2021 Annual Report

 

 

 

1)

Section

Amended Chapter Numbers:

 

1-2-1.1

32 and 36

 

 

1-2-1.1. Powers relating to vehicular traffic accessing airport facilities -- Rhode Island

T.F. Green International Airport.

     (a) (1) The Rhode Island airport corporation is authorized:

     (i) To impose charges on customers of rental companies, as defined in § 31-34.1-1, who

directly or indirectly use Warwick Station or the T.F. Green state airport Rhode Island T.F. Green

International Airport, at the rates that the Rhode Island airport corporation may deem necessary to

provide adequate revenue to pay all costs of constructing, reconstructing, expanding, reconfiguring,

operating, and maintaining Warwick Station regardless of whether those charges may have an

anticompetitive effect; and

     (ii) To regulate the access of vehicular traffic to airport properties including by excluding

one or more classes of vehicular traffic from accessing portions of airport roadways, parking lots,

curbsides, and other vehicular facilities.

     (2) Nothing in this section shall be construed to limit the authority of Rhode Island airport

corporation to impose other fees, charges, rates, or rentals including any other fees, charges, rates,

or rentals imposed on rental companies or to adopt other regulations.

     (b) All customer facility charges collected under the authority of paragraph subsection

(a)(1)(i) of this section and all customer facility charges collected by any rental company from

customers under color of those provisions, or pursuant to regulations adopted by the airport

corporation, constitute a trust fund for the airport corporation until paid. That trust is enforceable

against: (1) the The rental company; (2) any Any officer, agent, servant, or employee of any rental

company responsible for either the collection or payment, or both, of the customer facility charge;

(3) any Any person receiving any part of the fund without consideration, or knowing that the rental

company or any officer, agent, servant, or employee of any rental company is committing a breach

of trust; and (4) the The estates, heirs, and representatives of persons or entities described in

subdivisions (1) -- (3) of this subsection subsections (b)(1)-(b)(3); provided, that a customer to

whom a refund has been properly made, or any person who receives payment of a lawful obligation

of the rental company from that fund, is presumed to have received that amount in good faith and

without any knowledge of the breach of trust.

     (c) If the airport corporation or any officer of the corporation believes that the payment to

the airport corporation of the trust fund established under subsection (b) of this section will be

jeopardized by delay, neglect, or misappropriation, the airport corporation or officer shall notify

the rental company that the trust fund shall be segregated, and kept separate and apart from all other

funds and assets of the rental company and shall not be commingled with any other funds or assets.

The notice shall be given by either hand delivery or by registered mail, return receipt requested.

Within four (4) days after the sending of the notice, all of the customer facility charges which

thereafter either become collectible or are collected shall be deposited daily in any financial

institution in the state as defined in title 19 and those customer facility charges designated as a

special fund in trust for the airport corporation and payable to the airport corporation by the rental

company as trustee of that fund.

     (d) The penalty for misappropriations provided by § 44-19-37 shall apply as though that

section referred to "customer facility charge" in each place where it refers to "tax".

     (e) The provisions of subsections (b), (c), and (d) of this section are not exclusive, and are

in addition to all other remedies which the airport corporation may employ in the enforcement and

collection of customer facility charges.


 

 

 

 

2)

Section

Amended Chapter Numbers:

 

1-2-3

349 and 350

 

 

1-2-3. Acquisition of land.

     (a) The department of transportation may, with the approval of the governor, and subject

to the provisions of chapter 6 of title 37, acquire, by purchase or condemnation, any land or any

estate or interest in land, including airspace within this state that it may deem necessary for a

suitable airport or landing field, or to preserve, maintain, or restore an approach, but in no event

shall the department obligate the state in excess of the sums appropriated for that purpose. No land

or estate in this state owned and used by any railroad company shall be taken by condemnation

under this chapter until after a hearing before the public utilities administrator of this state and until

the consent of the public utilities administrator to the taking is given.

     (b) No airport, landing field, or any runway or approach zone shall be enlarged or extended

in any city or town unless the assistant director for airports, or his or her successor or other person

or officer exercising his or her functions, filed in the office of the city or town clerk of the city or

town in which the expansion is proposed a plan drawn to scale showing the existing airport and

runways, which must have been included in the federal aviation administration approved master

plan documents; the planned extensions or lengthening of the existing runways; any and all public

highways crossed by the extensions; and lots and parcels of land within a one-mile distance of the

proposed extensions; together with a delineation of any approach zone required by the extension

and an identification of every parcel of land that requiring requires a taking in order to accomplish

the extension together with a brief statement describing the work to be undertaken in extending the

runway. The plan and statement shall be filed at least twelve (12) months before any physical

construction work begins on any extension of runway or airport expansion.

     (c) The assistant director for airports shall also, at the time plans are filed with the clerk,

file a notice in a newspaper having general circulation in the city and town setting forth that the

plan has been filed in the office of the city or town clerk and giving notice to the residents of the

city or town of the proposed runway extension or airport expansion.

     (d) The plan and statement shall be open to public inspection in the office of the city or

town. A public hearing shall be held in the city or town at least six (6) months prior to any

construction on the proposed runway or airport expansion by the assistant director at the time and

place in the city or town set forth in the notice referred to in subsection (c).

     (e) The governor has the authority in any emergency declared by him or her to authorize

the enlargement or extension of any runway notwithstanding any other provision of this chapter.


 

 

 

 

 

 

 

 

 

 

 

3)

Section

Amended Chapter Numbers:

 

1-2-3.1

349 and 350

 

 

1-2-3.1.  Airport, landing field, runway, and approach defined.

     As used in this chapter:

     (1) "Airport" or "landing field" means any area of land designed and set aside for the

approach, landing, and taking off of aircraft and utilized or to be utilized in the interest of the public

for those purposes. An airport is publicly owned if the portion used for the landing and taking off

of aircraft is owned, operated, controlled, leased to or leased by the United States, or any agency

or department of the United States, this state or any other state or any municipality or other political

subdivision of this state, or any other state, or any other governmental body, public agency, or other

public corporation.

     (2) "Approach,” “approach zone,” “ approaches" means any airport land, airspace, and surfaces

as set forth by the Federal Aviation Administration and Code of Federal Regulations in Title 14

Code of Federal Regulations Part 77- Safe, Efficient Use, and Preservation of the Navigable

Airspace.

     (2)(3) "Runway" means that portion of an airport or landing field designed or set aside for

use by aircraft in landing, taking off, or taxiing or moving of aircraft on the ground. A runway shall

be construed to include any projection or extension for use as an approach zone, and approaches as

set forth in § 1-3-7.


 

 

 

 

4)

Section

Amended Chapter Numbers:

 

1-2-7

32 and  36

 

 

1-2-7. Leases, concessions, and licenses.

     (a) The department of transportation may lease any portion of any airport or landing field

owned or operated by the state or any of the buildings or structures erected on any airport or landing

field and grant concessions upon portions of any airport or landing field owned or operated by the

state for a period not exceeding five (5) years, with or without renewal options for a like period, in

the manner prescribed by § 37-7-9. Where a substantial building, renovation, improvement, or

addition to an existing building is to be constructed for any airport or aeronautical service, activity,

purpose, or function or any allied service, activity, purpose, or function, the department may lease

in the manner provided in § 37-7-9 any portion of any airport or landing field owned or operated

by the state for a period not exceeding thirty (30) years.

     (b) In all department leases, concessions, licenses, and in all landing fee schedules imposed

by the department, provisions shall be included requiring a graduated scale of payments designed

to encourage take-offs and landings between the hours of 6:30 a.m. and midnight (12:00 a.m.). Any

landings occurring after midnight (12:00 a.m.) and before 6:30 a.m. because of conditions beyond

the control of the airlines and/or aircraft operator are not subject to any additional landing fees.

     (c) The department shall include a provision in all leases, licenses, and concessions

requiring aircraft landing at Theodore Francis Green State Airport Rhode Island T.F. Green

International Airport:

     (1) To be equipped with noise and emission abatement devices as required by federal law

or regulation in effect on July 1, 1985; and

     (2) By January 1, 1989, to be equipped with noise and emission abatement devices as

contained in federal aviation regulation, part 36, noise standards: aircraft type and airworthiness

certification scheduled to take effect on January 1, 1989.


 

 

 

 

5)

Section

Amended Chapter Numbers:

 

1-2-16

32 and 36

 

 

1-2-16. Noise and emissions directives.

     The director is directed to issue operating procedures and directives requiring that aircraft

utilizing Theodore Francis Green State Airport Rhode Island T.F. Green International Airport, to

the greatest extent possible, commensurate with passenger safety and federal law and regulation,

minimize the use of reverse engine thrust employed to slow an aircraft as it lands.


 

 

 

6)

Section

Amended Chapter Numbers:

 

1-2-17

32 and 36

 

 

1-2-17. Payment for compensation for municipal services to the city of Warwick.

     The Rhode Island airport corporation, from a parking surcharge at the T.F. Green state

airport Rhode Island T.F. Green International Airport as defined by a 1988 agreement between the

state acting by and through the director of transportation and the city of Warwick, shall pay to the

city of Warwick out of the parking revenue received at T.F. Green state airport Rhode Island T.F.

Green International Airport as compensation for municipal services provided at T.F. Green state

airport Rhode Island T.F. Green International Airport a sum of not less than two hundred seventy-

five thousand dollars ($275,000) for fiscal year 1994 payable quarterly; for each fiscal year after

1994, this sum may be reviewed and/or renegotiated, or both, by the mayor of the city of Warwick

and the airport corporation, but in no event will the sum be less than five hundred thousand dollars

($500,000) in any fiscal year beginning after 1993 and before 2005, or less than seven hundred fifty

thousand dollars ($750,000) in any fiscal year beginning after 2004, provided any payments

provided or any portion of these payments is not disapproved by the F.A.A. In the event that the

FAA disapproves this payment from the airport corporation, the state shall pay to the city of

Warwick the sums of money required to insure that the city of Warwick receives five hundred

thousand dollars ($500,000).


 

 

 

7)

Section

Amended Chapter Numbers:

 

1-2-17.2

32 and 36

 

 

1-2-17.2  Municipal services at Rhode Island T.F. Green International Airport.

     (a) The municipal services to be provided to the T.F. Green airport Rhode Island T.F. Green

International Airport as referenced in § 1-2-17 shall include, but not be limited to:

     (1) Providing primary response and command for all structure fire alarms on the airport

corporation property outside the airfield, and E-911 reporting system calls for extrications,

industrial accidents, motor vehicle accidents, confined-space incidents, hazardous-material

incidents and spills outside the airfield, and secondary response to airfield incidents on Rhode

Island airport corporation property;

     (2) Responding to and providing treatment and transportation for all emergency medical

service calls on Rhode Island airport corporation property; and

     (3) Maintaining a mutual aid agreement to respond to any potential catastrophe or

emergency resulting from airport operations.

     (b) Nothing in this section shall be construed to limit the jurisdiction of the state police in

connection with response to or command of any emergency incident on the airport corporation

property.


 

 

 

 

8)

Section

Amended Chapter Numbers:

 

1-2-18

32 and 36

 

 

1-2-18. Parking fees in support of satellite airports

.

     (a) Moneys due and payable to the state from any increase in parking fees at the T.F. Green

state airport Rhode Island T.F. Green International Airport, beyond those in effect May 1, 1991,

shall be deposited in a restricted-receipt account entitled "parking fees in support of airports".

     (b) The receipts annually transferred to the account in support of the operations of airports

shall not exceed the amount approved by the general assembly. Revenues in excess of the amount

approved by the general assembly for expenditures shall be recorded as general revenue of the state

and transferred to the general fund.


 

 

 

9)

Section

Amended Chapter Numbers:

 

1-2-21

32 and 36

 

 

1-2-21. Payment for compensation for municipal services to state airports.

     (a) The Rhode Island airport corporation shall, subject to the approval of the Federal

Aviation Administration, reimburse any municipality for the cost of municipal services provided

by the municipality at any airport constructed or operated by the state upon receipt of appropriate

documentation from the municipality in accordance with the requirements of the Federal Aviation

Administration's Policy and Procedures Concerning the Use of Airport Revenue, Section V

(Permitted Uses of Airport Revenue). D. Standard of Documentation for the Reimbursement to

Government Entities of Costs of Services and Contributions Provided to Airports 64 Fed. Reg.

7996.7719 (1999).

     (b) This section shall not apply to the city of Warwick or T.F. Green state airport Rhode

Island T.F. Green International Airport.

     (c) The municipal services to be provided to the airports as referenced in subsection (a)

shall include, but not be limited to:

     (1) Providing primary response and command for all structure fire alarms on the airport

corporation property outside the airfield and E-911 reporting system calls for extrications, industrial

accidents, motor vehicle accidents, confined-spaced incidents, hazardous-material incidents and

spills outside the airfield, and secondary response to airfield incidents on Rhode Island airport

corporation property;

     (2) Responding to and providing treatment and transportation for all emergency medical

service calls on Rhode Island airport corporation property; and

     (3) Maintaining a mutual aid agreement to respond to any potential catastrophe or

emergency resulting from airport operations.

     (d) Nothing in this section shall be construed to limit the jurisdiction of the state police in

connection with response to, or command of, any emergency incident on the airport corporation

property.


 

 

 

10)

Section

Added Chapter Numbers:

 

1-2-22

32 and 36

 

 

1-2-22. Rhode Island T.F. Green International Airport.

     The state airport located in the city of Warwick known as Theodore Francis Green state

airport or T.F. Green state airport, shall hereafter be officially named and known as "Rhode Island

T.F. Green International Airport".


 

 

 

11)

Section

Amended Chapter Numbers:

 

1-3-2

349 and 350

 

 

1-3-2. Definitions.

     As used in this chapter, unless the context otherwise requires:

     (1) "Airport" means any area of land or water, or both, designed and set aside for the

approach, landing, and taking off of aircraft and utilized or to be utilized in the interest of the public

for those purposes. An airport is "publicly owned" if the portion used for the landing and taking off

of aircraft is owned, operated, controlled, leased to or leased by the United States, or any agency

or department of the United States, this state, or any other state, or any municipality or other

political subdivision of this state, or any other state, or any other governmental body, public agency,

or other public corporation.

     (2) "Airport corporation" means the Rhode Island airport corporation.

     (3) "Airport hazard" means any electronic transmission device or structure, which that, as

determined by the federal aviation administration, interferes with radio communication between

airport and aircraft approaching or leaving the airport, or any structure or tree or use of land which

that obstructs the airspace required for the flight of aircraft in landing or taking off at any airport

or is otherwise hazardous to the landing or taking off of aircraft.

     (4) "Airport hazard area" means any area of land or water upon which an airport hazard

might be established if not prevented as provided in this chapter.

     (5) "Obstruction" means any tangible, inanimate physical object, natural or artificial,

protruding above the surface of the ground.

     (6) "Person" means any individual, firm, co-partnership, corporation, company,

association, joint stock association, or body politic, and includes any trustee, receiver, assignee or

other similar representative.

     (7) "Political subdivision" means any city or town or any other public corporation, authority

or district, department, or any combination of two (2) or more, which is currently empowered to

adopt, administer and enforce municipal zoning regulations or to purchase or condemn pursuant to

§ 1-2-3.

     (8) "Structure" means any object constructed or installed by humans, including, but without

limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or

other structures supporting the object.

     (9) "Tree" means any object of natural growth.


 

 

 

12)

Section

Amended Chapter Numbers:

 

1-3-4

349 and 350

 

 

1-3-4. Airport approach plans.

     The airport corporation shall formulate, adopt, and revise, when necessary for planning, an

airport airspace plan for each publicly owned airport in the state. Each plan shall indicate the

circumstances under which structures and trees are, or would be, airport hazards; the area within

which measures for the protection of the airport's navigable airspace, including aerial approaches,

should be taken; and what the height limits and other objectives of those measures should be. In

adopting or revising any airspace plan, the airport corporation shall consider, among other things,

the character of flying operations expected to be conducted at the airport; the traffic pattern and

regulations affecting flying operations at the airport; the nature of the terrain; the height of existing

structures and trees above the level of the airport; and the possibility of lowering or removing

existing obstructions. The airport corporation may obtain and consider the views of the agency of

the federal government charged with the fostering of civil aeronautics as to the aerial approaches

and other regulated airspace necessary to safe flying operations at the airport.


 

 

 

 

13)

Section

Amended Chapter Numbers:

 

1-5-1

32 and 36

 

 

1-5-1. Establishment and installation of aircraft operations monitoring system.

     (a) The Rhode Island airport corporation is authorized and directed to coordinate with the

federal aviation administration to complete a memorandum of agreement between the Rhode Island

airport corporation and the federal aviation administration (FAA) to provide for the continuing

acquisition of air traffic control radar records related to the operation of civil aircraft at T.F. Green

airport Rhode Island T.F. Green International Airport.

