, debit instruments, or other wagering devices approved by the division of state |
lottery or lawful coin or currency of the United States of America. This term includes, but is not |
limited to: |
(i) Lead or lead alloy molds, forms, or similar equipment capable of producing a likeness |
of a gaming token or United States coin or currency; |
(ii) Melting pots or other receptacles; |
(iii) Torches, tongs, trimming tools, or other similar equipment; and |
(iv) Equipment that can be used to manufacture facsimiles of debit instruments or |
wagering instruments approved by the division of state lottery. |
(6) "Table game" shall have the meaning set forth in § 42-61.2-1(24). |
(7) "Wager" means a sum of money or representative of value that is risked on an |
occurrence for which the outcome is uncertain. |
(b) Prohibited acts and penalties. It shall be unlawful for any person to: |
(1) Use, or attempt to use, a cheating device in a casino game or to have possession of |
such a device in a gaming facility. Any person convicted of violating this section shall be guilty |
of a felony punishable by imprisonment for not more than ten (10) years or a fine of not more |
than one hundred thousand dollars ($100,000), or both; |
(2) Use, acquire, or possess paraphernalia with intent to cheat, or attempt to use, acquire, |
or possess, paraphernalia with the intent to manufacture cheating devices. Any person convicted |
of violating this section shall be guilty of a felony punishable by imprisonment for not more than |
ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or both; |
(3) Cheat, or attempt to cheat, in order to take or collect money or anything of value, |
whether for one's self or another, in or from a casino game in a gaming facility. Any person |
convicted of violating this section shall be guilty of a felony punishable by imprisonment for not |
more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or |
both; |
(4) Conduct, carry on, operate, deal, or attempt to conduct, carry on, operate, or deal, or |
allow to be conducted, carried on, operated, or dealt, any cheating game or device. Any person |
convicted of violating this section shall be guilty of a felony punishable by imprisonment for not |
more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or |
both; |
(5) Manipulate or alter, or attempt to manipulate or alter, with the intent to cheat, any |
physical, mechanical, electromechanical, electronic, or computerized component of a casino |
game, contrary to the designed and normal operational purpose for the component. Any person |
convicted of violating this section shall be guilty of a felony punishable by imprisonment for not |
more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or |
both; |
(6) Use, sell, or possess, or attempt to use, sell, or possess, counterfeit: coins, slugs, |
tokens, gaming chips, debit instruments, player rewards cards, or any counterfeit wagering |
instruments and/or devices resembling tokens, gaming chips, debit or other wagering instruments |
approved by the division of state lottery for use in a casino game in a gaming facility. Any person |
convicted of violating this section shall be guilty of a felony punishable by imprisonment for not |
more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or |
both; |
(7)(i) Place, increase, decrease, cancel, or remove a wager or determine the course of play |
of a table game, or attempt to place, increase, decrease, cancel, or remove a wager or determine |
the course of play of a table game, with knowledge of the outcome of the table game where such |
knowledge is not available to all players; or |
(ii) Aid, or attempt to aid, anyone in acquiring such knowledge for the purpose of |
placing, increasing, decreasing, cancelling, or removing a wager or determining the course of |
play of the table game. Any person convicted of violating this section shall be guilty of a felony |
punishable by imprisonment for not more than ten (10) years or a fine of not more than one |
hundred thousand dollars ($100,000), or both; |
(8) Claim, collect, or take, or attempt to claim, collect, or take, money or anything of |
value in or from a casino game or gaming facility, with intent to defraud, or to claim, collect, or |
take an amount greater than the amount won. Any person convicted of violating this section shall |
be guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine of not |
more than one hundred thousand dollars ($100,000), or both; |
(9) For any employee of a gaming facility or anyone acting on behalf of or at the |
direction of an employee of a gaming facility, to knowingly fail to collect, or attempt to fail to |
collect, a losing wager or pay, or attempt to pay, an amount greater on any wager than required |
under the rules of a casino game. Any person convicted of violating this section shall be guilty of |
a felony punishable by imprisonment for not more than ten (10) years or a fine of not more than |
one hundred thousand dollars ($100,000), or both; |
(10) Directly or indirectly offer, or attempt to offer, to conspire with another, or solicit, or |
attempt to solicit, from another, anything of value, for the purpose of influencing the outcome of |
a casino game. Any person convicted of violating this section shall be guilty of a felony |
punishable by imprisonment for not more than ten (10) years or a fine of not more than one |
hundred thousand dollars ($100,000), or both; |
