2021 -- S 0791 SUBSTITUTE A AS AMENDED | |
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LC002611/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY - LICENSING OF HEALTH CARE FACILITIES | |
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Introduced By: Senators Goodwin, Quezada, Bell, Mack, and Ciccone | |
Date Introduced: April 08, 2021 | |
Referred To: Senate Education | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 23-17 of the General Laws entitled "Licensing of Healthcare |
2 | Facilities" is hereby amended by adding thereto the following section: |
3 | 23-17-4.1. Rules and regulations for school-based health centers. |
4 | (a) On or before January 1, 2022, the department of health shall promulgate rules and |
5 | regulations for the specific licensing and operation of school-based health centers in elementary |
6 | and secondary schools. All school-based health centers as defined in § 23-17-2 shall be licensed |
7 | and operated pursuant to a school-based health center license. |
8 | (b) The rules and regulations promulgated by the department pursuant to the provisions of |
9 | this section shall include, but not be limited to, requirements for adequate and appropriate staffing |
10 | to include a requirement for a certified nurse-teacher to be employed and present in any elementary |
11 | or secondary school with a school-based health center on site and for the establishment of standards |
12 | of care and adequate supervision and management of staff. |
13 | (c) Pursuant to rules and regulations promulgated pursuant to the provisions of this section, |
14 | every entity applying to be licensed as a school-based health center in an elementary or secondary |
15 | school shall be responsible for: |
16 | (1) Developing and implementing a staffing/personnel plan that includes the school's |
17 | certified nurse-teacher as a primary source of patient referrals, and articulates the role of the |
18 | certified nurse-teacher in student and family communication, care coordination and delivery of |
19 | services to students; and |
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1 | (2) Submitting for review by the department of health, any written agreements, memoranda |
2 | of understanding and/or other terms and conditions agreed to between the health care facility or the |
3 | entity operating the health care facility and the school district and/or collective bargaining agent. |
4 | (d) The department shall not issue licenses for school-based health centers or any other |
5 | health care facilities to be located in elementary or secondary schools until rules and regulations |
6 | are promulgated pursuant to the provisions of this section. |
7 | SECTION 2. Section 23-17-2 of the General Laws in Chapter 23-17 entitled "Licensing of |
8 | Healthcare Facilities" is hereby amended to read as follows: |
9 | 23-17-2. Definitions. |
10 | As used in this chapter: |
11 | (1) "Affiliate" means a legal entity that is in control of, is controlled by, or is in common |
12 | control with another legal entity. |
13 | (2) "Alzheimer's dementia special-care unit or program" means a distinct living |
14 | environment within a nursing facility that has been physically adapted to accommodate the |
15 | particular needs and behaviors of those with dementia. The unit provides increased staffing; |
16 | therapeutic activities designed specifically for those with dementia; and trains its staff on an |
17 | ongoing basis on the effective management of the physical and behavioral problems of those with |
18 | dementia. The residents of the unit/program have had a standard, medical-diagnostic evaluation |
19 | and have been determined to have a diagnosis of Alzheimer's dementia or another dementia. |
20 | (3) "Certified nurse-teacher" means those personnel certified by the department of |
21 | elementary and secondary education and employed pursuant to the provisions of §§ 16-21-7 and |
22 | 16-21-8. |
23 | (3)(4)(i) "Change in operator" means a transfer by the governing body or operator of a |
24 | healthcare facility to any other person (excluding delegations of authority to the medical or |
25 | administrative staff of the facility) of the governing body's authority to: |
26 | (A) Hire or fire the chief executive officer of the healthcare facility; |
27 | (B) Maintain and control the books and records of the healthcare facility; |
28 | (C) Dispose of assets and incur liabilities on behalf of the healthcare facility; or |
29 | (D) Adopt and enforce policies regarding operation of the healthcare facility. |
30 | (ii) This definition is not applicable to circumstances wherein the governing body of a |
31 | healthcare facility retains the immediate authority and jurisdiction over the activities enumerated |