     (b) The Rhode Island airport corporation is authorized and directed to install an aircraft

operations monitoring system (AOMS) which that shall be capable of providing detailed and

summary information related to the operation of aircraft at and in the vicinity of T.F. Green airport

Rhode Island T.F. Green International Airport. The AOMS shall be capable of plotting and

displaying over area mapping the ground-projected flight tracks and related altitudes of aircraft

which that use the airport. The system shall be capable of displaying flight tracks of individually

identified aircraft based on time and location of operation. The system shall have the capability to

produce data files in both digital and hard copy format.

     (c) The AOMS shall further be capable of producing summary reports which that shall, at

a minimum:

     (1) Relate aircraft location data derived from air traffic control radar with individual

activity events, based on time and location within the airport environs;

     (2) Produce summary reports which that disclose the use of runways by type of operation

(landings or takeoffs), time of day, aircraft user group, and any other groupings which that may

from time to time become desirable at the option of the system user; and

     (3) Disclose the activity levels by aircraft types, including, but not limited to, operations

by Part 36 stage, operations by jet and propeller-powered aircraft, by air carrier or private operators,

all presented by periods of time selected by the system operator.

     (d) The AOMS reports shall be capable of expansion to provide additional data relating to

flight track or corridor utilization, air traffic fix usage, and other information which that may

become desirable as a result of noise abatement and land use compatibility planning.

     (e) The AOMS shall be procured and in effect by June 30, 1999. Provided, that if the Rhode

Island airport corporation is unable to complete a memorandum of agreement with the FAA as

provided for in subsection (a) of this section by June 30, 1999, and the inability is not due to inaction

by the corporation, then the director of the corporation may request the general assembly to extend

the June 30, 1999 date as appropriate.


 

 

 

 

14)

Section

Amended Chapter Numbers:

 

1-5-2

32 and 36

 

 

1-5-2. Copies of reports to government entities.

     The Rhode Island airport corporation will prepare a report on a quarterly basis pertaining

to the volume and quantity and flight track of air traffic at the T.F. Green airport Rhode Island T.F.

Green International Airport in the city of Warwick, occurring during each quarter being reported

on. These reports shall be submitted on a quarterly basis in each and every calendar year to: the

office of the governor; the office of the president of the senate; the office of the senate minority

leader; the office of the speaker of the house; the office of the house minority leader; and the Rhode

Island department of environmental management and the mayors of the cities of Warwick and

Cranston.

     The report will include the total number of aircraft landings and departures, by aircraft type

and time of day; an analysis of the amount of total usage of the runways during the reporting period;

actual deviation from approved Part 150 departure and arrival flight paths by percent, runway,

airline and time; and other information as may be desirable to ensure compliance with approved

noise abatement and land use compatibility plans.


 

 

 

 

15)

Section

Amended Chapter Numbers:

 

1-6-1

32 and 36

 

 

1-6-1. Definitions.

     As used in this chapter:

     (1) "Administrator" means the state tax administrator.

     (2) "District" means the Warwick airport parking district, being the district that runs from

a point on Main Avenue in the city of Warwick at the southerly boundary of T.F. Green state airport

Rhode Island T.F. Green International Airport, and westerly along Main Avenue to a point one-

third (1/3) mile west of the intersection of Main Avenue with Post Road; turning thence northerly

running along a line parallel to and one-third (1/3) mile west of Post Road to a point one mile north

of the line of Airport Road; thence turning east running along a line parallel to and one-third (1/3)

mile north of the line of Airport Road to Warwick Avenue; thence turning south along Warwick

Avenue to Airport Road; thence turning west along Airport Road to the boundary of T.F. Green

state airport Rhode Island T.F. Green International Airport; thence running southerly along the

boundary of T.F. Green state airport Rhode Island T.F. Green International Airport to the point of

beginning. If any parking facility (including entrances, driveways, or private access roads) is

constructed partly within the district as so defined, the entire facility shall be treated as though

within the district.

     (3) "Operator" means any person providing transient parking within the district.

     (4) "Permit fee" means the fee payable annually by an operator to the tax administrator in

an amount equal to ten dollars ($10.00) for each space made, or to be made, available by the

operator for transient parking during the period of a permit's effectiveness, but not more than two

hundred fifty dollars ($250) for each permit.

     (5) "Transient parking" means any parking for motor vehicles at a lot, garage, or other

parking facility within the district for which a fee is collected by the operator, but excludes:

     (i) Parking for which the fee is charged and paid on a monthly or less frequent basis;

     (ii) Parking for any employee of the operator of the facility;

     (iii) Parking provided by any hotel or motel for registered guests;

     (iv) Parking provided by validation or having a validated rate, where the person providing

the validation does not maintain a place of business at T.F. Green state airport Rhode Island T.F.

Green International Airport.

     (6) "Transient parking receipts" means the gross receipts collected by an operator

(excluding the surcharge imposed by this chapter) in consideration of the provision of transient

parking.


 

 

 

 

16)

Section

Amended Chapter Numbers:

 

1-7-1

32 and 36

 

 

1-7-1. Long-term air-quality-monitoring program.

     (a) The Rhode Island airport corporation (RIAC) shall design, acquire, install, operate, and

maintain a long-term air-quality-monitoring program in the vicinity of T.F. Green airport. Rhode

Island T.F. Green International Airport The corporation may hire a consultant to perform these

tasks.

     (b) The monitoring program shall provide for the monitoring of all of the following:

     (1) Particulate matter, including only particles less than 0.1 microns, and black carbon.

     (2) [Deleted by P.L. 2017, ch. 220, § 1 and P.L. 2017, ch. 320, § 1].

     (3) [Deleted by P.L. 2017, ch. 220, § 1 and P.L. 2017, ch. 320, § 1].

     (c) (1) The design of the monitoring program shall:

     (i) Include an implementation schedule for the components of the monitoring program set

forth in subsection (b); and

     (ii) Assure the quality and meaningfulness of the monitoring data; and

     (iii) Be set forth in a draft work plan developed, in consultation with the department of

environmental management and the department of health.

     (2) The consultation with the department of environmental management and the

department of health shall include, but not be limited to:

     (i) Ensuring that peer review is employed in the development of an air-quality-monitoring

strategy;

     (ii) Providing the corporation with unbiased reviews of current, validated scientific

knowledge relevant to air-quality monitoring and public health impacts;

     (iii) Assisting with the review of work plans and reports;

     (iv) Evaluating and comparing the corporation's proposed methodologies, quality-

assurance procedures and monitoring criteria, with other relevant monitoring efforts mandated by

either state or federal law in order to ensure consistency and comparability among the

methodologies and criteria.

     (d) The draft work plan and the final work plan shall describe and justify with reasonable

specificity all significant aspects of the monitoring program, including, but not limited to: quality

assurance procedures and a description and justification of the number, type, and location of the

ambient air-quality monitors to be installed as part of the long-term monitoring program. The

ambient air-quality monitors shall be set up in a network that shall include at least four (4)

monitoring sites and shall be designed to measure air-quality impacts from airport operations,

including those associated with planes operating on the extended runway and on neighborhoods

adjacent to the airport facility, as well as at the Winslow Park playing fields.

     (e) Notwithstanding the consultation requirement, the draft work plan shall be submitted

to the department of environmental management and the department of health within thirty (30)

days of the effective date of this section for review and comment, pursuant to chapter 35 of title 42.

The departments shall provide comments within thirty (30) days of receipt of the draft work plan.

Following the departments' review and comment period, the draft work plan shall be made available

for review and comment by members of the general public, and the air-quality-monitoring public

advisory committee, established by this chapter, pursuant to chapter 35 of title 42. Adoption of the

final work plan by the corporation shall be in accordance with chapter 35 of title 42. The final work

plan shall be submitted to the governor, the speaker of the house of representatives, and the

president of the senate by the corporation no later than October 30, 2007.

     (f) The final work plan and all revised final work plans shall include a reasonable

evaluation of funding sources, such as federal grants, that may be available to the corporation to

cover some or all of the costs of the air-quality monitoring.

     (g) Amendments to the final work plan may be proposed by the corporation in consultation

with the department of environmental management and the department of health on or before

March 30, 2009, and every March 30, thereafter. Amendments to the final work plan may also be

proposed by the department of environmental management, the department of health, and/or the

air-quality-monitoring public advisory committee on or before January 31, 2009, and every January

31, thereafter. Any proposed amendments to the final work plan shall be available for review and

comment by members of the general public, and the air-quality-monitoring public advisory

committee established by this chapter, pursuant to chapter 35 of title 42. The purposes of proposed

amendments to the final work plan are: (1) To allow the corporation, in consultation with the

department of environmental management and the department of health, to consider any

adaptations that may be indicated by the data collected from the previous year, including whether

new monitoring technologies, methodologies, or criteria are necessary; and (2) To make necessary

adjustments to the program based on changes to state and/or federal regulations, or both. Any

proposed amendments to the final work plan shall be incorporated into a "revised [as of this date]

final work plan" document, upon approval of the corporation, and shall be submitted to the

governor, the speaker of the house of representatives, and the president of the senate by the

corporation no later than January 1 of each year.

     (h) Long-term air-quality monitors will be procured and in effect by December 30, 2007.

Interim monitoring shall be performed until such time as the long-term monitoring program is in

place, and the use of all data generated therefrom shall conform with the reporting requirements set

forth in § 1-7-6(b).


 

 

 

17)

Section

Amended Chapter Numbers:

 

1-7-2

32 and 36

 

 

1-7-2. Legislative findings.

     The general assembly hereby finds and declares as follows:

     (a) T.F. Green airport Rhode Island T.F. Green International Airport is located in a densely

populated, primarily residential area of the city of Warwick.

     (b) Many of the airport operations and activities result in emissions of a number of air

pollutants, which that may be harmful to public health.

     (c) Emissions of concern include, but are not limited to, those associated with "take-off"

and "landing" activities of aircraft and emissions associated with the use of diesel engine ground

support equipment.

     (d) A long-term air-quality monitoring program is necessary to collect the data needed to

evaluate the impact of the airport emissions on air quality and public health.


 

 

 

18)

Section

Amended Chapter Numbers:

 

1-7-9

225 and 326

 

 

1-7-9. Monitoring actions required and compliance -- Sunset provision.

     (a) On or before January 31, 2017, and on or before January 31, 2018, and January 31,

2019, thereafter, the department of environmental management, the department of health, and the

attorney general shall submit to the governor, the speaker of the house, and the president of the

senate, recommendations as to the continuation of the air monitoring required in this act.

     (b) Unless extended by the general assembly, the corporation's obligation to operate and

maintain the air monitoring system will cease on July 31, 2021 2023; provided, this sunset date

shall be dependent upon the corporation undertaking and completing the following actions prior to

July 31, 2021 2023:

     (1) As part of the long-term air-quality monitoring program, ambient air-quality monitors

shall be set up in a network that shall include at least four (4) monitoring sites in the area of and

surrounding Rhode Island T.F. Green International Airport. These monitors shall be designed,

placed, and maintained so as to measure air-quality impacts from airport operations, including those

impacts associated with planes operating on the extended runway and on neighborhoods adjacent

to the airport facility, and at the Winslow Park playing fields. In addition to the quarterly summary

reports prepared by the corporation based on this data, the corporation shall compile at least twenty

(20) months of complete air quality monitoring data from these monitors and submit that data to

the department of health prior to May 1, 2021 2023, pursuant to § 1-7-6; and

     (2) The corporation shall comply with all other reporting and publishing requirements set

forth in this chapter.


 

 

 

 

19)

Section

Added Chapter Numbers:

 

2-27

200 and 201

 

 

CHAPTER 2-27

FOREST CONSERVATION ACT


 

 

 

 

20)

Section

Added Chapter Numbers:

 

2-27-1

200 and 201

 

 

2-27-1. Statement of legislative purpose.

     (a) The general assembly recognizes that forest land in the state has many important values,

including, but not limited to,clean air, clean water, economic importance, climate change

mitigation, habitat, and supporting human health and well-being. Forest land should be maintained

to meet Rhode Island’s aggressive climate change goals through carbon sequestration and storage.

Core forest land and connecting natural areas should be conserved to prevent ongoing

fragmentation of the state’s forests. Moreover, forest conservation is necessary to protect and

maintain water quality and important wildlife habitat. It is in the best interest of the people that the

state identify and acquire the development rights to core and unfragmented forests so as to maintain

these important forest values for future generations. Moreover, the state must develop incentives to

encourage private forest land owners to maintain forests and to enhance urban and community

forestry ecosystems that provide collective benefits to people and wildlife, including filter filtering

air and water, control controlling storm water, conserve conserving energy, and a myriad of

additional critical benefits.

     (b) The general assembly finds that forest land is being converted to other uses because its

current development value far exceeds its economic value to individual private landowners as

forest; that forest land is an important part of the state's economy, environment, and quality of life;

and that forests provide important economic opportunities for many people living in the rural

portions of the state. Whereas most of the development value of forests accrue to the private

landowner, many of the economic benefits of retaining forests are also public benefits, some of

which are not often quantified. All of this serves to undervalue forests without proper mechanisms

and tools to account for public services and cost savings provided by private forests.

     (c) Therefore, the general assembly establishes a forest conservation commission to be

coordinated and staffed by the department of environmental management to implement the

following objectives:

     (1) Assess and recommend new funding sources to conserve forest land across the forest

continuum of rural to urban landscapes;

     (2) Identify incentives to encourage forest landowners to maintain and manage their land

and preserve forest values;

     (3) Encourage forest conservation as a means to sequester carbon and mitigate climate

change and maintain the numerous other benefits provided by forests;

     (4) Help to increase and create new markets for Rhode Island forest products to store

carbon long-term and create new jobs;

     (5) Assess impediments to the expansion of the Rhode Island forest products industry and

recommend changes to remove impediments;

     (6) Assess means to encourage the improvement and expansion of urban and community

forestry; and

     (7) Coordinate and seek input from key stakeholders to identify other science-based

initiatives to promote the conservation of Rhode Island forestland.


 

 

 

 

 

21)

Section

Added Chapter Numbers:

 

2-27-2

200 and 201

 

 

2-27-2. Definitions.

     As used in this chapter;

     (1) “Department” means the department of environmental management.

     (2) "Director" means the director of the department of environmental management, unless

otherwise specified.

     (3) "Forest-based business" means the inclusion of all the activities that go into harvesting

forest products and turning them into usable products. These businesses include foresters, loggers,

and truckers who manage, harvest, and transport raw materials and the companies that turn these

raw materials into usable products for purchase in a variety of markets.

     (4) "Forest conservation commission" or "commission" means the commission established

pursuant to § 2-27-3.

     (5) "Forest fragmentation" means the breaking of large, contiguous, forested areas into

smaller pieces of forest; typically, these pieces are separated by roads, utility corridors,

subdivisions, or other human development.

     (6) "Forest land" means any tract or contiguous tracts of land, ten (10) acres or larger

bearing a dense growth of trees, including any underbrush, and having either the quality of self-

perpetuation, or being dependent upon its development by the planting and replanting of trees in

stands of closely growing timber.

     (7) "Forest management" means the focus on managing vegetation, restoring ecosystems

and habitat, reducing hazards, and maintaining forest health for a desired outcome.

     (8) "Fund" means the forest land conservation fund established pursuant to § 2-27-6.


 

 

 

 

 

22)

Section

Adding Chapter Numbers:

 

2-27-3

200 and 201

 

 

2-27-3. Forest conservation commission.

     (a)(1) There is established the forest conservation commission consisting of the directors

of the department of environmental management and the department of administration, or their

respective designees; and nine (9) public members to be appointed by the director of the department

of environmental management. The public appointees shall include at least one member with

knowledge or experience in forestry,; one member with knowledge or experience with urban and

community forestry,; one member familiar with land use and community planning issues,; one

member active in land preservation,; one member representing forest landowners,; one member

representing an environmental organization,; one member with knowledge of forest habitat; and

one member representing a forest products business. No person shall be eligible for appointment

pursuant to this section unless he or she is a resident of this state.

     (2) The members shall serve for terms of five (5) years each; provided, however, that of

the members first appointed, one shall serve for one year, one shall serve for two (2) years, one

shall serve for three (3) years, one shall serve for four (4) years, and the remaining members shall

serve for five (5) years, from January first next succeeding their appointment, as the director shall

designate.

     (3) Any vacancy occurring otherwise than by expiration of term shall be filled in the same

manner as the original appointment.

     (4) Upon expiration of a member's term, that member shall continue as a member until that

member's successor is appointed and qualified. Any person serving a term shall be eligible for

appointment.

     (5) (b) No member, including ex officio members, shall receive compensation for the

performance of his or her duties as a member; provided, however, that each appointed member may

be reimbursed if funds are appropriated for his or her actual and necessary expenses incurred during

the performance of his or her official duties.

     (6) (c) (1) The commission shall designate annually from its members a chairperson and a

vice chairperson.