(11) Use or possess, or attempt to use or possess, at a gaming facility, without the written |
consent of the director of the division of state lottery, any electronic, electrical, or mechanical |
device designed, constructed, or programmed to assist the user or another person with the intent |
to: |
(i) Predict the outcome of a casino game; |
(ii) Keep track of the cards played; |
(iii) Analyze and/or predict the probability of an occurrence relating to the casino game; |
and/or |
(iv) Analyze and/or predict the strategy for playing or wagering to be used in the casino |
game. Any person convicted of violating this section shall be guilty of a felony punishable by |
imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand |
dollars ($100,000), or both; |
(12) Skim, or attempt to skim, casino gaming proceeds by excluding anything of value |
from the deposit, counting, collection, or computation of: |
(i) Gross revenues from gaming operations or activities; |
(ii) Net gaming proceeds; and/or |
(iii) Amounts due the state pursuant to applicable casino gaming-related laws. Any |
person convicted of violating this section shall be guilty of a felony punishable by imprisonment |
for not more than ten (10) years or a fine of not more than one hundred thousand dollars |
($100,000), or both; |
(13) Cheat, or attempt to cheat, in the performance of his/her his or her duties as a |
dealer or other casino employee by conducting one's self in a manner that is deceptive to the |
public or alters the normal random selection of characteristics or the normal chance or result of |
the game, including, but not limited to, using cards, dice, or any cheating device(s) which have |
that have been marked, tampered with, or altered. Any person convicted of violating this section |
shall be guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine |
of not more than one hundred thousand dollars ($100,000), or both; |
(14) Possess or use, or attempt to use, without proper authorization from the state lottery |
division, while in the gaming facility any key or device designed for the purpose of or suitable for |
opening or entering any self-redemption unit (kiosk), vault, video-lottery terminal, drop box, or |
any secured area in the gaming facility that contains casino gaming and/or surveillance |
equipment, computers, electrical systems, currency, cards, chips, dice, or any other thing of value. |
Any person convicted of violating this section shall be guilty of a felony punishable by |
imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand |
dollars ($100,000), or both; |
(15) Tamper and/or interfere, or attempt to tamper and/or interfere, with any casino |
gaming and/or surveillance equipment, including, but not limited to, related computers and |
electrical systems. Any person convicted of violating this section shall be guilty of a felony |
punishable by imprisonment for not more than ten (10) years or a fine of not more than one |
hundred thousand dollars ($100,000), or both; |
(16) Access, interfere with, infiltrate, hack into, or infect, or attempt to access, interfere |
with, infiltrate, hack into, or infect, any casino gaming-related computer, network, hardware |
and/or software or other equipment. Any person convicted of violating this section shall be guilty |
of a felony punishable by imprisonment for not more than ten (10) years or a fine of not more |
than one hundred thousand dollars ($100,000), or both; |
(17) Sell, trade, barter, profit from, or otherwise use to one's financial advantage, or |
attempt to sell, trade, barter, profit from, or otherwise use to one's financial advantage, any |
confidential information related to casino-gaming operations, including, but not limited to, data |
(whether stored on a computer's software, hardware, network, or elsewhere), passwords, codes, |
surveillance and security characteristics and/or vulnerabilities, and/or non-public internal |
controls, policies, and procedures related thereto. Any person convicted of violating this section |
shall be guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine |
of not more than one hundred thousand dollars ($100,000), or both; |
(18) Conduct a gaming operation, or attempt to conduct a gaming operation, where |
wagering is used or to be used without a license issued by, or authorization from, the division of |
state lottery. Any person convicted of violating this section shall be guilty of a felony punishable |
by imprisonment for not more than ten (10) years or a fine of not more than one hundred |
thousand dollars ($100,000), or both; |
(19) Provide false information and/or testimony to the division of state lottery, |
department of business regulation, or their authorized representatives and/or the state police while |
under oath. Any person convicted of violating this section shall be guilty of a felony punishable |
by imprisonment for not more than ten (10) years or a fine of not more than one hundred |
thousand dollars ($100,000), or both; |
(20) Play a casino game and/or make a wager, or attempt to play a casino game and/or |
make a wager, if under the age of eighteen (18) years. Any person charged under this section |
shall be referred to family court; or |
(21) Permit, or attempt to permit, a person to play a casino game and/or accept, or |
attempt to accept, a wager from a person, if he/she he or she is under the age of eighteen (18) |