32 | in subdivisions (3)(i)(A) -- (3)(i)(D). |
33 | (4)(5) "Change in owner" means: |
34 | (i) In the case of a healthcare facility that is a partnership, the removal, addition, or |
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1 | substitution of a partner that results in a new partner acquiring a controlling interest in the |
2 | partnership; |
3 | (ii) In the case of a healthcare facility that is an unincorporated, solo proprietorship, the |
4 | transfer of the title and property to another person; |
5 | (iii) In the case of a healthcare facility that is a corporation: |
6 | (A) A sale, lease exchange, or other disposition of all, or substantially all, of the property |
7 | and assets of the corporation; or |
8 | (B) A merger of the corporation into another corporation; or |
9 | (C) The consolidation or two (2) or more corporations, resulting in the creation of a new |
10 | corporation; or |
11 | (D) In the case of a healthcare facility that is a business corporation, any transfer of |
12 | corporate stock that results in a new person acquiring a controlling interest in the corporation; or |
13 | (E) In the case of a healthcare facility that is a nonbusiness corporation, any change in |
14 | membership that results in a new person acquiring a controlling vote in the corporation. |
15 | (5)(6) "Clinician" means a physician licensed under chapter 37 of title 5; a nurse licensed |
16 | under chapter 34 of title 5; a psychologist licensed under chapter 44 of title 5; a social worker |
17 | licensed under chapter 39.1 of title 5; a physical therapist licensed under chapter 40 of title 5; and |
18 | a speech language pathologist or audiologist licensed under chapter 48 of title 5. |
19 | (6)(7) "Director" means the director of the Rhode Island state department of health. |
20 | (7)(8) "Freestanding emergency-care facility" means an establishment, place, or facility |
21 | that may be a public or private organization, structurally distinct and separate from a hospital; |
22 | staffed, equipped, and operated to provide prompt, emergency medical care. For the purposes of |
23 | this chapter, "emergency medical care" means services provided for a medical condition or |
24 | behavioral-health condition that is manifested by symptoms of sufficient severity that, in the |
25 | absence of immediate medical attention, could result in harm to the person or others; serious |
26 | impairment to bodily functions; serious dysfunction of any bodily organ or part; or development or |
27 | continuance of severe pain. |
28 | (8)(9) "Healthcare facility" means any institutional health-service provider, facility, or |
29 | institution, place, building, agency, or portion thereof, whether a partnership or corporation, |
30 | whether public or private, whether organized for profit or not, used, operated, or engaged in |
31 | providing healthcare services, including, but not limited to: hospitals; nursing facilities; home |
32 | nursing-care provider (which shall include skilled nursing services and may also include activities |
33 | allowed as a home-care provider or as a nursing service agency); home-care provider (which may |
34 | include services such as personal care or homemaker services); rehabilitation centers; kidney |
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1 | disease treatment centers; health maintenance organizations; freestanding emergency-care facilities |
2 | as defined in this section, and facilities providing surgical treatment to patients not requiring |
3 | hospitalization (surgi-centers); hospice care, and physician ambulatory-surgery centers and |
4 | podiatry ambulatory-surgery centers providing surgical treatment. The term "health-care facility" |
5 | also includes organized ambulatory-care facilities that are not part of a hospital but that are |
6 | organized and operated to provide healthcare services to outpatients, such as: central-services |
7 | facilities serving more than one healthcare facility or healthcare provider; treatment centers; |
8 | diagnostic centers; outpatient clinics; infirmaries and health centers; school-based health centers, |
9 | and neighborhood health centers. The term "healthcare facility" also includes a mobile, health- |
10 | screening vehicle as defined in this section. The term "healthcare facility" shall not apply to |
11 | organized, ambulatory-care facilities owned and operated by professional service corporations as |
12 | defined in chapter 5.1 of title 7, as amended (the "professional service corporation law"), or to a |
13 | practitioner's (physician, dentist, or other healthcare provider) office or group of practitioners' |
14 | offices (whether owned and/or operated by a hospital or an affiliate of a hospital or an individual |