     (7) (2) Whenever public hearings are required under this chapter, or whenever the

commission determines a public hearing is appropriate, the commission shall use reasonable efforts

to hold those hearings at a place or places that will reasonably accommodate the interested parties.

     (8) (3) Seven (7) voting members of the commission shall constitute a quorum for the

transaction of any business or the exercise of any power of the commission. Except as otherwise

provided in this chapter, the commission shall have the power to act by a majority of the members

present at any meeting at which a quorum is in attendance.

     (9) (d) The director may remove any member for cause or misconduct in office after giving

him or her a copy of the charges against him or her and an opportunity to be heard, in person or by

counsel, in his or her defense, upon not less than ten (10) days’ notice. If any member shall be

removed, the director shall file in the office of the secretary of state a complete statement of charges

made against the member and his or her findings, together with a complete record of the

proceedings.

     (10) (e) The director shall have the authority to establish subcommittees to fulfill the

purposes of the commission. The subcommittee members shall be advisory to the commission and

shall be comprised of key stakeholders representative of the issue(s) to be addressed.


 

 

 

 

23)

Section

Added Chapter Numbers:

 

2-27-4

200 and 201

 

 

2-27-4. Powers of commission.

     The commission has the power to:

     (1) Retain by contract or employ counsel, auditors, engineers, appraisers, private

consultants and advisors, or other personnel needed to provide necessary services;

     (2) Request the assistance of staff from the department or other state agencies on an as-

needed basis;

     (3) Accept gifts, grants, or loans of funds, or services from any source, public or private,

and comply, subject to the provisions of this chapter, with the terms and conditions thereof;

     (4) Accept from a federal agency loans or grants for use in carrying out its purposes and

enter into agreement with an agency respecting those loans or grants; and

     (5) Otherwise do all things necessary for the performance of its duties, the fulfillment of

its obligations, and the conduct of its business.


 

 

 

 

 

24)

Section

Added Chapter Numbers:

 

2-27-5

200 and 201

 

 

2-27-5. Duties of the commission.

     The commission shall:

     (1) Develop the criteria necessary for defining the most important forest land under this

chapter;

     (2) Make a reasonably accurate inventory of all land in the state that meets the definition

of forest land;

     (3) Inform the public, public officials, and other citizens and interested persons of the

provisions of this chapter; and

     (4) Make recommendations to the director of the department of environmental management

regarding disbursements from the forest land conservation fund.


 

 

 

 

25)

Section

Added Chapter Numbers:

 

2-27-6

200 and 201

 

 

2-27-6. Forest land conservation fund.

     (a) There is hereby established a forest land conservation fund.

     (b) The fund may be utilized for purposes consistent with this chapter.

     (c) The fund shall consist of the following sources:

     (1) Sums the legislature may appropriate;

     (2) Monies received from federal, state, or other sources, including bond funds;

     (3) Monies received from any other sources including from any private donor for the fund;

     (4) Any interest earned on the monies in the fund.


 

 

 

26)

Section

Added Chapter Numbers:

 

2-27-7

200 and 201

 

 

2-27-7. Severability.

     If any provisions of this chapter or of any rule, regulation, or order made under this chapter,

or the application of this chapter to any person or circumstances, is held invalid by a court of

competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application

of that provision to other persons or circumstances shall not be affected. The invalidity of any

section or sections or parts of any section or sections of this chapter shall not affect the validity of

the remainder of this chapter, and it is declared to be the legislative intent that this chapter would

have been enacted if those invalid parts had not been included in this chapter


 

 

 

27)

Section

Amended Chapter Numbers:

 

3-6-1

313 and 314

 

 

3-6-1. Manufacturer's license.

     (a) A manufacturer's license authorizes the holder to establish and operate a brewery,

distillery, or winery at the place described in the license for the manufacture of beverages within

this state. The license does not authorize more than one of the activities of operator of a brewery or

distillery or winery and a separate license shall be required for each plant.

     (b) The license also authorizes the sale at wholesale, at the licensed place by the

manufacturer of the product of the licensed plant, to another license holder and the transportation

and delivery from the place of sale to a licensed place or to a common carrier for that delivery. The

license does authorize the sale of beverages for consumption on premises where sold; provided that

the manufacturer does not sell an amount in excess of thirty-six ounces (36 oz.) of malt beverage

or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a combination not

greater than three (3) drinks where a drink is defined as twelve ounces (12 oz.) of beer or one and

one-half ounces (1.5 oz.) of spirits, for consumption on the premises. The license also authorizes

the sale of beverages produced on the premises in an amount not in excess of twenty-four (24)

forty-eight (48) twelve-ounce (12 oz.) bottles or cans or twenty-four (24) forty-eight (48) sixteen-

ounce (16 oz.) bottles or cans of malt beverages, or seven hundred fifty milliliters (750 ml) one

thousand five hundred milliliters (1,500 ml) of distilled spirits per visitor, per day, to be sold in

containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may be

sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

governing retail Class A establishments. The containers for the sale of beverages for off-premises

consumption shall be sealed. The license does not authorize the sale of beverages in this state for

delivery outside this state in violation of the law of the place of delivery. The license holder may

provide to visitors, in conjunction with a tour or tasting, samples, clearly marked as samples, not

to exceed three hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-

two ounces (72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the

product of the licensed plant to visitors for off-premises consumption. The license does not

authorize providing samples to a visitor of any alcoholic beverages for off-premises consumption

that are not manufactured at the licensed plant. All manufacturer licenses conducting retail sales

and/or providing samples shall be subject to compliance with alcohol server training and liquor

liability insurance requirements set forth in §§ 3-7-6.1 and 3-7-29 and the regulations promulgated

thereunder.

     (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery

producing more than fifty thousand (50,000) gallons (50,000 gal.) per year and five hundred dollars

($500) for a distillery producing less than or equal to fifty thousand (50,000) gallons (50,000 gal.)

per year; five hundred dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500)

for a winery producing more than fifty thousand (50,000) gallons (50,000 gal.) per year and five

hundred dollars ($500) per year for a winery producing less than fifty thousand (50,000) gallons

(50,000 gal.) per year. All those fees are prorated to the year ending December 1 in every calendar

year and shall be paid to the general treasurer for the use of the state.


 

 

 

 

28)

Section

Amended Chapter Numbers:

 

3-6-1.2

(129 and 130), and (313 and 314)

 

 

3-6-1.2. Brewpub manufacturer's license.

     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the

beverages manufactured on the location for consumption on the premises. The license shall not

authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments.

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier

for that delivery.

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under § 3-6-9 or 3-6-11.

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing

more than fifty thousand (50,000) gallons (50,000 gal.) per year and five hundred dollars ($500)

per year for a brewpub producing less than fifty thousand (50,000) gallons (50,000 gal.) per year.

The annual fee is prorated to the year ending December 1 in every calendar year and paid to the

general treasurer for the use of the state.

     (e) A holder of a brewpub manufacturers manufacturer’s license will be permitted to sell,

with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or

the equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.)

of mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent

re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four

ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred

forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages

containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other

containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was

removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the

department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-

10-1, and any other DBR regulations.

     (1) Delivery of alcoholic beverages with food from a brewpub licensee is prohibited.

 

(313 and 314)

     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the

beverages manufactured on the location for consumption on the premises. The license shall not

authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments. The license also authorizes the sale

of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce

(12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages,

or one thousand five hundred milliliters (1500 ml) of distilled spirits per visitor, per day, to be sold

in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may

be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

governing retail Class A establishments.

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier

for that delivery.

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under § 3-6-9 or 3-6-11.

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing

more than fifty thousand (50,000) gallons (50,000 gal.) per year and five hundred dollars ($500)

per year for a brewpub producing less than fifty thousand (50,000) gallons (50,000 gal.) per year.

The annual fee is prorated to the year ending December 1 in every calendar year and paid to the

general treasurer for the use of the state.


 

 

 

 

29)

Section

Amended Chapter Numbers:

 

3-7-7

129 and 130

 

 

3-7-7. Class B license.

     (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or

victualer whose tavern or victualing house may be open for business and regularly patronized at

least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or

served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may

fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town

council may, in its discretion, issue full and limited Class B licenses which may not be transferred,

but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland

town council may, in its discretion, issue full and limited Class B licenses which may not be

transferred to another person or entity, or to another location, but which shall revert to the town of

Cumberland if not renewed by the holder.

     The Pawtucket city council may, in its discretion, issue full and limited Class B licenses

which may not be transferred to another person or entity, or to another location, but which shall

revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any

Class B license holders whose licenses were issued by the Pawtucket city council with the right to

transfer.

     (2) The license authorizes the holder to keep for sale and sell beverages including beer in

cans, at retail at the place described and to deliver them for consumption on the premises or place

where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging

of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge is shall

be posted at the entrance of the establishments in a prominent place.

     (i) A holder of a Class B license will be permitted to sell, with take-out food orders, up to

two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the equivalent volume of wine

in smaller factory sealed containers, or seventy-two ounces (72 oz.) of mixed wine-based drinks or

single-serving wine in containers sealed in such a way as to prevent re-opening without obvious

evidence that the seal was removed or broken, one hundred forty-four ounces (144 oz.) of beer or

mixed beverages in original factory sealed containers, and one hundred forty-four ounces (144 oz.)

of draft beer or seventy-two ounces (72 oz.) of mixed beverages containing not more than nine

ounces (9 oz.) of distilled spirits in growlers, bottles, or other containers sealed in such a way as to

prevent re-opening without obvious evidence that the seal was removed or broken, provided such

sales shall be made in accordance with § 1.4.10 of the department of business regulation (DBR)

liquor control administration regulations, 230-RICR-30-10-1, and any other DBR regulations.

     (ii) Delivery of alcoholic beverages with food from a Class B licensee is prohibited.

     (3) Holders of licenses are not permitted to hold dances within the licensed premises, unless

proper permits have been properly obtained from the local licensing authorities.

     (4) Any holder of a Class B license may, upon the approval of the local licensing board

and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open

for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal

state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license

shall be advertised by the local licensing board in a newspaper having a circulation in the county

where the establishment applying for the license is located.

     (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her

business and products sold on the premises, including neon signs, and is allowed to light those signs

during all lawful business hours, including Sundays and holidays.

     (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail

class B and/or class ED license may apply to the municipality in which such the licensee is located

for a permit to conduct a so-called "Lock-In Event", under the following conditions:

     (i) A "Lock-In Event" is defined as an event where a specified group of individuals are

permitted to remain in a licensed premises after closing hours including, but not limited to, the

hours of 1:00 a.m. to 6:00 a.m.

     (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant

to a permit issued for each such event, subject to such conditions as such may attach to the permit.

The fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars

($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the

municipal licensing authority and there shall be no appeal from the denial of such a permit.

     (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured

in place or removed from the public portion of the premises and secured to the satisfaction of the

municipality issuing the Lock-In Event permit.

     (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the

Lock-In Event participants and no other patrons shall be admitted to the premises who are not

participants. It shall be a condition of the permit that participants shall not be admitted more than

thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of

unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.

     (v) As part of the Lock-In Event, food shall be served.

     (vi) The municipal licensing authority may, in its sole discretion, require the presence of a

police detail, for some or all of the event, and the number of officers required, if any, shall be

determined by the municipality as part of the process of issuing the Lock-In Event permit. The

licensee shall be solely responsible for the cost of any such required police detail.

     (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two

thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400)

to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred

(2,500) inhabitants, as determined by the last census taken under the authority of the United States

or the state, the fee for each retailer's Class B license shall be determined by the town council, but

shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his

or her application, any retailer's Class B license may be issued limiting the sale of beverages on the

licensed premises to malt and vinous beverages containing not more than twenty percent (20%)

alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200)

to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in

each case be prorated to the year ending December 1 in every calendar year.

     (1) Upon the approval and designation of a district or districts within its city or town by

the local licensing board, the local licensing board may issue to any holder of a Class B license or

a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and

Saturdays, the night before a legal state holiday or such other days as determined by the local board,

for one hour past such license holder's legal closing time as established by the license holder's

license or licenses including, but not limited to, those issued pursuant to subdivision subsection

(a)(4) hereof of this section. The extended hours permit shall not permit the sale of alcohol during

the extended one-hour period and shall prohibit the admittance of new patrons in the establishment

during the extended one-hour period. The designation of such district(s) shall be for a duration of

not less than six (6) months. Prior to designating any such district, the local licensing authority shall

hold a hearing on the proposed designation. The proposed designation shall include the boundaries

of the proposed district, the applicable days for the extended hours, and the duration of the

designation and the conditions imposed. The proposed designation shall be advertised at least once

per week for three (3) weeks prior to the hearing in a newspaper in general circulation in the city

or town. The city or town will establish an application process for an extended hours permit for

such license holder and may adopt rules and regulations to administer the permit.


 

 

 

30)

Section

Amended Chapter Numbers:

 

3-7-19

(10 and 11), (64 and 69), (71 and 72), (241), (242 and 243), (244 and 245), (248), (249 and 250),

(251)

 

 

3-7-19. Objection by adjoining property owners -- Proximity to schools and churches.

     (a) Retailers' Class B, C, N and I licenses, and any license provided for in § 3-7-16.8 of

this chapter, shall not be issued to authorize the sale of beverages in any building where the owner

of the greater part of the land within two hundred feet (200') of any point of the building files with

the body or official having jurisdiction to grant licenses his or her objection to the granting of the

license, nor in any building within two hundred feet (200') of the premises of any public, private,

or parochial school or a place of public worship. In the city of East Providence, retailer's Class A

licenses shall not be issued to authorize the sale of beverages in any building within five hundred

feet (500') of the premises of any public, private, or parochial school, or a place of public worship.

     (b) As used in this section, "private school" means any nonpublic institution of elementary

or secondary (K-12th grade) education, accredited or recognized as a private school by the

department of elementary and secondary education or the school committee of the city or town

having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was issued

prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an objection to,

or disapproval of, the transfer of a Class B or C license where the location of the licensed

establishment predates the location of the public, private, or parochial school, or place of public

worship.

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence River

to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line of

Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden Street

to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102') to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9') along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112')

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90') to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B, C, or I license intended to be located within any zoning district in the

town of Warren which is designated as a limited business district or as a general business district

pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of the

Bristol tax assessors map as of December 31, 1999, including that portion of the public sidewalk

contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section as

to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance of the

city of Newport, provided that the applicant be an existing holder of a Retailers' Class B license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 131 of tax assessors plat 68 of

the Providence tax assessors map as of December 31, 1999 and any proposed retailer Class B

license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed retailer

class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city of

Cranston under this exemption, whether said transfer is attributable to the holder's death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, 2003

and, in addition, those requirements applicable to anyone who desires to become a transferee of a

validly issued and outstanding Class B license designated for use in any location in the state of

Rhode Island. Neither the exemption granted herein nor any future exemption granted hereafter

shall be effective until the proposed Class B license and the underlying property owner is certified

to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, then

northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to the

Central Falls line.

     (9) Notwithstanding the provisions of this section the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this section

a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181, lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot 732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on plat 105, lot 489, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 5, lot 188 of the applicable city of

Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on plat 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any Class

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on tax assessor's plat 43, lot 211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 1, lot 164 of the applicable city of

Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer's Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown's tax assessor's maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor's map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers' Class B license intended to be located on tax assessor's plat 10, lot 108, of the

Lincoln tax assessor's map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor's map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor's map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on Plat 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 1007 Broad Street, Plat 53, Lot 192

of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot 582 of

the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

proposed retailers' class BV and class BM license intended to be located between 2 Main Street

(tax assessor's plat 14, lot 284) and 194 Main Street (tax assessor's plat 14, lot 139).

     (41) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

     (45) Notwithstanding the provisions of this section, the board of licenses in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license intended to be located at 601 Hartford Avenue, Plat 113,

Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

 

(64 and 69)

  (47) (48) Notwithstanding the provisions of this section, the city council of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

 

(71 and 72)

   (47) (49) Notwithstanding the provisions of this section, the board of license

commissioners of the city of Pawtucket shall, after application, have the authority to exempt from

the provisions of this section any proposed retailers Class B, C, or N license intended to be located

on Plat 54B, Lots 826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city

of Pawtucket tax assessment map existing as of March 1, 2021.

 

(241)

  (47) (50) Notwithstanding the provisions of this section, the board of licenses in the town

of Jamestown, after application, have has the authority to exempt from the provisions of this section

any proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9,

Lot 207 of the applicable town of Jamestown tax assessment map.