years. Any person convicted of violating this section shall be guilty of a misdemeanor punishable |
by imprisonment for not more than one year or a fine of not more than one thousand dollars |
($1,000), or both. |
SECTION 12. Section 42-64.14-5 of the General Laws in Chapter 42-64.14 entitled "The |
I-195 Redevelopment Act of 2011" is hereby amended to read as follows: |
42-64.14-5. The I-195 redevelopment district created. |
(a) The I-195 redevelopment district is hereby constituted as an independent public |
instrumentality and body corporate and politic for the purposes set forth in this chapter with a |
separate legal existence from the city of Providence and from the state and the exercise by the |
commission of the powers conferred by this chapter shall be deemed and held to be the |
performance of an essential public function. The boundaries of the district are established in § 37- |
5-8. However, parcels P2 and P4, as delineated on that certain plan of land captioned |
"Improvements to Interstate Route 195, Providence, Rhode Island, Proposed Development Parcel |
Plans 1 through 10, Scale: 1" =20', May 2010, Bryant Associates, Inc., Engineers-Surveyors- |
Construction Managers, Lincoln, RI, Maguire Group, Inc., Architects/Engineers/Planners, |
Providence, RI," shall be developed and continued to be used as parks or park supporting activity; |
provided, however, the commission may, from time to time, pursuant to action taken at a meeting |
of the commission in public session, adjust the boundaries of parcel P4 provided that at all times |
parcel P4 shall contain no fewer than one hundred eighty-six thousand one hundred eighty-six |
square feet (186,186 ft2) of land and provided, further, that the city of Providence shall not be |
responsible for the upkeep of the parks unless a memorandum of understanding is entered into |
between the commission or the state and the city of Providence that grants full funding to the city |
for that purpose. |
(b) The I-195 redevelopment district commission established in this chapter shall oversee, |
plan, implement, and administer the development of the areas within the district consistent with |
and subject to the city of Providence comprehensive plan adopted by the city pursuant to § 45-22- |
2.1 45-22.2-1 et seq. and the city of Providence zoning ordinances pursuant to § 45-24-27 et seq. |
as previously enacted by the city of Providence, and as may be enacted and/or amended from |
time to time through July 1, 2012, or enacted and/or mended thereafter with the consent of the |
commission. |
(c) The city of Providence shall not be required to install or pay for the initial installation |
of any public or private utility infrastructure within the district. |
(d) It is the intent of the general assembly by the passage of this chapter to vest in the |
commission all powers, authority, rights, privileges, and titles that may be necessary to enable it |
to accomplish the purposes herein set forth, and this chapter and the powers granted hereby shall |
be liberally construed in conformity with those purposes. |
SECTION 13. Section 44-18-15 of the General Laws in Chapter 44-18 entitled "Sales |
and Use Taxes - Liability and Computation" is hereby amended to read as follows: |
44-18-15. "Retailer" defined. |
(a) "Retailer" includes: |
(1) Every person engaged in the business of making sales at retail, including prewritten |
computer software delivered electronically or by load and leave, vendor-hosted prewritten |
computer software, sales of services as defined in § 44-18-7.3, and sales at auction of tangible |
personal property owned by the person or others. |
(2) Every person making sales of tangible personal property, including prewritten |
computer software delivered electronically or by load and leave or vendor-hosted prewritten |
computer software or sales of services as defined in § 44-18-7.3, through an independent |
contractor or other representative, if the retailer enters into an agreement with a resident of this |
state, under which the resident, for a commission or other consideration, directly or indirectly |
refers potential customers, whether by a link on an internet website or otherwise, to the retailer, |
provided the cumulative gross receipts from sales by the retailer to customers in the state who are |
referred to the retailer by all residents with this type of an agreement with the retailer, is in excess |
of five thousand dollars ($5,000) during the preceding four (4) quarterly periods ending on the |
last day of March, June, September, and December. Such retailer shall be presumed to be |
soliciting business through such the independent contractor or other representative, which |
presumption may be rebutted by proof that the resident with whom the retailer has an agreement |
did not engage in any solicitation in the state on behalf of the retailer that would satisfy the nexus |
requirement of the United States Constitution during such four (4) quarterly periods. |
(3) Every person engaged in the business of making sales for storage, use, or other |
consumption of: (i) tangible Tangible personal property, (ii) sales Sales at auction of tangible |
personal property owned by the person or others, (iii) prewritten Prewritten computer software |
delivered electronically or by load and leave, (iv) vendor Vendor-hosted prewritten computer |
software, and (v) services Services as defined in § 44-18-7.3. |