15 | practitioner, alone or as a member of a partnership, professional service corporation, organization, |
16 | or association); provided, however, notwithstanding any other provision herein or in the general |
17 | laws, any hospital or any affiliate of a hospital that owns and/or operates a practitioner's office shall |
18 | ensure that such practitioner's office complies with licensing or accreditation requirements that may |
19 | be applicable to the practitioner's office. Individual categories of healthcare facilities shall be |
20 | defined in rules and regulations promulgated by the licensing agency with the advice of the health |
21 | services council. Rules and regulations concerning hospice care shall be promulgated with regard |
22 | to the "Standards of a Hospice Program of Care," promulgated by the National Hospice |
23 | Organization. Any provider of hospice care who provides hospice care without charge shall be |
24 | exempt from the licensing provisions of this chapter but shall meet the "Standards of a Hospice |
25 | Program of Care." Facilities licensed by the department of behavioral healthcare, developmental |
26 | disabilities and hospitals and the department of human services, and clinical laboratories licensed |
27 | in accordance with chapter 16.2 of this title, as well as Christian Science institutions (also known |
28 | as Christian Science Nursing Facilities) listed and certified by the Commission for Accreditation |
29 | of Christian Science Nursing Organizations/Facilities, Inc. shall not be considered health-care |
30 | facilities for purposes of this chapter. |
31 | (9)(10) "Homemaker," or however else called, means a trained, non-professional worker |
32 | who performs related housekeeping services in the home for the sick, disabled, dependent, or |
33 | infirm, and as further defined by regulation; the director shall establish criteria for training. |
34 | (10)(11) "Hospital" means a person or governmental entity licensed in accordance with this |
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1 | chapter to establish, maintain, and operate a hospital. |
2 | (11)(12) "Licensing agency" means the Rhode Island state department of health. |
3 | (12)(13) "Medical services" means any professional services and supplies rendered by, or |
4 | under the direction of, persons duly licensed under the laws of this state to practice medicine, |
5 | surgery, or podiatry that may be specified by any medical service plan. Medical service shall not |
6 | be construed to include hospital services. |
7 | (13)(14) "Mobile, health-screening vehicle" means a mobile vehicle, van, or trailer that |
8 | delivers primary and preventive healthcare screening services, and: |
9 | (i) Does not maintain active contracts or arrangements with any health insurer subject to |
10 | regulation under chapter 20 or 42 of title 27; |
11 | (ii) Does not maintain active contracts or arrangements with another licensed healthcare |
12 | facility as that term is defined within this section; and |
13 | (iii) Does not provide medical services free of charge. |
14 | (14)(15) "Non-English speaker" means a person who cannot speak or understand, or has |
15 | difficulty in speaking or understanding, the English language, because he/she uses only, or |
16 | primarily, a spoken language other than English, and/or a person who uses a sign language and |
17 | requires the use of a sign-language interpreter to facilitate communication. |
18 | (15)(16) "Person" means any individual, trust or estate, partnership, corporation (including |
19 | associations, joint stock companies, and insurance companies), state, or political subdivision or |
20 | instrumentality of a state. |
21 | (16)(17) "Physician ambulatory-surgery center" means an office, or portion of an office, |
22 | that is utilized for the purpose of furnishing surgical services to the owner and/or operator's own |
23 | patients on an ambulatory basis, and shall include both single-practice, physician ambulatory- |
24 | surgery centers and multi-practice, physician ambulatory-surgery centers. A "single-practice, |
25 | physician ambulatory-surgery center" is a physician ambulatory center owned and/or operated by |
26 | a physician-controlled professional service corporation as defined in chapter 5.1 of title 7 (the |
27 | "professional service corporation law"), or a physician-controlled limited-liability company (as |
28 | defined in chapter 16 of title 7 (the "limited liability company act")) in which no physician is an |
29 | officer, shareholder, director, or employee of any other corporation engaged in the practice of the |
30 | same profession, or a private physician's office (whether owned and/or operated by an individual |