 

(242 and 243)

  (47) (51) Notwithstanding the provisions of this section, the board of licenses of the city

of Providence, shall after application, have the authority to exempt from the provisions of this

section any proposed retailer Class BV and Class P license intended to be located at 203-209

Douglas Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

 

(244 and 245)

  (46) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

 

(248)

   (47) (52) Notwithstanding the provisions of this section, the board of licenses of the city

of East Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 130 Taunton Avenue, Map

106, Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

 

(249 and 250)

   (47) (53) Notwithstanding the provisions of this section, the town council of the town of

Barrington shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

 

(251)

   (47) (54) Notwithstanding the provisions of this section, the board of licenses of the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located at 737 Hope Street, Plat 6, Lot

595 of the applicable city of Providence tax assessment map.


 

 

 

31)

Section

Amended Chapter Numbers:

 

3-8-1

13 and 14

 

 

3-8-1. Sales on Sundays and holidays -- Sales to underage persons, intoxicated

persons, and persons of intemperate habits.

     Licenses issued under this title shall not authorize the sale or service of beverages on

Sunday, nor on Christmas day excepting licensed taverns, clubs, victualing houses, and retail Class

F licensed places when served with food to guests, and except in places operated under a retail

Class E license described in this title, and excepting the sale of wine or winery products at retail

pursuant to § 3-6-1.1(e)(4) by holders of farmer-winery licenses and the serving of complimentary

samples pursuant to § 3-6-1.1(g) by holders of farmer-winery licenses, except in cars or on

passenger-carrying marine vessels operated by holders of Class G licenses, and except as otherwise

provided herein. The department may limit the sale of beverages on passenger-carrying marine

vessels to the hours from twelve o'clock (12:00) p.m. to six o'clock (6:00) p.m. on those days; nor

shall they authorize the sale or delivery to any underaged person as defined in this title for purposes

of sale, possession, and consumption of alcoholic beverages, either for his or her own use or for the

use of his or her parents, or of any other person; or the sale of beverages to any intoxicated persons

or to any person of notoriously intemperate habits. Places operating under a retail Class C license

are authorized to be open for the sale of alcoholic beverages upon Columbus day, Armistice day,

and Victory day, provided however, that a local board of license may authorize places operating

under a Class C license to be open on New Year's day. A Class C licensee may serve beverages on

Sunday with the written approval of the local board of license, subject to the notice provisions of §

3-5-17. Places operating under a retail Class A license are not authorized to be open for the sale of

alcoholic beverages upon Thanksgiving day and New Year's day. Provided, however, that holders

of Class A licenses may open from no earlier than ten o'clock (10:00) a.m. to no later than six

o'clock (6:00) p.m. on Sundays, unless the following Monday is a holiday, in which event the

holders may remain open no later than nine o'clock (9:00) p.m. the prior Sunday.


 

 

 

32)

Section

Added Chapter Numbers:

 

4-9.1

149 and 150

 

 

CHAPTER 4-9.1

DONATION OF MEDICATIONS FOR USE BY NONPROFIT, STATE, AND LOCAL

FACILITIES


 

 

 

33)

Section

Added Chapter Numbers:

 

4-9.1-1

149 and 150

 

 

4-9.1-1. Definitions.

     As used in this chapter:

     (1) "Animal rescue" means an entity, without a physical brick-and-mortar facility, that is

owned, operated, or maintained by a duly incorporated humane society, animal welfare society,

society for the prevention of cruelty to animals, or other nonprofit organization.

     (2) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals.

     (3) "Nonprofit corporation" means a corporation of which no part of the income or profit

is distributable to its members, directors, or officers, except as otherwise expressly permitted by

chapter 6 of title 7.

     (4) "Pound" or "Dog pound" means a facility operated by the state, or any political

subdivision of the state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals, or a facility operated for that purpose under

contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

     (5) "Veterinarian-client patient relationship" or "VCPR" means a relationship where all of

the following conditions have been met:

     (i) The veterinarian has assumed the responsibility for making medical judgments

regarding the health of the animal or animals and the need for medical treatment, and the client (i.e.,

animal owner or custodian) has agreed to follow the instructions of the veterinarian.

     (ii) The veterinarian has sufficient knowledge of the animal or animals to initiate at least a

general or preliminary (e.g., tentative) diagnosis of the medical condition of the animal or animals.

"Sufficient knowledge", as used in this subsection, means that the veterinarian has recently seen

and is personally acquainted with the keeping and care of the animal or animals, and/or by

medically appropriate and timely visits to the premises where the animal or animals are kept.

     (iii) The veterinarian is readily available for follow-up in cases of adverse reactions or

failure of the regimen of therapy.

     (iv) The veterinarian maintains records, which that document patient visits, diagnosis,

treatment, and other relevant in formation information.

     (6) "Veterinary clinic" means any premises to which animals are brought or where they are

temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury.


 

 

 

 

34)

Section

Added Chapter Numbers:

 

4-9.1-2

149 and 150

 

 

4-9.1-2. Allowable medication donations.

     (a) An owner of an animal may donate a drug that is dispensed for the animal, but will not

be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is

practiced if the licensed veterinarian or facility chooses to accept the drug.

     (b) Except as provided in § 4-9.1-3, a licensed veterinarian may reissue a drug accepted

pursuant to this section to fill other prescriptions provided that:

     (1) The veterinarian is licensed to practice veterinary medicine in Rhode Island;

     (2) The drug is being dispensed to fill a prescription needed to treat an animal under the

care of a Rhode Island registered nonprofit shelter, municipal pound, shelter, veterinary clinic, or

animal rescue facility;

     (3) Wildlife rehabilitators licensed by the state of Rhode Island will have access to these

medications under the direction of a licensed Rhode Island veterinarian;

     (4) The prescription is authorized by the veterinarian within a valid VCPR;

     (5) The licensed veterinarian determines that the drug is suitable for that purpose; and

     (6) The drug was originally dispensed by a licensed veterinarian, a facility in which

veterinary medicine is practiced which that is licensed by the state of Rhode Island, a licensed

pharmacy, an Internet internet pharmacy that is accredited through the National Association of

Boards of Pharmacy's Veterinary-Verified Internet Pharmacy Practice Sites program, or its

successor;.


 

 

 

 

35)

Section

Added Chapter Numbers:

 

4-9.1-3

149 and 150

 

 

4-9.1-3. Drugs not eligible for donation or reissuance.

     Drugs that will not be eligible for reissuance include:

     (1) Drugs classified as a controlled substance;

     (2) Drugs that require refrigeration unless it is a drug that only requires refrigeration after

being opened and the drug is donated in an unopened condition; and

     (3) Drugs where the packaging or bottle does not list the expiration date of the usefulness

of the drug.


 

 

 

 

36)

Section

Added Chapter Numbers:

 

4-9.1-4

149 and 150

 

 

4-9.1-4. Reissuance of medications.

     (a) Any reissued medication shall have the name of the animal and the name of the owner

of the animal for which the drug was originally dispensed, the prescription number, and any other

identifying marks obliterated from the packaging or bottle before the reissuance of the drug. When

medication is reissued to owned pets, the owner will be informed as to the fact that the medication

is supplied from a supply of turnover medications.

     (b) A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill

other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to

produce food for human consumption or the animal is ordinarily consumed by animals that are

raised to produce food for human consumption.

     (c) For expired medications, the veterinarian may elect to reissue these medications if they

are unopened and from a period of one year from their expiration date if the veterinarian determines

the medication to continue to maintain efficacy.


 

 

 

 

37)

Section

Added Chapter Numbers:

 

4-9.1-5

149 and 150

 

 

4-9.1-5. Immunity from civil or criminal liability.

     (a) A licensed veterinarian or a facility or agency in which veterinary medicine is practiced

with one or more full-time or part-time veterinarians that complies with the provisions of this

chapter in the donation, acceptance, distribution, or dispensation of a drug in accordance with the

provisions of this chapter and any regulations adopted pursuant thereto is not subject to any civil

or criminal liability or disciplinary action by a professional licensing board for any loss, injury, or

death that results from the donation, acceptance, distribution, or dispensation of the drug.

     (b) A manufacturer of a drug is not subject to civil or criminal liability for any claim or

injury arising from the donation, acceptance, distribution, or dispensation of the drug pursuant to

this chapter and any regulations adopted pursuant thereto.


 

 

 

 

38)

Section

Added Chapter Numbers:

 

4-9.1-6

149 and 150

 

 

4-9.1-6. Sale of donated medications prohibited.

     A licensed veterinarian, shelter, pound, animal rescue, or humane society shall not sell or

resell any drug accepted pursuant to this chapter.


 

 

 

 

39)

Section

Added Chapter Numbers:

 

4-9.1-7

149 and 150

 

 

4-9.1-7. Handling of donated medications.

     (a) The facility receiving the turnover medication shall:

     (1) Identify and maintain separately from other stock any drug accepted pursuant to this

chapter; and

     (2) Make a record of each drug accepted pursuant to this chapter that includes, without

limitation:

     (i) The date on which the drug was donated;

     (ii) The name of the person who donated the drug; and

     (iii) The expiration date of the drug.

     (b) Any for-profit or nonprofit facility receiving turnover medications may then donate

them to another qualifying nonprofit facility provided that subsequent responsibility for identifying

and using the drug becomes the responsibility of the facility receiving the donation.

     (c) All records must be maintained for not less than two (2) years.


 

 

 

 

40)

Section

Added Chapter Numbers:

 

4-9.1-8

148 and 150

 

 

4-9.1-8. Rules and regulations.

     The board of veterinary medicine shall promulgate any rules or regulations deemed

necessary to carry out the provisions of this chapter, including, without limitation:

     (1) Requirements for reissuing drugs pursuant to this chapter, including, without limitation,

requirements that provide appropriate safeguards for ensuring that the drugs are not compromised

or illegally diverted before being reissued;

     (2) Requirements for accepting drugs donated to a licensed veterinarian or facility in which

veterinary medicine is practiced pursuant to this chapter; and

     (3) Requirements for maintaining records relating to the acceptance and use of drugs to fill

other prescriptions pursuant to this chapter.


 

 

 

41)

Section

Amended Chapter Numbers:

 

5-3.1-12

400 and 401

 

 

5-3.1-12. Revocation or suspension of certificate, authority, or permit.

     (a) After notice and a hearing as provided in § 5-3.1-14, the board may:

     (1) Suspend or revoke any certificate issued under § 5-3.1-5, or any predecessor provision,

and any authority as a public accountant issued under the prior laws of this state;

     (2) Revoke or suspend any permit issued under § 5-3.1-7, § 5-3.1-8, § 5-3.1-9, or their

predecessor provisions; and

     (3) Reprimand or censure in writing; limit the scope of practice; impose an administrative

fine upon, not to exceed one thousand dollars ($1,000); or place on probation, all with or without

terms, conditions, or limitations, a licensee, for any of the causes specified in subsection (b).

     (b) The board may take action specified in subsection (a) for any one or more of the

following causes:

     (1) Fraud or deceit in obtaining a certificate or permit under this chapter;

     (2) Dishonesty, fraud, or gross negligence in the practice of public accounting or in the

filing, or failing to file, the licensee's own income tax returns;

     (3) Violation of any of the provisions of this chapter;

     (4) Violation of any rules and regulations, including, but not limited to, any rules of

professional conduct promulgated by the board under the authority granted by this chapter;

     (5) Conviction of, or pleading guilty or nolo contendere to, a crime or an act constituting a

crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion,

conspiracy to defraud, misappropriation of funds, tax evasion, or any other similar offense or

offenses involving moral turpitude, in a court of competent jurisdiction of this or any other state or

in federal court;

     (6) Cancellation, revocation, or suspension of, or refusal to renew, the licensee's certificate

or permit from another state by the other state for any cause other than failure to pay a fee or to

meet the requirements of continuing education in that other state;

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

federal agency;

     (8) As to accountants licensed by foreign countries, cancellation, revocation, suspension,

or refusal to renew the person's certificate, license, or degree evidencing his or her qualification to

practice public accounting by the foreign country issuing the certificate, license, or degree, the

certificate, license, or degree having qualified the accountant for issuance of an annual limited

permit to practice under § 5-3.1-8;

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

information that is legally requested by the board;

     (10) Any conduct reflecting adversely upon the licensee's fitness to engage in the practice

of public accountancy; and

     (11) Any other conduct discreditable to the public accounting profession.


 

 

 

 

42)

Section

Amended Chapter Numbers:

 

5-5.1-18

400 and 401

 

 

5-5.1-18. Registration.

     (a) Except as provided in this chapter, no person shall perform the functions and duties of

an employee of a business required to be licensed under this chapter in this state without first having

been registered or licensed. The attorney general shall keep and make available for public

inspection a list of all persons who have been registered or licensed and the name of the company

employing the person at the time of registration or licensure.

     (b) No holder of any unexpired license issued pursuant to this chapter shall knowingly

employ any person who has been convicted of a felony in connection with his or her or its business

in any capacity. Should the holder of an unexpired license falsely state or represent that a person is

or has been in his or her employ, that false statement or misrepresentation is sufficient cause for

the revocation of the license.

     (c) No person shall be employed by any holder of a license until he or she has executed

and furnished to the license holder a verified statement, to be known as "employee's registration

statement," stating:

     (1) His or her full name, age, residence address, and place and date of birth;

     (2) The country of which he or she is a citizen;

     (3) The business or occupation engaged in for the five (5) years immediately preceding the

date of the filing of the statement, stating the place or places where the business or occupation was

engaged in, and the name or names of any employers;

     (4) That he or she has not been convicted of a felony or of any offense involving moral

turpitude; and

     (5) Any further information that the attorney general may by rule require to show the good

character, competency, and integrity of the person executing the statement.

     (d) All holders of a license shall be allowed to obtain a criminal background check on any

employee or prospective employee from the division of criminal identification for a fee determined

by the department of the attorney general.

     (e) If any holder of a license files with the attorney general the "employee's statement" of

a person other than the person employed, he or she is guilty of a felony.


 

 

 

 

43)

Section

Added Chapter Numbers:

 

5-6-10.3

123 and 126

 

 

5-6-10.3. Limited premises certificate/license -- Certificate PC.

     (a) A Certificate PC shall be issued to public institutions of higher educations that regularly

employ one or more Class B journeyperson electricians when the work performed by those

individuals is limited to the replacement, retrofit, upgrade, maintenance, repair, and/or minor

alteration of electrical wiring, branch circuit devices, appliances, and equipment on the premises

owned or occupied by the applicant. The application must be made by a responsible officer of the

firm and contain a description of the premises within which work is to be done under the permit.

All work must meet electrical and municipal codes and must be permitted accordingly by the

municipality or appropriate state authority.

     (b) The scope and size of any work performed under a Certificate PC shall be limited to:

     (1) For any project involving a single classroom or a single laboratory, work performed

shall not exceed two thousand square feet (2,000 sq. ft.);

     (2) For all other projects work performed shall not exceed one thousand two hundred fifty

square feet (1,250 sq. ft.);

     (3) In no event may a project within a single building or series of buildings, when the

project spans multiple locations, be broken into smaller phases to satisfy the square foot limitations

as set forth in this section; and

     (4) In no event shall any work be performed pursuant to a Certificate PC in any space under

construction, which shall mean any room or space which that has been demolished or gutted.

     (c) For purposes of this chapter, minor alterations shall include new installation of

individual branch circuits within sight or fifty feet (50').

     (d) For purposes of this chapter, all work performed under a Certificate PC pursuant to the

terms enumerated herein, shall not be deemed or considered as installation.


 

 

44)

Section

Amended Chapter Numbers:

 

5-6-24

186 and 187

 

 

5-6-24. Apprentices -- Registration.

     (a) This chapter does not forbid the employment of one properly limited-registered

apprentice electrician working with and under the direct personal supervision of a licensed

journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) One

properly registered apprentice burnerperson working with and under the direct personal supervision

of a licensed burnerperson; (2) One properly registered apprentice fire alarm installer working with

and under the direct personal supervision of a licensed fire alarm installer; (3) Two (2) properly

registered apprentice electrical sign installers working with and under the direct personal

supervision of a licensed electrical sign installer; (4) One properly registered apprentice

maintenance electrician working with and under the direct personal supervision of a valid Class C

or Class D license holder; or (5) One properly registered apprentice lightning-protection installer

working with and under the direct personal supervision of a licensed lightning-protection installer

(LPI). Apprentices are required to register with the division of professional regulation immediately

upon employment with a properly licensed electrical contractor or lightning-protection contractor.