(4) A person conducting a horse race meeting with respect to horses, which are claimed |
during the meeting. |
(5) Every person engaged in the business of renting any living quarters in any hotel as |
defined in § 42-63.1-2, rooming house, or tourist camp. |
(6) Every person maintaining a business within or outside of this state who engages in the |
regular or systematic solicitation of sales of tangible personal property, prewritten computer |
software delivered electronically or by load and leave, or vendor-hosted prewritten computer |
software in this state by means of: |
(i) Advertising in newspapers, magazines, and other periodicals published in this state, |
sold over the counter in this state or sold by subscription to residents of this state, billboards |
located in this state, airborne advertising messages produced or transported in the airspace above |
this state, display cards and posters on common carriers or any other means of public conveyance |
incorporated or operated primarily in this state, brochures, catalogs, circulars, coupons, |
pamphlets, samples, and similar advertising material mailed to, or distributed within this state to |
residents of this state; |
(ii) Telephone; |
(iii) Computer assisted shopping networks; and |
(iv) Television, radio, or any other electronic media, which that is intended to be |
broadcast to consumers located in this state. |
(b) When the tax administrator determines that it is necessary for the proper |
administration of chapters 18 and 19 of this title to regard any salespersons, representatives, |
truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers, |
or persons under whom they operate or from whom they obtain the tangible personal property |
sold by them, irrespective of whether they are making sales on their own behalf or on behalf of |
the dealers, distributors, supervisors, or employers, the tax administrator may so regard them and |
may regard the dealers, distributors, supervisors, or employers as retailers for purposes of |
chapters 18 and 19 of this title. |
SECTION 14. Section 44-31.2-2 of the General Laws in Chapter 44-31.2 entitled |
"Motion Picture Production Tax Credits" is hereby amended to read as follows: |
44-31.2-2. Definitions. |
For the purposes of this chapter: |
(1) "Accountant's certification" as provided in this chapter means a certified audit by a |
Rhode Island certified public accountant licensed in accordance with chapter 3.1 of title 5. |
(2) "Application year" means within the calendar year the motion picture production |
company files an application for the tax credit. |
(3) "Base investment" means the actual investment made and expended by a state- |
certified production in the state as production-related costs. |
(4) "Documentary production" means a non-fiction production intended for educational |
or commercial distribution that may require out-of-state principal photography. |
(5) "Domiciled in Rhode Island" means a corporation incorporated in Rhode Island or a |
partnership, limited-liability company, or other business entity formed under the laws of the state |
of Rhode Island for the purpose of producing motion pictures as defined in this section, or an |
individual who is a domiciled resident of the state of Rhode Island as defined in chapter 30 of this |
title. |
(6) "Final production budget" means and includes the total pre-production, production, |
and post-production out-of-pocket costs incurred and paid in connection with the making of the |
motion picture. The final production budget excludes costs associated with the promotion or |
marketing of the motion picture. |
(7) "Motion picture" means a feature-length film, documentary production, video, |
television series, or commercial made in Rhode Island, in whole or in part, for theatrical or |
television viewing or as a television pilot or for educational distribution. The term "motion |
picture" shall not include the production of television coverage of news or athletic events, or |
reality television show(s), nor shall it apply to any film, video, television series, or commercial or |
a production for which records are required under 18 U.S.C. § 2257, to be maintained with |
respect to any performer in such production or reporting of books, films, etc. or other works or |
materials with respect to sexually explicit conduct. |
(8) "Motion picture production company" means a corporation, partnership, limited- |
liability company, or other business entity engaged in the business of producing one or more |
motion pictures as defined in this section. Motion picture production company shall not mean or |
include: |
(a) Any company owned, affiliated, or controlled, in whole or in part, by any company or |
person who or that is in default: |
(i) On taxes owed to the state; or |
(ii) On a loan made by the state in the application year; or |
(iii) On a loan guaranteed by the state in the application year; or |
(b) Any company that or person who or that has discharged an obligation to pay or |
repay public funds or monies by: |
(i) Filing a petition under any federal or state bankruptcy or insolvency law; |
(ii) Having a petition filed under any federal or state bankruptcy or insolvency law |
against such company or person; |
(iii) Consenting to, or acquiescing or joining in, a petition named in (i) or (ii); |
(iv) Consenting to, or acquiescing or joining in, the appointment of a custodian, receiver, |
trustee, or examiner for such the company's or person's property; or |