31 | practitioner, alone or as a member of a partnership, professional service corporation, limited- |
32 | liability company, organization, or association). A "multi-practice, physician ambulatory-surgery |
33 | center" is a physician ambulatory-surgery center owned and/or operated by a physician-controlled |
34 | professional service corporation (as defined in the professional service corporation law) or a |
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1 | physician-controlled limited-liability company (as defined in the limited liability company act) in |
2 | which a physician is also an officer, shareholder, director, or employee of another corporation |
3 | engaged in the practice of the same profession, or a group of physicians' offices (whether owned |
4 | and/or operated by an individual practitioner, alone or as a member of a partnership, professional |
5 | service corporation, limited-liability company, organization, or association). |
6 | (17)(18) "Podiatry ambulatory-surgery center" means an office or portion of an office that |
7 | is utilized for the purpose of furnishing surgical services to the owner and/or operator's own patients |
8 | on an ambulatory basis, and shall include both single-practice, podiatry ambulatory-surgery centers |
9 | and multi-practice podiatry ambulatory-surgery centers. A "single-practice podiatry ambulatory- |
10 | surgery center" is a podiatry ambulatory center owned and/or operated by a podiatrist-controlled |
11 | professional service corporation (as defined in chapter 5.1 of title 7 (the "professional service |
12 | corporation law")), or a podiatrist-controlled limited-liability company (as defined in chapter 16 of |
13 | title 7 (the "limited liability company act")) in which no podiatrist is an officer, shareholder, |
14 | director, or employee of any other corporation engaged in the practice of the same profession, or |
15 | a private podiatrist's office (whether owned and/or operated by an individual practitioner, alone or |
16 | as a member of a partnership, professional service corporation, limited-liability company, |
17 | organization, or association). A "multi-practice, podiatry ambulatory-surgery center" is a podiatry |
18 | ambulatory-surgery center owned and/or operated by a podiatry-controlled professional service |
19 | corporation (as defined in the professional service corporation law) or a podiatry-controlled, |
20 | limited-liability company (as defined in the limited liability company act) in which a podiatrist is |
21 | also an officer, shareholder, director, or employee of another corporation engaged in the practice |
22 | of the same profession, or a group of podiatrists' offices (whether owned and/or operated by a an |
23 | individual practitioner, alone or as a member of a partnership, professional service corporation, |
24 | limited-liability company, organization, or association). |
25 | (18)(19) "Qualified interpreter" means a person who, through experience and/or training, |
26 | is able to translate a particular foreign language into English, with the exception of sign-language |
27 | interpreters who must be licensed in accordance with chapter 71 of title 5. |
28 | (19)(20) "Qualified sign-language interpreter" means one who has been licensed in |
29 | accordance with the provisions of chapter 71 of title 5. |
30 | (20)(21) "School-based health center" means a facility located in an elementary or |
31 | secondary school licensed as a school-based health center that delivers primary and/or preventive |
32 | healthcare services to individuals to include, but not be limited to, to students on site. |
33 | SECTION 3. Sections 16-21-7 and 16-21-8 of the General Laws in Chapter 16-21 entitled |
34 | "Health and Safety of Pupils" are hereby amended to read as follows: |
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1 | 16-21-7. School health. |
2 | (a) All schools that are approved for the purpose of §§ 16-19-1 and 16-19-2 shall have a |
3 | school health program that shall be approved by the state director of the department of health and |
4 | the commissioner of elementary and secondary education or the commissioner of higher education, |
5 | as appropriate. The program shall provide for the organized direction and supervision of a healthful |
6 | school environment, health education, and services. The program shall include and provide, within |
7 | and consistent with existing school facilities, for the administration of nursing care by certified |
8 | nurse teachers, as defined in § 16-21-8, as shall be requested, in writing, by the attending physician |
9 | of any student and authorized, in writing, by the parent or legal guardian of the student. No |