     (b) Indentured apprentice electricians are required to work a minimum of eight thousand

(8,000) hours over a period of time of not less than four (4) years and successfully complete one

hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

program approved by the Rhode Island department of labor and training, to qualify for the

journeyperson "B" electrician examination; provided, however, apprentices may receive credit for

one hundred forty-four (144) hours of classroom training gained in a vocational school authorized

by the board of education, or a maximum of two hundred eighty-eight (288) hours of classroom

training gained over two (2) academic years (one hundred forty-four (144) per academic year),

upon the successful completion of a course of study in a fully accredited trade school that has been

approved by the Rhode Island office of postsecondary commissioner and approved by the Rhode

Island department of labor and training apprenticeship council. Provided, that the test applicant has

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 of Rhode Island specifying the

person as an indentured apprentice, and the application of an applicant is accompanied by 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 electrical work as an apprentice

in Rhode Island during those four (4) years; or the application is accompanied by an affidavit or

other reasonably satisfactory evidence showing that the applicant has successfully completed a

course of study in a recognized college or university and has pursued a course of electrical

technology for at least two (2) academic years or is the recipient of an associate degree in electrical

technology, and has thereafter been indentured by the department of labor and training as an

apprentice for at least two (2) four (4) years and employed as an indentured apprentice by a duly

licensed electrician master in this state for a period of two (2) four (4) years; or a showing that the

applicant possesses a certificate of license issued under the laws of another state, based on training

equal to that required by the state of Rhode Island. Limited-registered apprentice electricians shall

be required to work a minimum of four thousand (4,000) hours over a period of time of not less

than two (2) years.

     (c) Indentured apprentice maintenance electricians are required to work a minimum of six

thousand (6,000) hours over a period of time of not less than three (3) years and successfully

complete one hundred forty-four (144) hours of related instruction per year in an indentured

apprenticeship program approved by the Rhode Island department of labor and training, to qualify

for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

possessed for at least three (3) 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 the person as an

indentured apprentice, and the application of an applicant is accompanied by 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 electrical work as an apprentice in Rhode

Island during those three (3) years. Class M journeyperson electricians may qualify to take the

journeyperson "B" electrician examination upon registering as a fourth-year apprentice and

becoming employed by a properly licensed Class A electrical contractor for that period of time.

     (d) Apprentice lightning-protection installers are required to work a minimum of four

thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the

lightning-protection installer (LPI) examination. Provided, that the test applicant has possessed for

at least two (2) 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 the person as an apprentice

lightning-protection installer, and the application of an applicant is accompanied by 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 lightning-protection work as an apprentice

during those two (2) years.


 

 

 

 

45)

Section

Amended Chapter Numbers:

 

5-8-18

400 and 401

 

 

5-8-18. Suspension and revocation of certificates -- Complaints -- Hearings.

     (a) After notice and a hearing as provided in this section, the director may in his or her

discretion or upon recommendation of the board: (1) Suspend, revoke, or take other permitted

action with respect to any certificate of registration; (2) Revoke, suspend, or take other permitted

action with respect to any certificate of authorization; (3) Publicly censure, or reprimand or censure

in writing; (4) Limit the scope of practice of; (5) Impose an administrative fine upon, not to exceed

one thousand dollars ($1,000) for each violation; (6) Place on probation; and/or (7) For good cause

shown, order a reimbursement of the department for all fees, expenses, costs, and attorney's 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, referred to as licensee(s), 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 engineering in another state or country or jurisdiction in violation of the laws

of that state or country or jurisdiction;

     (3) Practicing engineering 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 engineering;

     (5) Use of an engineer's stamp in violation of § 5-8-14;

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

     (7) Suspension or revocation of the right to practice engineering 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

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

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses involving

moral turpitude, 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 and/or board or any person acting on behalf of the

department and/or board in a reasonable time any information that may be legally requested by the

department and/or board;

     (10) In conjunction with any violation of subsections (b)(1) -- (b)(9), any conduct reflecting

adversely upon the licensee's fitness to engage in the practice of engineering; and

     (11) In conjunction with any violation of subsections (b)(1) -- (b)(9), any other conduct

discreditable to the engineering profession.

     (c) Any person may file complaints of fraud, deceit, gross negligence, incompetence, or

misconduct against any registrant. Those charges shall be in writing, sworn to by the person or

persons making them, and filed with the board.

     (d) All charges, unless dismissed by the director as unfounded or trivial, shall be heard by

the director within six (6) months after the date on which they have been properly filed or within

six (6) months following resolution of similar charges that have been brought against a registrant

who is before another regulatory body.

     (e) The time and place for the hearing pursuant to subsection (d) of this section shall be

fixed by the department, and a copy of charges, together with a notice of the time and place of

hearing, shall be personally served on or mailed to the last known address of the registrant at least

thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant shall

have the right to appear personally and/or by counsel; to cross-examine witnesses appearing against

him or her; and to produce evidence and witnesses in his or her own defense. The board may

participate in formal proceedings through representation by the department's legal staff acting as

the prosecuting agent before the director.

     (f) If, after the hearing pursuant to subsection (d) of this section, the evidence is in favor of

sustaining the charges, the director may in his or her discretion suspend, revoke, or take other

permitted action with respect to the certificate of registration or certificate of authorization, or

publicly censure the licensee, or take any other action and/or order any other penalty permitted by

this section. The department, for reasons it deems sufficient, may reissue a certificate of registration

or certificate of authorization or renewal to any person or firm whose certificate has been revoked.

     (g) The board or the department may on its own motion investigate the conduct of an

applicant, engineer, sole proprietorship, partnership, limited-liability partnership, corporation,

limited-liability company, or individual.

     (h) Nothing in this chapter shall be construed to prohibit the board from entering into

consent agreements or informal resolutions with any party under investigation for violations under

this chapter and/or chapter 84 of this title.


 

 

 

 

46)

Section

Amended Chapter Numbers:

 

5-8.1-15

400 and 401

 

 

5-8.1-15. Board of registration for professional land surveyors -- Disciplinary actions.

     (a) Revocation, suspension, and censure. After notice and a hearing as provided in this

section, the director may in his or her discretion or upon recommendation of the board: (1) Suspend,

revoke, or take other permitted action with respect to any certificate of registration; (2) Revoke,

suspend, or take other permitted action with respect to any certificate of authorization; (3) Publicly

censure, or reprimand or censure in writing; (4) Limit the scope of practice of; (5) Impose an

administrative fine, not to exceed one thousand dollars ($1,000) for each violation; (6) Place on

probation; and/or (7) For good cause shown, order a reimbursement of the department for all fees,

expenses, costs, and attorney's 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, hereafter referred to as registrant(s), for

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

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

following causes:

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

certificate of authorization;

     (2) Practicing land surveying in another state or country or jurisdiction in violation of the

laws of that state, country, or jurisdiction;

     (3) Practicing land surveying 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 land surveying;

     (5) Use of a land surveyor's stamp in violation of § 5-8.1-12;

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

     (7) Suspension or revocation of the right to practice land surveying 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

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

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses involving

moral turpitude, 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 and/or board, or any person acting on behalf thereof,

in a reasonable time such information as may be legally requested by the department and/or board;

     (10) In conjunction with any violation of subsections (b)(1) -- (b)(9), any conduct reflecting

adversely upon the registrant's fitness to engage in the practice of land surveying; and

     (11) In conjunction with any violation of subsections (b)(1) -- (b)(9), any other conduct

discreditable to the land surveying profession.

     (c) Procedures.

     (1) Any person may prefer charges of fraud, deceit, gross negligence, incompetence, or

misconduct against any applicant or registrant. In addition, the department or board may, on its

own motion, investigate the conduct of an applicant or registrant of the board, and may in

appropriate cases file a written statement of charges with the secretary of the board. The charges

shall be in writing and shall be sworn to by the person or persons making them and shall be filed

with the board of land surveyors. All charges, unless dismissed by the director as unfounded or

trivial, shall be heard by the director within three (3) months after the date on which they were

referred.

     (2) The time and place for the hearing shall be fixed by the department, and a copy of the

charges, together with a notice of the time and place of the hearing, shall be personally served on

or mailed to the last known address of the registrant at least thirty (30) days before the date fixed

for the hearing. At any hearing, the accused registrant or applicant has the right to appear personally

and/or by counsel, to cross-examine witnesses appearing against him or her, and to produce

evidence and witnesses in his or her defense.

     (3) If, after the hearing, the charges are sustained, the director, on his or her own motion or

upon recommendation of the board of land surveyors, may in his or her discretion suspend, revoke,

or take other permitted action with respect to the certificate of registration or certificate of

authorization or publicly censure the registrant, or take any other action and/or order any other

penalty permitted by this section.

     (4) The director may, at his or her discretion, reissue a certificate of registration or

certificate of authorization or renewal to any person or firm denied registration under this section

or upon presentation of satisfactory evidence of reform and/or redress.

     (5) The board may participate in hearings before the director through representation by the

department's legal staff acting as the prosecuting agent before the director.

     (d) Legal counsel. The department shall make its legal staff available to act as legal advisor

to the board and to render any legal assistance that is necessary in carrying out the provisions of

this chapter. The director may employ other counsel and necessary assistance to aid in the

enforcement of this chapter, and their compensation and expenses shall be paid from the funds of

the department.

     (e) Nothing in this chapter shall prevent the department and/or board of land surveyors

from charging one or both parties a fee for the direct costs associated with hearings and transcripts

in accordance with the department's rules of procedure for administrative hearings.

     (f) Nothing in this chapter shall prevent the board from entering into consent agreements

or informal resolutions with any party under investigation for violations under this chapter and/or

chapter 84 of this title.


 

 

 

 

47)

Section

Added Chapter Numbers:

 

5-14.1

308 and 337

 

 

CHAPTER 5-14.1

THE HUMAN TRAFFICKING PREVENTION NOTICE ACT


 

 

 

48)

Section

Added Chapter Numbers:

 

5-14.1-1

308 and 337

 

 

5-14.1-1. Definitions.

     As used in this chapter:

     (1) “Hotel” shall mean any establishment defined in § 5-14-3.

     (2) “Human trafficking” means the use of force, fraud, or coercion to obtain some type of

labor or commercial sex act as defined in 22 USC § 7102 and the commission of an offense created

by §§ 11-67.1-3 through 11-67.1-7.


 

 

 

 

49)

Section

Added Chapter Numbers:

 

5-14.1-2

308 and 337

 

 

5-14.1-2. Posting requirements.

     (a) Every operator of a hotel shall post in a location conspicuous to employees human

trafficking awareness signage, printed in an easily legible font in English and any other language

spoken by at least ten percent (10%) of the employees.

     (b) The notice shall provide information regarding the National Human Trafficking

Resource Center hotline and substantially state as follows: "If you or someone you know is being

forced to engage in any work or commercial sexual activity and cannot leave, call the toll-free

National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and

services. The toll-free hotline is:

     (1) Available twenty-four (24) hours a day, seven (7) days a week;

     (2) Operated by a nonprofit, nongovernmental organization;

     (3) Anonymous and confidential;

     (4) Accessible in one hundred seventy (170) languages; and

     (5) Able to provide help, referral to services, training, and general information."


 

 

 

 

50)

Section

Amended Chapter Numbers:

 

5-19.1-2

357 and 358

 

 

5-19.1-2. Definitions.

     (a) "Biological product" means a "biological product" as defined in the "Public Health

Service Act," 42 U.S.C. § 262.

     (b) "Board" means the Rhode Island board of pharmacy.

     (c) "Change of ownership" means:

     (1) In the case of a pharmacy, manufacturer, or wholesaler that is a partnership, any change

that results in a new partner acquiring a controlling interest in the partnership;

     (2) In the case of a pharmacy, manufacturer, or wholesaler that is a sole proprietorship, the

transfer of the title and property to another person;

     (3) In the case of a pharmacy, manufacturer, or wholesaler that is a corporation:

     (i) A sale, lease exchange, or other disposition of all, or substantially all, of the property

and assets of the corporation; or

     (ii) A merger of the corporation into another corporation; or

     (iii) The consolidation of two (2) or more corporations resulting in the creation of a new

corporation; or

     (iv) In the case of a pharmacy, manufacturer, or wholesaler that is a business corporation,

any transfer of corporate stock that results in a new person acquiring a controlling interest in the

corporation; or

     (v) In the case of a pharmacy, manufacturer, or wholesaler that is a non-business

corporation, any change in membership that results in a new person acquiring a controlling vote in

the corporation.

     (d) "Compounding" means the act of combining two (2) or more ingredients as a result of

a practitioner's prescription or medication order occurring in the course of professional practice

based upon the individual needs of a patient and a relationship between the practitioner, patient,

and pharmacist. Compounding does not mean the routine preparation, mixing, or assembling of

drug products that are essentially copies of a commercially available product. Compounding shall

only occur in the pharmacy where the drug or device is dispensed to the patient or caregiver and

includes the preparation of drugs or devices in anticipation of prescription orders based upon

routine, regularly observed prescribing patterns.

     (e) "Controlled substance" means a drug or substance, or an immediate precursor of such

drug or substance, so designated under, or pursuant to, the provisions of chapter 28 of title 21.

     (f) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one

person to another of a drug or device, whether or not there is an agency relationship.

     (g) "Device" means instruments, apparatus, and contrivances, including their components,

parts, and accessories, intended:

     (1) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man

humans or other animals; or

     (2) To affect the structure or any function of the body of humans or other animals.

     (h) "Director" means the director of the Rhode Island state department of health.

     (i) "Dispense" means the interpretation of a prescription or order for a drug, biological, or

device and, pursuant to that prescription or order, the proper selection, measuring, compounding,

labeling, or packaging necessary to prepare that prescription or order for delivery or administration.

     (j) "Distribute" means the delivery of a drug or device other than by administering or

dispensing.

     (k) "Drug" means:

     (1) Articles recognized in the official United States Pharmacopoeia or the Official

Homeopathic Pharmacopoeia of the U.S.;

     (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention

of disease in humans or other animals;

     (3) Substances (other than food) intended to affect the structure, or any function, of the

body of humans or other animals; or

     (4) Substances intended for use as a component of any substances specified in subsection

(k)(1), (k)(2), or (k)(3), but not including devices or their component parts or accessories.

     (l) "Equivalent and interchangeable" means a drug, excluding a biological product, having

the same generic name, dosage form, and labeled potency, meeting standards of the United States

Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation

of the requirements of the United States Food and Drug Administration, or its successor agency, or

the Rhode Island department of health.

     (m) "Interchangeable biological product" means a biological product that the United States

Food and Drug Administration has:

     (1) Licensed and determined meets the standards for interchangeability pursuant to 42

U.S.C. § 262(k)(4) or lists of licensed, biological products with reference product exclusivity and

biosimilarity or interchangeability evaluations; or

     (2) Determined is therapeutically equivalent as set forth in the latest edition of, or

supplement to, the United States Food and Drug Administration's Approved Drug Products with

Therapeutic Equivalence Evaluations.

     (n) "Intern" means:

     (1) A graduate of an American Council on Pharmaceutical Education (ACPE)-accredited

program of pharmacy;

     (2) A student who is enrolled in at least the first year of a professional ACPE-accredited

program of pharmacy; or

     (3) A graduate of a foreign college of pharmacy who has obtained full certification from

the FPGEC (Foreign Pharmacy Graduate Equivalency Commission) administered by the National

Association of Boards of Pharmacy.

     (o) "Legend drugs" means any drugs that are required by any applicable federal or state

law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.

     (p) "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 A1c 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.

     (q) "Manufacture" means the production, preparation, propagation, compounding, or

processing of a drug or other substance or device or the packaging or repackaging.

     (r) "Non-legend" or "nonprescription drugs" means any drugs that may be lawfully sold

without a prescription.

     (s) "Person" means an individual, corporation, government, subdivision, or agency,

business trust, estate, trust, partnership, or association, or any other legal entity.

     (t) "Pharmaceutical care" is the provision of drugs and other pharmaceutical services

intended to achieve outcomes related to cure or prevention of a disease, elimination or reduction of

a patient's symptoms, or arresting or slowing of a disease process. "Pharmaceutical care" includes

the judgment of a pharmacist in dispensing an equivalent and interchangeable drug or device in

response to a prescription after appropriate communication with the prescriber and the patient.

     (u) "Pharmacist in charge" means a pharmacist licensed in this state as designated by the

owner as the person responsible for the operation of a pharmacy in conformance with all laws and

regulations pertinent to the practice of pharmacy and who is personally in full and actual charge of

such pharmacy and personnel.

     (v) "Pharmacy" means that portion or part of a premise where prescriptions are

compounded and dispensed, including that portion utilized for the storage of prescription or legend

drugs.

     (w) "Pharmacy technician" means an individual who meets minimum qualifications

established by the board, that are less than those established by this chapter as necessary for

licensing as a pharmacist, and who works under the direction and supervision of a licensed

pharmacist.

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

medical orders; the dispensing of prescription drug orders; participation in drug and device

selection; the compounding of prescription drugs; drug regimen reviews and drug or drug-related

research; the administration of adult immunizations and, medications approved by the department

of health in consultation with the board of pharmacy for administration by a pharmacist except as

provided by § 5-25-7, pursuant to a valid prescription or physician-approved protocol and in

accordance with regulations, to include training requirements as promulgated by the department of

health; the administration of all forms of influenza immunizations to individuals between the ages

of nine (9) years and eighteen (18) years, inclusive, pursuant to a valid prescription or prescriber-

approved protocol, in accordance with the provisions of § 5-19.1-31 and in accordance with

regulations, to include necessary training requirements specific to the administration of influenza

immunizations to individuals between the ages of nine (9) years and eighteen (18) years, inclusive,

as promulgated by the department of health; provision of patient counseling and the provision of

those acts or services necessary to provide pharmaceutical care; 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;

and the performance of clinical laboratory tests, provided such testing is limited to limited-function

tests as defined herein. Nothing in this definition shall be construed to limit or otherwise affect the

scope of practice of any other profession.