(v) Making an assignment for the benefit of creditors or admitting in writing or in any |
legal proceeding its insolvency or inability to pay debts as they become due. |
(9) "Primary locations" means the locations that: (1) At least fifty-one percent (51%) of |
the motion picture principal photography days are filmed; or (2) At least fifty-one percent (51%) |
of the motion picture's final production budget is spent and employs at least five (5) individuals |
during the production in this state; or (3) For documentary productions, the location of at least |
fifty-one percent (51%) of the total productions days, which shall include pre-production and |
post-production locations. |
(10) "Rhode Island film and television office" means an office within the Rhode Island |
Council on the Arts that has been established in order to promote and encourage the locating of |
film and television productions within the state of Rhode Island. The office is also referred to |
within as the "film office". |
(11) "State-certified production" means a motion picture production approved by the |
Rhode Island film office and produced by a motion picture production company domiciled in |
Rhode Island, whether or not such the company owns or controls the copyright and distribution |
rights in the motion picture; provided, that such the company has either: |
(a) Signed a viable distribution plan; or |
(b) Is producing the motion picture for: |
(i) A major motion picture distributor; |
(ii) A major theatrical exhibitor; |
(iii) Television network; or |
(iv) Cable television programmer. |
(12) "State-certified production cost" means any pre-production, production, and post- |
production cost that a motion picture production company incurs and pays to the extent it occurs |
within the state of Rhode Island. Without limiting the generality of the foregoing, "state-certified |
production costs" include: set construction and operation; wardrobes, make-up, accessories, and |
related services; costs associated with photography and sound synchronization, lighting, and |
related services and materials; editing and related services, including, but not limited to: film |
processing, transfers of film to tape or digital format, sound mixing, computer graphics services, |
special effects services, and animation services, salary, wages, and other compensation, including |
related benefits, of persons employed, either directly or indirectly, in the production of a film |
including writer, motion picture director, producer (provided the work is performed in the state of |
Rhode Island); rental of facilities and equipment used in Rhode Island; leasing of vehicles; costs |
of food and lodging; music, if performed, composed, or recorded by a Rhode Island musician, or |
released or published by a person domiciled in Rhode Island; travel expenses incurred to bring |
persons employed, either directly or indirectly, in the production of the motion picture, to Rhode |
Island (but not expenses of such persons departing from Rhode Island); and legal (but not the |
expense of a completion bond or insurance and accounting fees and expenses related to the |
production's activities in Rhode Island);, provided such services are provided by Rhode Island |
licensed attorneys or accountants. |
SECTION 15. Section 47-8-1 of the General Laws in Chapter 47-8 entitled "Gasoline and |
Petroleum Products" is hereby amended to read as follows: |
47-8-1. Testing of measuring devices -- Forbidding use -- Fee. |
(a) The director of the department of labor and training is hereby authorized and directed |
to have tested all gasoline measuring devices used in the sale of gasoline, from time to time, as in |
his or her judgment it may be deemed necessary, to prevent fraud or deception in the use of these |
devices or to ensure the accurate measurement of gasoline in the sale. |
(b) Any town or city sealer of weights, measures, and balances shall have authority to |
condemn and forbid the use of any gasoline measuring device for the sale of gasoline in his or her |
respective town or city, or until the device has been duly tried and sealed, or until the gasoline |
measuring device has been equipped with such an attachment, contrivance, or apparatus as will |
ensure the correct and proper functioning of the measuring device for the sale of the gasoline by |
accurate measurement. |
(c) [As amended by P.L. 2018, ch. 211, § 2.] The sealer of weights and measures in |
any town or city shall receive the same fee as any state sealer, appointed by the state, as set |
forth in § 47-1-5.1, except in the city of Providence where the sealer shall have the authority |
to remove and replace any lead seal on any gasoline measuring device and to charge an |
additional fee of five dollars ($5.00) for that service. |
(c) [As amended by P.L. 2018, ch. 272, § 2.] The sealer of weights and measures in any |
town or city shall receive the same fee as any state sealer, approved by the state, as stated in § 47- |
1-5.1, except in the city of Providence where the sealer shall have the authority to remove and |
replace any lead seal on any gasoline measuring device and to charge an additional fee of five |
dollars ($5.00) for that service. |
SECTION 16. Sections 1-31 of Article I of this act shall take effect on December 31, |
2019. Sections 1-15 of Article II of this act shall take effect upon passage. |
======== |
LC002776 |
======== |