10 | instruction in the characteristics, symptoms, and the treatment of disease shall be given to any child |
11 | whose parent or guardian shall present a written statement signed by them stating that the |
12 | instructions should not be given the child because of religious beliefs. |
13 | (b) [Deleted by P.L. 2016, ch. 529, § 1]. |
14 | (c) All Rhode Island elementary, middle, and high schools that sell or distribute |
15 | competitive foods and beverages on the school campus during the school day shall be required to |
16 | offer only healthy foods and beverages as set forth by the United States Department of Agriculture |
17 | under the Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296, 42 U.S.C. § 1758 et seq., |
18 | and federal regulations implementing the act promulgated pursuant to the provisions of 42 U.S.C. |
19 | § 1779(b). Provided, the Rhode Island board of education or local school committees may adopt |
20 | more restrictive policies than the ones referenced herein. |
21 | (d) Schools may permit the sale of beverages and snacks that do not comply with subsection |
22 | (c) as part of school fundraising in any of the following circumstances: |
23 | (1) The sale of those items takes place off and away from the school campus. |
24 | (2) The sale of those items takes place after the end of the school day as defined in |
25 | subsection (g). |
26 | (3) Career and technical schools with culinary arts or food-service programs may request |
27 | an exemption from the department of elementary and secondary education to enable the limited |
28 | sale of non-compliant snacks and beverages that have been prepared by culinary students as part of |
29 | their curriculum. No specially exempted fundraiser foods or beverages may be sold in competition |
30 | with school meals during the meal service. |
31 | (e) The department of elementary and secondary education shall post on its website |
32 | resources to assist school districts with implementation of this section. |
33 | (f) The department of elementary and secondary education shall develop a process to |
34 | monitor compliance with this section. |
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1 | (g) Definitions. As used in this section: |
2 | (1) "Competitive foods" means all foods and beverages, other than meals reimbursed under |
3 | the Richard B. Russell National School Lunch Act (42 U.S.C. § 1751 et seq.) and the Child |
4 | Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), available for sale to students on the school campus |
5 | during the school day. |
6 | (2) "School campus" means all areas of the property under the jurisdiction of the school |
7 | that are accessible to students during the school day. |
8 | (3) "School day" means the period from midnight before, to sixty (60) minutes after, the |
9 | end of the official school day. |
10 | (h) The standards set forth and referenced in this section shall apply throughout the entire |
11 | school campus, including, but not limited to, a la carte food sale, school stores, vending machines, |
12 | and fundraisers held during the school day. |
13 | 16-21-8. Certified nurse-teacher. |
14 | (a) Each school system shall employ certified nurse-teacher personnel certified by the state |
15 | department of elementary and secondary education; provided, however, that this section shall not |
16 | apply to those school districts which are currently allowed to share certified nurse-teacher personnel |
17 | by the department of elementary and secondary education. The school health program as defined |
18 | in § 16-21-7 shall only be staffed by certified personnel. |
19 | (b) Each elementary or secondary school with a school-based health center on site shall |
20 | employ or have on staff certified nurse-teacher personnel certified by the state department of |
21 | elementary and secondary education to be on site and/or available for consultation, at a minimum, |
22 | during the school-based health center hours of operation. |
23 | SECTION 4. This act shall take effect upon passage. |
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LC002611/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY - LICENSING OF HEALTH CARE FACILITIES | |
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1 | This act would require the department of health to promulgate rules and regulations by |
2 | January 1, 2022 for the licensing and operation of school-based health centers operating in |
3 | elementary and secondary schools. The act further provides that school-based health centers in |
4 | elementary and secondary schools employ a certified nurse-teacher. |
5 | This act would take effect upon passage. |
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LC002611/SUB A | |
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