     (y) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly

authorized by law in the state in which they practice to prescribe drugs.

     (z) "Preceptor" means a pharmacist registered to engage in the practice of pharmacy in this

state who has the responsibility for training interns.

     (aa) "Prescription" means an order for drugs or devices issued by the practitioner duly

authorized by law in the state in which he or she practices to prescribe drugs or devices in the course

of his or her professional practice for a legitimate medical purpose.

     (bb) "Wholesaler" means a person who buys drugs or devices for resale and distribution to

corporations, individuals, or entities other than consumers.


 

 

 

 

51)

Section

Amended Chapter Numbers:

 

5-20.5-4

211 and 322

 

 

5-20.5-4. Examination of applicants -- Examination fee -- Licensing without

examination.

     (a) The director shall require any applicant for a real estate broker's or salesperson's license

to submit to and pass a written examination to show the applicant's knowledge of the state statutes

and the rules and regulations relating to real property, deeds, mortgages, leases, contracts, and

agency real estate relationships, and federal and state fair housing laws pertaining to fair housing

and the treatment of any individual in a protected class as designated in chapter 37 of title 34. An

applicant shall not be required to take the uniform portion of the Rhode Island real estate licensing

examination if the applicant provides sufficient evidence that the applicant possesses an existing

valid real estate license from a state that has similar statutes or regulations in effect which that

provide for reciprocal waiver of the uniform portion of the real estate licensing examination for

persons holding an existing valid Rhode Island real estate broker's or salesperson's license. An

applicant for a real estate broker's or salesperson's license, prior to the taking of the examination,

must pay an examination fee, the cost of which is limited to the charge as designated by the

appropriate testing service's contract with the department of business regulation.

     (b) An applicant for a real estate salesperson's license must submit satisfactory evidence of

completion of a minimum of forty-five (45) classroom hours in a real estate course given by a

school as defined in § 5-20.5-19. The applicant for a broker's license must also submit satisfactory

proof that he or she: (i) Has been engaged full time as a real estate salesperson for at least two (2)

years immediately prior to the date of application; and (ii) Has successfully completed at least

ninety (90) hours of approved classroom study in a school as defined in § 5-20.5-19, or equivalent

in a correspondence course offered by an extension department of an accredited college or

university. The director, in his or her sole discretion, may require any additional evidence or proof

as to the honesty, trustworthiness, integrity, good reputation, and competency of any applicant.

     (c) Any successful applicant who fails to remit the original license fee as provided in § 5-

20.5-11 within one year of the date of that examination may be required by the director to re-submit

to and pass a written examination as provided in subsection (a) of this section.

     (d) When an attorney-at-law licensed by the supreme court of the state desires to have a

real estate broker's license or a real estate salesperson's license, the attorney, by application, and

upon payment of the applicable fee as provided in § 5-20.5-11, shall be granted a license without

examination.

     (e) A certificate of licensure shall be issued by the real estate division of the department of

business regulation within thirty (30) days after it is requested at a cost of not more than twenty-

five dollars ($25.00) for each certificate issued.


 

 

 

52)

Section

Amended Chapter Numbers:

 

5-20.5-6

211 and 322

 

 

5-20.5-6. Duration and renewal of licenses -- Continuing education-rules and regulations --

Suspension or revocation of licenses.

     (a) If the director is satisfied that the applicant is competent and trustworthy and is

reasonably familiar with the statutes and law relating to real estate, he or she shall issue to the

applicant a license to act as a real estate broker or a real estate salesperson. The director shall

promulgate rules and regulations mandating the term of license for each category of license issued

pursuant to this chapter. No license shall remain in force for a period in excess of three (3) years.

Any fee for the initial issuance of a license or for renewal of a license issued pursuant to this chapter

is determined by multiplying the current annual fee by the term of years of the license or renewal.

The fee for the total number of years of the initial license or of the renewal shall be paid in full

prior to the issuance of the respective license. The license shall be renewed upon payment of the

renewal fee and proof of completion of any continuing education requirements as set forth in the

rules and regulations issued by the department of business regulation. Any license issued or

renewed may be suspended or revoked by the director, for cause, prior to the expiration date. The

director shall issue reasonable rules and regulations with the consent of the majority of the Rhode

Island real estate commission governing the conduct of licensed real estate brokers and

salespersons. These rules and regulations shall be designed to implement the laws and policies of

this state and to protect the interests of the public.

     (b) Except as provided in subsection (d) of this section, all applicants for a renewal license

for real estate brokers or real estate salespersons, shall submit proof to the director that they have

completed during the preceding two-(2) year (2) period, a minimum of twenty-four (24) classroom

hours of real estate oriented educational sessions or courses of instruction that have been previously

approved by the director. A minimum of three (3) of such classroom hours shall be comprised of

instruction about federal, Rhode Island, or local laws pertaining to fair housing and the treatment

of any individual in a protected class as designated in chapter 37 of title 34.

     (c) The license shall be renewed upon payment of the renewal fee and proof of completion

of continuing education requirements as set forth in the rules and regulations issued by the

department of business regulation. Any license issued or renewed may be suspended or revoked by

the director, for cause, prior to the expiration date. The director shall issue reasonable rules and

regulations with the consent of the majority of the Rhode Island real estate commission governing

the conduct of licensed real estate brokers and salespersons. These rules and regulations shall be

designed to implement the laws and policies of this state and to protect the interests of the public.

     (b)(d) Any rules or regulations promulgated with regard to the requirement of continuing

education for the renewal of any real estate broker's or salesperson's license whose application for

an initial broker's or salesperson's license is approved within one hundred eighty (180) days of the

expiration date of his or her initial license is not subject to the continuing education requirement at

the time of his or her first renewal. An attorney at law licensed by the supreme court of the state

and granted a license pursuant to § 5-20.5-4(d) is not subject to the continuing education

requirements. The director, after a due and proper hearing, may suspend, revoke, or refuse to renew

any license upon proof that it was obtained by fraud or misrepresentation or that the holder of the

license has been guilty of fraud or misrepresentation or criminal acts in the performance of his or

her functions, or upon proof that the holder of the license has violated this statute or any rule or

regulation issued pursuant to this statute.

     (c)(e) The director shall, for licenses issued or renewed after July 1, 2004, require proof of

reasonable familiarity with and knowledge of duties and responsibilities established by the lead

poisoning prevention act, chapter 24.6 of title 23, and the lead hazard mitigation act, chapter 128.1

of title 42. Notwithstanding the provisions of subsection (b) of this section, the requirements of this

subsection shall apply to first renewals when licenses were initially issued before July 1, 2004. This

subsection shall be put into force and effect by the director in the manner set forth in chapter 128.1

of title 42 and with the advice of the Rhode Island real estate commission.


 

 

 

 

53)

Section

Amended Chapter Numbers:

 

5-20.5-14

211 and 322

 

 

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 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, 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 Violating chapter 37 of title 34 in his or her capacity as a real estate licensee,

including, but not limited to, 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 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 or contractual relationship, or failure of a

salesperson to notify the director, in writing, within ten (10) days of any change in 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.


 

 

 

 

 

54)

Section

Amended Chapter Numbers:

 

5-25-14

400 and 401

 

 

5-25-14. Grounds for denial, revocation, or suspension of license.

     The division has the power to deny, revoke, or suspend any license issued under this

chapter or otherwise discipline a licensee upon proof of the following:

     (1) Conviction of a crime involving moral turpitude; conviction of a felony; and conviction

of a crime arising out of the practice of veterinary medicine;

     (2) Addiction to narcotics, habitual drunkenness, or rendering professional services to a

patient while the veterinarian is intoxicated or incapacitated by the use of drugs;

     (3) Knowingly placing the health of a client at serious risk without maintaining proper

precautions;

     (4) Fraud or misrepresentation in any phase of procuring or renewing a license;

     (5) Unprofessional conduct, which includes the matters set forth in this section or other

matters as further defined in regulations of the division;

     (6) Advertising designed to mislead the public;

     (7) Representing certain procedures are performed with greater authority or expertise;

     (8) Fraud or misrepresentation of treatment procedures or statements regarding the ability

to treat;

     (9) Fee splitting or kickbacks of any kind, except where services are provided jointly;

     (10) Failure to maintain acceptable sanitation standards;

     (11) Malpractice, gross negligence, or wanton disregard of accepted professional

standards;

     (12) Adjudication of mental incompetence;

     (13) Lack of fitness to practice by reason of mental or physical impairment or otherwise;

or

     (14) Any other grounds to deny, revoke, or suspend a license as provided for in the rules

and regulations.


 

 

 

 

 

 

55)

Section

Amended Chapter Numbers:

 

5-29-12

400 and 401

 

 

5-29-12. Refusal of licensure.

     (a) The director upon recommendation from the board shall, after due notice and a hearing

in accordance with procedures set forth in this chapter, refuse to grant the original license provided

for in this chapter to any podiatrist and/or applicant who is not of good moral character; who does

not meet the requirements for licensure set forth in this chapter and regulations established by the

board or director; who has violated any law involving moral turpitude or affecting the ability of

any podiatrist and/or applicant to practice podiatry; or who has been found guilty in another state

of conduct which that, if committed in Rhode Island, would constitute unprofessional conduct as

defined by the general laws and regulations adopted pursuant to the general laws.

     (b) The director shall serve a copy of the decision or ruling upon any person whose original

certificate has been refused.


 

 

 

 

 

 

 

 

 

56)

Section

Amended Chapter Numbers:

 

5-29-16

400 and 401

 

 

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 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 bioanalytical 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) Practicing podiatry with an unlicensed podiatrist except in accordance with the rules

and regulations of the board, 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 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 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 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 nonaccepted procedure 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.


 

 

 

 

 

 

 

57)

Section

Amended Chapter Numbers:

 

5-30-13

400 and 401

 

 

5-30-13. Continuing education requirements -- Grounds for refusal, revocation, or

suspension of certificates.

     (a) The division of professional regulation of the department of health may, after notice

and a hearing, in its discretion refuse to grant the certificate provided for in this chapter to any

chiropractic physician if the applicant has not furnished satisfactory evidence that he or she has

completed, in the twelve (12) months preceding each renewal date, at least twelve (12) hours of

instruction in chiropractic-related subjects as conducted by the Chiropractic Society of Rhode

Island or the equivalent as approved by the division. Satisfactory evidence of completion of

postgraduate study of a type and character, or at an educational session or institution approved by

the division, is considered equivalent. Every chiropractic physician licensed to practice within this

state, on or before the thirty-first day of October of every third year after the 1980 registration, shall

apply to the Rhode Island state board of chiropractic examiners for certification of triennial

registration with the board. The division may, after notice and a hearing, in its discretion refuse to

grant the certificate provided for in this chapter to any chiropractic physician, if the applicant has

not furnished satisfactory evidence to the board of examiners that in the preceding three (3) years

the practitioner has completed sixty (60) hours of instruction in chiropractic-related subjects

prescribed by the rules and regulations by the board of chiropractic examiners as conducted by the

Chiropractic Society of Rhode Island or the equivalent as approved by the division. Satisfactory

evidence of completion of postgraduate study of a type and character, or at an educational session

or institution approved by the division, is considered equivalent. The division may waive the

educational requirements if the division is satisfied that an applicant has suffered a hardship or for

any other sufficient reason was prevented from meeting the educational requirements.

     (b) The division of professional regulation of the department of health may, after notice

and hearing, in its discretion refuse to grant the certificate provided for in this chapter to any

chiropractic physician who is not of good moral character, or who has violated any of the laws of

the state involving moral turpitude or affecting the ability of any chiropractic physician to practice

chiropractic medicine, or who has been guilty of gross unprofessional conduct or conduct of a

character likely to deceive or defraud the public, and may, after notice and hearing, revoke or

suspend any certificate issued or granted by it for like cause or for any fraud or deception committed

in obtaining the certificate. "Gross unprofessional conduct" is defined as including, but not being

limited to:

     (1) The use of any false or fraudulent statement in any document connected with the

practice of chiropractic medicine;

     (2) The obtaining of any fee by willful fraud or misrepresentation, either to a patient or

insurance plan;

     (3) The willful violation of a privileged communication;

     (4) Knowingly performing any act that in any way aids or assists an unlicensed person to

practice chiropractic medicine in violation of this chapter;

     (5) The practice of chiropractic medicine under a false or assumed name;

     (6) The advertising for the practice of chiropractic medicine in a deceptive or unethical

manner;

     (7) The obtaining of a fee as personal compensation or gain for an employer or for a person

on a fraudulent representation that a manifestly incurable condition can be permanently cured;

     (8) Habitual intoxication or addiction to the use of drugs;

     (9) Willful or repeated violations of any of the rules or regulations of the state department

of health;

     (10) Gross incompetence in the practice of his or her profession;

     (11) Repeated acts of immorality or repeated acts of gross misconduct in the practice of his

or her profession;

     (12) The procuring or aiding or abetting in procuring a criminal abortion; or

     (13) A chiropractic physician 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 chiropractic physician by the insurer as a condition of providing or continuing

to provide services or treatment.

     (c) The division of professional regulation of the department of health shall serve a copy

of its decision or ruling upon any person whose certificate has been revoked or refused.


 

 

 

58)

Section

Amended Chapter Numbers:

 

5-31.1-1

184 and 199

 

 

5-31.1-1. Definitions.

     As used in this chapter:

     (1) "Board" means the Rhode Island board of examiners in dentistry or any committee or

subcommittee of the board.

     (2) "Chief of the division of oral health" means the chief of the division of oral health of

the Rhode Island department of health who is a licensed dentist possessing a masters degree in

public health or a certificate in public health from an accredited program.

     (3) "Dental administrator" means the administrator of the Rhode Island board of examiners

in dentistry.

     (4) "Dental hygienist" means a person with a license to practice dental hygiene in this state

under the provisions of this chapter.

     (5) "Dentist" means a person with a license to practice dentistry in this state under the

provisions of this chapter.

     (6) "Dentistry" is defined as the evaluation, diagnosis, prevention, and/or treatment

(nonsurgical, surgical, or related procedures) of diseases, disorders, and/or conditions of the oral

cavity, cranio-maxillofacial area, and/or the adjacent and associated structures and their impact on

the human body, provided by a dentist, within the scope of his or her education, training, and

experience, in accordance with the ethics of the profession and applicable law.

     (7) "Department" means the Rhode Island department of health.

     (8) "Direct visual supervision" means supervision by an oral and maxillofacial surgeon

(with a permit to administer deep sedation and general anesthesia) by verbal command and under

direct line of sight.

     (9) "Director" means the director of the Rhode Island department of health.

     (10) "Healthcare facility" means any institutional health service provider licensed pursuant

to the provisions of chapter 17 of title 23.

     (11) "Health-maintenance organization" means a public or private organization licensed

pursuant to the provisions of chapter 17 of title 23 or chapter 41 of title 27.

     (12) "Limited registrant" means a person holding a limited registration certificate pursuant

to the provisions of this chapter.

     (13) "Nonprofit medical services corporation" or "nonprofit hospital service corporation"

or "nonprofit dental service corporation" means any corporation organized pursuant to chapter 19

or 20 of title 27 for the purpose of establishing, maintaining, and operating a nonprofit medical,

hospital, or dental service plan.

     (14) "Peer-review board" means any committee of a state, local, dental or dental hygiene

association or society, or a committee of any licensed healthcare facility, or the dental staff of the

committee, or any committee of a dental care foundation or health-maintenance organization, or

any staff committee or consultant of a hospital, medical, or dental service corporation, the function

of which, or one of the functions of which, is to evaluate and improve the quality of dental care

rendered by providers of dental care service or to determine that dental care services rendered were

professionally indicated or were performed in compliance with the applicable standard of care or

that the cost for dental care rendered was considered reasonable by the providers of professional

dental care services in the area and includes a committee functioning as a utilization review

committee under the provisions of Pub. L. 89-97, 42 U.S.C. § 1395 et seq. (Medicare law), or as a

professional standards-review organization or statewide professional standards-review council

under the provisions of Pub. L. 92-603, 42 U.S.C. § 1301 et seq. (professional standards-review

organizations), or a similar committee or a committee of similar purpose, to evaluate or review the

diagnosis or treatment of the performance or rendition of dental services performed under public

dental programs of either state or federal design.

     (15) "Person" means any individual, partnership, firm, corporation, association, trust or

estate, state or political subdivision, or instrumentality of a state.

     (16) "Practice of dental hygiene." Any person is practicing dental hygiene within the

meaning of this chapter who performs those services and procedures that a dental hygienist has

been educated to perform and which services and procedures are, from time to time, specifically

authorized by rules and regulations adopted by the board of examiners in dentistry. Nothing in this

section is construed to authorize a licensed dental hygienist to perform the following: diagnosis and

treatment planning, surgical procedures on hard or soft tissue, prescribe medication, or administer

general anesthesia or injectables other than oral local anesthesia. A dental hygienist is only

permitted to practice dental hygiene under the general supervision of a dentist licensed and

registered in this state under the provisions of this chapter.

     (A) (i) Provided, that in order to administer local injectable anesthesia to dental patients,

dental hygienists must be under the supervision of a dentist and meet the requirements established

by regulation of the board of examiners in dentistry including payment of a permit fee.

     (17)(i)(A) "Practice of dentistry." Any person is practicing dentistry within the meaning of

this chapter who:

     (I) Uses or permits to be used, directly or indirectly, for profit or otherwise, for himself,

herself, or for any other person, in connection with his or her name, the word "dentist" or "dental

surgeon," or the title "D.D.S." or "D.M.D.," or any other words, letters, titles, or descriptive matter,

personal or not, that directly or indirectly implies the practice of dentistry;

     (II) Owns, leases, maintains, operates a dental business in any office or other room or rooms

where dental operations are performed, or directly or indirectly is manager, proprietor, or conductor

of this business;

     (III) Directly or indirectly informs the public in any language, orally, in writing, or in

printing, or by drawings, demonstrations, specimens, signs, or pictures that he or she can perform

or will attempt to perform, dental operations of any kind;

     (IV) Undertakes, by any means or method, gratuitously, or for a salary, fee, money, or other

reward paid or granted directly or indirectly to himself or herself, or to any other person, to diagnose

or profess to diagnose, or to treat or profess to treat, or to prescribe for, or profess to prescribe for,

any of the lesions, diseases, disorders, or deficiencies of the human oral cavity, teeth, gums,

maxilla, or mandible, and/or adjacent associated structures;

     (V) Extracts human teeth, corrects malpositions of the teeth or of the jaws;

     (VI) Except on the written prescription of a licensed dentist and by the use of impressions

or casts made by a licensed and practicing dentist, directly or indirectly by mail, carrier, personal

agent, or by any other method, furnishes, supplies, constructs, reproduces, or repairs prosthetic

dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth;

     (VII) Places those substitutes in the mouth and/or adjusts them;

     (VIII) Administers an anesthetic, either general or local, in the course of any of the

previously stated dental procedures; or

     (IX) Engages in any of the practices included in the curricula of recognized dental colleges;

     (B) Provided, that in order to administer any form of anesthesia, other than local, dentists

must meet the requirements established by regulation of the board of examiners in dentistry,

including training in advanced cardiac life support and pediatric advanced life support, and

payment of a permit fee.

     (ii) The board shall promulgate regulations relating to anesthesia. Those regulations shall

be consistent with the American Dental Association guidelines for the use of conscious sedation,

deep sedation, and general anesthesia in dentistry. Neither the board, nor any regulation

promulgated by the board, shall require additional licensing fees for the use of nitrous oxide by

dentists. Prior to the adoption of those regulations, dentists shall be permitted to administer

anesthesia without restriction. From the proceeds of any fees collected pursuant to the provisions

of this chapter, there is created a restricted receipts account that is used solely to pay for the

administrative expenses incurred for expenses of administrating this chapter.

     (iii) No non-dentist who operates a dental facility in the form of a licensed outpatient

healthcare center or management service organization may interfere with the professional judgment

of a dentist in the practice.

     (18) "Telemedicine" has the same meaning as provided in § 27-81-3.


 

 

 

59)

Section

Amended Chapter Numbers:

 

5-31.1-2

69 and 70

 

 

5-31.1-2. Board of examiners in dentistry -- Members -- Compensation -- Funds.

     (a) There is created within the department of health the Rhode Island board of examiners

in dentistry composed of the following members:

     (1) Eight (8) licensed dentists, no more than three (3) shall be dental specialists as

recognized by the American Dental Association (ADA) and at least one of the three (3) dental

specialists shall be an oral and maxillofacial surgeon;

     (2) Four (4) public members not associated with the dental field;

     (3) Two (2) licensed dental hygienists;

     (4) The chief of the office of dental public health, who shall serve as an ex-officio member

of the board; and

     (5) One certified dental assistant.

     (b) The governor shall appoint the members of the board, except that prior to appointing

the eight (8) dentist members, the governor may submit a list of all candidates to the appropriate

dental societies for comments as to their qualifications. No member shall be appointed for more

than two (2) consecutive full terms. A member appointed for less than a full term (originally or to

fill a vacancy) may serve two (2) full terms in addition to that part of a full term, and a former

member is again eligible for appointment after a lapse of one or more years. All subsequent

appointments to the board shall be for a term of three (3) years. Any member of the board may be

removed by the governor for neglect of duty, misconduct, malfeasance, or misfeasance in office

after being given a written statement of the charges against him or her and sufficient opportunity

to be heard on the charges. The director of the department of health shall appoint from the members

a chairperson who shall be a dentist duly licensed under the laws of the state of Rhode Island, and

a vice-chairperson who shall in the absence of the chairperson exercise all powers of the

chairperson, and secretary, who serve for one year or until their successors are appointed and

qualified. The board shall meet at least once a month or more often upon the call of the chairperson,

director of health, or dental administrator, at any times and places that the chairperson designates.

     (c) Members of the board shall not be paid for the discharge of official duties.

     (d) The director has the authority to suspend or revoke the license of any dentist or dental

hygienist who does not pay the annual fee. Monies shall be received by the department and

deposited in the general fund as general revenues.


 

 

 

 

60)

Section

Amended Chapter Numbers:

 

5-31.1-8

400 and 401

 

 

5-31.1-8. Refusal of licensure.

     (a) The director, upon recommendation from the board, after notice and hearing in

accordance with the procedures prescribed in this chapter, shall refuse to grant the original license

provided for in this chapter to any dentist, dental hygienist, DAANCE-certified maxillofacial

surgery assistant, and/or applicant who is not of good moral character; who does not meet the

requirements for licensure prescribed in this chapter and regulations established by the board or

director; who has violated any law involving moral turpitude or affecting the ability of any dentist,

dental hygienist, DAANCE-certified maxillofacial surgery assistant, and/or applicant to practice

dentistry, dental hygiene, or DAANCE-certified maxillofacial surgery assisting; or who has been

found guilty in another state of conduct that if committed in Rhode Island, would constitute

unprofessional conduct as defined in § 5-31.1-10 and regulations adopted under this chapter.

     (b) The director shall serve a copy of his or her decision or ruling upon any person whose

original certificate has been refused.


 

 

 

 

61)

Section

Chapter Numbers:

 

5-31.1-10

400 and 401

 

 

5-31.1-10. 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 defined by regulations established by

the board with the approval of the director:

     (1) Fraudulent or deceptive procuring or use of a license or limited registration;

     (2) All advertising of dental, dental hygiene, or DAANCE-certified maxillofacial surgery

assisting business that is intended, or has a tendency, to deceive the public or a dentist advertising

as a specialty in an area of dentistry unless the dentist:

     (i) Is a diplomat of or a fellow in a specialty board accredited or recognized by the

American Dental Association; or

     (ii) Has completed a postgraduate program approved by the Commission on Dental

Accreditation of the American Dental Association;

     (3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of

a crime arising out of the practice of dentistry, dental hygiene, or DAANCE-certified maxillofacial

surgery assisting;

     (4) Abandonment of a patient;

     (5) Dependence upon controlled substances, habitual drunkenness, or rendering

professional services to a patient while the dentist, dental hygienist, DAANCE-certified

maxillofacial surgery assisting assisstant or limited registrant is intoxicated or incapacitated by the use of

drugs;

     (6) Promotion by a dentist, dental hygienist, DAANCE-certified maxillofacial surgery

assistant, or limited registrant of the sale of drugs, devices, appliances, or goods or services

provided for a patient in a manner as to exploit the patient for the financial gain of the dentist,

dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant;

     (7) Immoral conduct of a dentist, dental hygienist, DAANCE-certified maxillofacial

surgery assistant, or limited registrant in the practice of dentistry, dental hygiene, or DAANCE-

certified maxillofacial surgery assisting;

     (8) Willfully making and filing false reports or records in the practice of dentistry or dental

hygiene;

     (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 dental or other reports as required

by law;

     (10) Failure to furnish details of a patient's dental record to succeeding dentists or dental

care 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 dentist, dental hygienist, 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 bioanalytical laboratories to accept payments from those

laboratories for individual tests or test series for patients, or agreeing with dental laboratories to

accept payment from those laboratories for work referred;

     (14) Willful misrepresentation in treatments;

     (15) Practicing dentistry with an unlicensed dentist or practicing dental hygiene with an

unlicensed dental hygienist or practicing DAANCE-certified maxillofacial surgery assisting with

an unlicensed DAANCE-certified maxillofacial surgery assistant, except in an accredited training

program, or with a dental assistant in accordance with the rules and regulations of the board or

aiding or abetting those unlicensed persons in the practice of dentistry or dental hygiene;

     (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 dental 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 dentistry, dental

hygiene, or DAANCE-certified maxillofacial surgery assisting, including the rendering of

unnecessary dental services and any departure from, or the failure to conform to, the minimal

standards of acceptable and prevailing dental, dental hygiene, or DAANCE-certified maxillofacial

surgery assisting 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 dentist, dental hygienist,

DAANCE-certified maxillofacial surgery assistant, or limited registrant guilty of the previously

named misconduct;

     (20) Failure to comply with the provisions of chapter 4.7 of title 23;

     (21) Revocation, suspension, surrender, or limitation of privilege based on quality of care

provided or any other disciplinary action against a license to practice dentistry, dental hygiene, or

DAANCE-certified maxillofacial surgery assisting in another state or jurisdiction, or revocation,

suspension, surrender, or other disciplinary action as to membership on any dental staff or in any

dental or professional association or society for conduct similar to acts or conduct that would

constitute grounds for action as prescribed in this chapter;

     (22) Any adverse judgment, settlement, or award arising from a dental-liability claim

related to acts or conduct similar to acts or conduct that would constitute grounds for action as

defined in this chapter or regulations adopted under this chapter;

     (23) Failure to furnish the board, its dental administrator, investigator, or representatives,

information legally requested by the board;

     (24) Violation of any provision or 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;

     (25) Cheating on or attempting to subvert the licensing examination;

     (26) Violating any state or federal law or regulation relating to controlled substances;

     (27) Failure to maintain standards established by peer-review boards, including, but not

limited to, standards related to proper utilization of services, and use of nonaccepted procedure

and/or quality of care;

     (28) Malpractice as defined in § 5-37-1(8).

     (29) No person licensed to practice dentistry in the state of Rhode Island may permit a non-

dentist who operates a dental facility in the form of a licensed outpatient healthcare center or

management service organization to interfere with the professional judgment of the dentist in the

practice.


 

 

 

 

 

 

 

 

 

 

62)

Section

Added Chapter Numbers:

 

5-31.1-40

184 and 199

 

 

5-31.1-40. Telemedicine in the practice of dentistry.

     (a) Professionals licensed under this chapter utilizing telemedicine in the practice of

dentistry are subject to the same standard of care that would apply to the provision of the same

dental care service or procedure in an in-person setting.


 

 

 

 

63)

Section

Amended Chapter Numbers:

 

5-37-4

400 and 401

 

 

5-37-4. Refusal of licensure.

     (a) The director at the direction of the board shall, after notice and hearing, in accordance

with the procedures established in §§ 5-37-5.2 -- 5-37-6.2, refuse to grant the original license

provided for in this chapter to any physician and/or applicant:

     (1) Who is not of good moral character;

     (2) Who does not meet the requirements for licensure prescribed in this chapter, regulations

established by the board, and/or regulations promulgated by the director;

     (3) Who has violated any laws involving moral turpitude or affecting the ability of any

physician and/or applicant to practice medicine; or

     (4) Who has been found guilty in another state of conduct which that, if committed in

Rhode Island, would constitute unprofessional conduct as defined in § 5-37-5.1 and regulations

adopted under that section.

     (b) The director shall serve a copy of his or her decision or ruling upon any person whose

original certificate has been refused.


 

 

 

 

64)

Section

Amended Chapter Numbers:

 

5-37-5.1

400 and 401

 

 

5-37-5.1. Unprofessional conduct.

     The term "unprofessional conduct" as used in this chapter includes, but is not limited to,

the following items or any combination of these items and may be further defined by regulations

established by the board with the prior approval of the director:

     (1) Fraudulent or deceptive procuring or use of a license or limited registration;

     (2) All advertising of medical business that is intended or has a tendency to deceive the

public;

     (3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of

a crime arising out of the practice of medicine;

     (4) Abandoning a patient;

     (5) Dependence upon controlled substances, habitual drunkenness, or rendering

professional services to a patient while the physician or limited registrant is intoxicated or

incapacitated by the use of drugs;

     (6) Promotion by a physician or limited registrant of the sale of drugs, devices, appliances,

or goods or services provided for a patient in a manner as to exploit the patient for the financial

gain of the physician or limited registrant;

     (7) Immoral conduct of a physician or limited registrant in the practice of medicine;

     (8) Willfully making and filing false reports or records in the practice of medicine;

     (9) Willfully omitting to file or record, or willfully impeding or obstructing a filing or

recording, or inducing another person to omit to file or record, medical or other reports as required

by law;

     (10) Failing to furnish details of a patient's medical record to succeeding physicians,

healthcare facility, or other healthcare providers upon proper request pursuant to § 5-37.3-4;

     (11) Soliciting professional patronage by agents or persons or profiting from acts of those

representing themselves to be agents of the licensed physician or limited registrants;

     (12) Dividing 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 bioanalytical laboratories to accept payments from these

laboratories for individual tests or test series for patients;

     (14) Making willful misrepresentations in treatments;

     (15) Practicing medicine with an unlicensed physician except in an accredited

preceptorship or residency training program, or aiding or abetting unlicensed persons in the practice

of medicine;

     (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 health 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 incompetency;

     (19) Incompetent, negligent, or willful misconduct in the practice of medicine, which

includes the rendering of medically unnecessary services, and any departure from, or the failure to

conform to, the minimal standards of acceptable and prevailing medical 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 physician or limited registrant guilty of the unacceptable medical

practice in this subsection;

     (20) Failing to comply with the provisions of chapter 4.7 of title 23;

     (21) Surrender, revocation, suspension, limitation of privilege based on quality of care

provided, or any other disciplinary action against a license or authorization to practice medicine in

another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action

relating to a membership on any medical staff or in any medical or professional association or

society while under disciplinary investigation by any of those authorities or bodies for acts or

conduct similar to acts or conduct that would constitute grounds for action as described in this

chapter;

     (22) Multiple adverse judgments, settlements, or awards arising from medical liability

claims related to acts or conduct that would constitute grounds for action as described in this

chapter;

     (23) Failing to furnish the board, its chief administrative officer, investigator, or

representatives, information legally requested by the board;

     (24) Violating any provision or provisions of this chapter or the rules and regulations of

the board or any rules or regulations promulgated by the director or of an action, stipulation, or

agreement of the board;

     (25) Cheating on or attempting to subvert the licensing examination;

     (26) Violating any state or federal law or regulation relating to controlled substances;

     (27) Failing to maintain standards established by peer-review boards, including, but not

limited to, standards related to proper utilization of services, use of nonaccepted procedure, and/or

quality of care;

     (28) A pattern of medical malpractice, or willful or gross malpractice on a particular

occasion;

     (29) Agreeing to treat a beneficiary of health insurance under title XVIII of the Social

Security Act, 42 U.S.C. § 1395 et seq., "Medicare Act," and then charging or collecting from this

beneficiary any amount in excess of the amount or amounts permitted pursuant to the Medicare

Act;

     (30) Sexual contact between a physician and patient during the existence of the

physician/patient relationship; or

     (31) Knowingly violating the provisions of subsection 23-4.13-2(d).


 

 

 

 

65)

Section

Amended Chapter Numbers:

 

5-37-5.1

414 and 415

 

 

5-37-5.1. Unprofessional conduct.

     The term "unprofessional conduct" as used in this chapter includes, but is not limited to,

the following items or any combination of these items and may be further defined by regulations

established by the board with the prior approval of the director:

     (1) Fraudulent or deceptive procuring or use of a license or limited registration;

     (2) All advertising of medical 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; conviction of

a crime arising out of the practice of medicine;

     (4) Abandoning a patient;

     (5) Dependence upon controlled substances, habitual drunkenness, or rendering

professional services to a patient while the physician or limited registrant is intoxicated or

incapacitated by the use of drugs;

     (6) Promotion by a physician or limited registrant of the sale of drugs, devices, appliances,

or goods or services provided for a patient in a manner as to exploit the patient for the financial

gain of the physician or limited registrant;

     (7) Immoral conduct of a physician or limited registrant in the practice of medicine;

     (8) Willfully making and filing false reports or records in the practice of medicine;

     (9) Willfully omitting to file or record, or willfully impeding or obstructing a filing or

recording, or inducing another person to omit to file or record, medical or other reports as required

by law;

     (10) Failing to furnish details of a patient's medical record to succeeding physicians, health

care healthcare facility, or other health care providers upon proper request pursuant to § 5-37.3-4;

     (11) Soliciting professional patronage by agents or persons or profiting from acts of those

representing themselves to be agents of the licensed physician or limited registrants;

     (12) Dividing 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 bioanalytical laboratories to accept payments from these

laboratories for individual tests or test series for patients;

     (14) Making willful misrepresentations in treatments;

     (15) Practicing medicine with an unlicensed physician except in an accredited

preceptorship or residency training program, or aiding or abetting unlicensed persons in the practice

of medicine;

     (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 health 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 incompetency;

     (19) Incompetent, negligent, or willful misconduct in the practice of medicine which that

which includes the rendering of medically unnecessary services, and any departure from, or the

failure to conform to, the minimal standards of acceptable and prevailing medical 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 physician or limited registrant guilty of the unacceptable

medical practice in this subdivision subsection;

     (20) Failing to comply with the provisions of chapter 4.7 of title 23;

     (21) Surrender, revocation, suspension, limitation of privilege based on quality of care

provided, or any other disciplinary action against a license or authorization to practice medicine in

another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action

relating to a membership on any medical staff or in any medical or professional association or

society while under disciplinary investigation by any of those authorities or bodies for acts or

conduct similar to acts or conduct which that would constitute grounds for action as described in

this chapter;

     (22) Multiple adverse judgments, settlements, or awards arising from medical liability

claims related to acts or conduct which that would constitute grounds for action as described in

this chapter;

     (23) Failing to furnish the board, its chief administrative officer, investigator, or

representatives, information legally requested by the board;

     (24) Violating any provision or provisions of this chapter or the rules and regulations of

the board or any rules or regulations promulgated by the director or of an action, stipulation, or

agreement of the board;

     (25) Cheating on or attempting to subvert the licensing examination;

     (26) Violating any state or federal law or regulation relating to controlled substances;

     (27) Failing to maintain standards established by peer review boards, including, but not

limited to,: standards related to proper utilization of services, use of nonaccepted procedure, and/or

quality of care;

     (28) A pattern of medical malpractice, or willful or gross malpractice on a particular

occasion;

     (29) Agreeing to treat a beneficiary of health insurance under title XVIII of the Social

Security Act, 42 U.S.C. § 1395 et seq., "Medicare Act", and then charging or collecting from this

beneficiary any amount in excess of the amount or amounts permitted pursuant to the Medicare

Act;

     (30) Sexual contact between a physician and patient during the existence of the

physician/patient relationship; or

     (31) Knowingly violating the provisions of subsection § 23-4.13-2(d); or

     (32) Performing a pelvic examination or supervising a pelvic examination performed by

an individual practicing under the supervision of a physician on an anesthetized or unconscious

female patient without first obtaining the patient's informed consent to pelvic examination, unless

the performance of a pelvic examination is within the scope of the surgical procedure or diagnostic

examination to be performed on the patient for which informed consent has otherwise been

obtained or in the case of an unconscious patient, the pelvic examination is required for diagnostic

purposes and is medically necessary.


 

 

 

66)

Section

Amended Chapter Numbers:

 

5-37-6.3

396 and 397

 

 

5-37-6.3. Sanctions.

     If the accused is found guilty of unprofessional conduct as described in § 5-37-6.2, the

director, at the direction of the board, shall impose one or more of the following conditions:

     (1) Administer a reprimand;

     (2) Suspend or limit or restrict his or her license or limited registration to practice medicine;

     (3) Require him or her to serve a period of probation subject to certain conditions and

requirements including, where appropriate, sanctions or restitution;

     (4) Revoke indefinitely his or her license or limited registration to practice medicine;

     (5) Require him or her to submit to the care, counseling, or treatment of a physician or

program acceptable to the board;

     (6) Require him or her to participate in a program of continuing medical education in the

area or areas in which he or she has been judged deficient;

     (7) Require him or her to practice under the direction of a physician in a public institution,

public or private healthcare program, or private practice for a period of time specified by the board;

     (8) Assess against the physician the administrative costs of the proceedings instituted

against the physician under this chapter; provided, that this assessment does not exceed ten

thousand dollars ($10,000) thirty thousand dollars ($30,000);

     (9) Any other conditions or restrictions deemed appropriate under the circumstances.


 

 

 

 

67)

Section

Amended Chapter Numbers:

 

5-37.2

Chapter 5-37.2

 

 

THE PRACTICE OF ACUPUNCTURE AND CHINESE MEDICINE


 

 

 

68)

Section

Amended Chapter Numbers:

 

5-37.2-1

62 and 68

 

 

5-37.2-1.  Legislative declaration -- Acupuncture and Chinese Medicine.

     The practice of the healing art of acupuncture and Oriental Chinese medicine, and any

branch of acupuncture and Oriental Chinese medicine, is declared to be a learned profession,

affecting public safety and welfare and charged with the public interest, and subject to protection

and regulation by the state.


 

 

 

69)

Section

Amended Chapter Numbers:

 

5-37.2-1.1

62 and 68

 

 

5-37.2-1.1. Board of acupuncture and Chinese medicine.

     (a) The director of the department shall appoint a board of acupuncture and Oriental

Chinese medicine. The board shall consist of five (5) members, all of whom shall be residents of

the state, four (4) of whom shall be doctors of acupuncture and Oriental Chinese medicine licensed

by the department and engaged in the practice of acupuncture and Oriental Chinese medicine in the

state for at least five (5) years prior to their appointment, and there shall be one public member.

The members shall be appointed for terms of three (3) years; each member may serve a maximum

of two (2) consecutive, full terms. No member of the board of acupuncture and Oriental Chinese

medicine shall receive compensation for his or her attendance at meetings of the board.

     (b) The director of health may remove any member from the board for neglect of any duty

required by law or for any incompetency, unprofessional, or dishonorable conduct. Vacancies

created by voluntary resignation or removal by the director of health shall be filled in the same

manner as the original appointment was made for the remainder of the term.


 

 

 

70)

Section

Amended Chapter Numbers:

 

5-37.2-2

62 and 68

 

 

5-37.2-2. Definitions.

     Unless the context otherwise requires, the words, phrases, and derivatives employed in this

chapter have the meanings ascribed to them in this section:

     (1) "Acupuncture" means the insertion of needles into the human body by piercing the skin

of the body, for the purpose of controlling and regulating the flow of energy and blood in the body

physiology.

     (2) "Acupuncture and Chinese medicine" means a form of health care, with a foundation

in classical and modern Chinese medical concepts and theory, that employs Chinese medical

diagnostic methods such as pulse, tongue, palpation, and observational diagnosis, as well as

diagnostic techniques based on newer scientific models. "Acupuncture and Chinese medicine"

includes acupuncture and adjunct therapies for the promotion, maintenance, or restoration of health,

and the treatment, or prevention, of any ailment. The techniques and adjunct therapies of

"Acupuncture and Chinese medicine" may include acupuncture, electro-acupuncture, laser

acupuncture, moxibustion (heat therapy), cupping, TDP and infrared lamps, manual therapies such

as gua sha, cupping, and tui na, corrective exercises such as Qi Gong, Chinese herbal medicine,

dietary therapy, breathing exercises, and lifestyle change consultations.

     (3) "Auricular acudetox", also known as "5 Needle Protocol", "5NP", or "NADA protocol"

means a standardized point auricular acupuncture protocol, consisting of five (5) points:

Sympathetic, Shen Men, Liver, Kidney, and Lung, and was developed by the National Acupuncture

Detox Association (NADA) as an adjunct therapy for the treatment of addiction, substance use

disorder, mental and behavioral health, trauma, and for relief in disaster settings.

     (4) "Auricular acupuncture technician (AAT)" means a qualified individual, as defined in

this section, with auricular acupuncture technician training based on the program developed by

NADA, and is delivered by NADA, or its equivalent.

     (5) "Chinese herbal medicine" means traditional combinations of raw, granular

preparations of herbs to produce formulas from Chinese herbal literature, the modification of those

traditional combinations, or the writing of new formulas to address individual symptom

presentations, through addition, deletion, substitution, or change in dosages of ingredients and the

dispensing of these herbal preparations to patients, including in pill, tablet, capsule, or liquid form.

     (2)(6) "Department" means the state department of health.

     (7) "Doctor of acupuncture" means a person licensed under the provisions of this chapter

to practice acupuncture and Chinese medicine.

     (3)(8) "Doctor of acupuncture and Oriental Chinese medicine" means a person licensed

under the provisions of this chapter to practice the art of healing known as acupuncture and Oriental

Chinese medicine, and who has additional training, experience or certification to practice Chinese

herbal medicine.

     (4) "Oriental medicine" means a form of health care, based on classical Chinese medical

concepts and modern Oriental medical techniques, that employs Chinese medical diagnosis such

as pulse, tongue, palpatory, and observational diagnosis, as well as acupuncture therapies and

diagnostic techniques based on newer scientific models for the assessment, treatment, prevention,

and cure of any disease with the purpose of full health restoration. The techniques and modalities

of Oriental medicine include acupuncture, electro-acupuncture, laser acupuncture, moxibustion

(heat therapy), cupping, TDP and infrared lamps, Tuina, Qi Gong, Gwa/sha, thermography, herbal

GMP standardized therapy, homeopathy and supplement therapy, Chinese dieting therapy,

breathing exercises, and lifestyle change consultations.

     (9) "General supervision" means, but is not limited to, availability by telephone or other

electronic means during business hours.

     (10) "National Acupuncture Detoxification Association" or "NADA" means a not-for-

profit organization that provides a certificate of acudetox training.

     (11) "Qualified individual" means a licensed nurse, clinical social worker, mental health

counselor, certified peer recovery specialist, or certified alcohol or chemical dependency

professional, trained and certified in auricular acudetox. A qualified individual is required to be

under general supervision of a licensed acupuncturist pursuant to chapter 37.2 of this chapter.


 

 

 

 

71)

Section

Amended Chapter Numbers:

 

5-37.2-7

62 and 68

 

 

5-37.2-7. Powers of department.

     For the purpose of conducting its responsibilities under this chapter, the department shall:

     (1) Engage persons of established reputation and known ability in acupuncture and or

Oriental Chinese medicine as consultants to the department; the Rhode Island Society of

Acupuncture, and Oriental Medicine and any other professional association of acupuncture and or

Oriental Chinese medicine are designated as appropriate bodies with which the department shall

consult for referral of consultants and other assistance to the department;

     (2) Maintain an office in the state to carry out the provisions of this chapter;

     (3) Promulgate rules and regulations, or either of them, not inconsistent with the provisions

of this chapter. These rules and regulations may include a code of ethics regulating the professional

conduct of licensees; and

     (4) Compel the attendance of witnesses and the production of evidence by subpoena and

administer oaths.


 

 

 

 

72)

Section

Amended Chapter Numbers:

 

5-37.2-8.1

62 and 68

 

 

5-37.2-8.1. License required.

     (a) Unless licensed as a doctor of acupuncture and Oriental or Chinese medicine under this

chapter, or exempt from licensure under the provisions of this chapter, no person shall practice or

hold himself or herself out as practicing, or engaging in the practice of, acupuncture and Oriental

Chinese medicine, either for compensation or gratuitously.

     (b) This chapter shall not be construed to make unlawful the activities of persons involved

in research performed under the auspices of a federal- or state-regulated research institution.


 

 

 

 

 

 

 

 

73)

Section

Amended Chapter Numbers:

 

5-37.2-9

62 and 68

 

 

5-37.2-9. Special licensing.

     (a) Upon application to the department prior to July 1, 1980, any person who has been an

instructor in the art of acupuncture and Oriental or Chinese medicine at a domestic or foreign

college or university satisfactory to the department for a period of two (2) years and who has had

at least ten (10) years' experience, shall be granted a license by the department as a doctor of

acupuncture and Oriental or doctor of acupuncture and Chinese medicine without the necessity of

taking an examination.

     (b) An acupuncturist, licensed and in good standing to practice acupuncture in another

jurisdiction, may perform acupuncture or acupuncture and Chinese medicine while teaching or

demonstrating or providing acupuncture in connection with teaching or participating in an

educational seminar in Rhode Island.

     (c) An auricular acupuncture technician, qualified and trained to perform 5NP, may

perform the procedure within that individual's current scope of practice; provided, that the

individual obtains a certificate of training from a recognized organization or agency that meets or

exceeds NADA training.

     (d) Acudetox may be performed by auricular acupuncture technicians working in, or in

collaboration with, behavioral health and healthcare agencies, or other state-approved programs or

agencies.

     (e) Any complaints filed against an auricular acupuncture technician relating to the

performance of any 5NP procedure shall be handled by the licensing board or department in

conformance with the requirements of that individual's healthcare license or certification.

     (f) Any individual performing 5NP shall not use the title "acupuncturist" or "doctor of

acupuncture" or "doctor of acupuncture and Chinese medicine," as defined in § 5-37.2-2, or

otherwise represent himself or herself as an acupuncture professional and shall not perform

acupuncture outside of the scope of the auricular acudetox procedure.

     (g) Nothing in this chapter is intended to limit, interfere with, or prevent a certified

auricular acupuncture technician from practicing within the scope of their certification.


 

 

 

 

74)

Section

Amended Chapter Numbers:

 

5-37.2-10

62 and 68

 

 

5-37.2-10. Application for licenses -- Fees.

     An applicant for examination for a license to practice acupuncture and Oriental Chinese

medicine or any branch of acupuncture and Oriental Chinese medicine shall:

     (1) Submit an application to the department on forms provided by the department;

     (2) Submit satisfactory evidence that he or she the applicant is twenty-one (21) years or

older and meets the appropriate education requirements;

     (3) Pay a fee as set forth in § 23-1-54; and

     (4) Pay any fees required by the department for an investigation of the applicant or for the

services of a translator, if required, to enable the applicant to take the examination.


 

 

 

75)

Section

Amended Chapter Numbers:

 

5-37.2-12

62 and 68

 

 

5-37.2-12. Issuance of licenses to practice acupuncture.

     The department shall issue a license for the practice of acupuncture and Oriental Chinese

medicine where the applicant meets the requirements of § 5-37.2-12.1 except as exempted.


 

 

 

 

 

76)

Section

Amended Chapter Numbers:

 

5-37.2-12.1

62 and 68

 

 

5-37.2-12.1. Examination requirements and issuance of license.

     (a) No person shall be licensed as a doctor of acupuncture and Oriental or doctor of

acupuncture and Chinese medicine unless he or she the person has passed the examination by the

National Certification Commission for Acupuncture and Oriental Medicine or successor entity a

credentialing body approved by the department.

     (b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory proof

that he or she the applicant:

     (1) Is a United States citizen or legal alien;

     (2) Has demonstrated proficiency in the English language;

     (3) Is at least twenty-one (21) years of age;

     (4) Is of good moral character;

     (5) Has completed an accredited program of at least thirty-six (36) months and not less than

twenty-five hundred (2,500) one thousand nine hundred five (1,905) hours of training and has

received a certificate or diploma from an institute approved by the Accreditation Commission for

Schools and Colleges of Acupuncture and Oriental Medicine, or any accrediting body approved by

the department, according to the provisions of this chapter; provided, that this subdivision does not

apply to anyone licensed to practice under chapter 37 of this title who is qualified to take and pass

the test by the National Commission for the Certification of Acupuncture and Oriental Medicine

National Certification Commission for Acupuncture and Oriental Medicine, or any credentialing

body meeting the standards for professional certification programs approved by the department;

     (6) Has completed a clinical internship training that is designated as appropriate by the

National Commission for the Certification of Acupuncture and Oriental Medicine Accreditation

Commission for the Schools and Colleges of Acupuncture and Oriental Medicine (ACAOM) or

any credentialing body meeting the standards for professional certification programs approved by

the department; and

     (7) Has three (3) two (2) letters of reference from reputable individuals other than relatives

and at least two (2), one of which are is from a licensed or registered doctors doctor of acupuncture

and Oriental medicine or doctor of acupuncture and Chinese medicine.

     (c) Additional certification for the practice of Chinese herbal medicine.

     (1) A licensed acupuncturist is required to demonstrate that he or she the licensee is

qualified by training, experience, or certification to practice Chinese herbal medicine. The

department shall adopt rules specifying the training required for licensed acupuncturists to obtain

the certification to practice Chinese herbal medicine.

     (2) Licensees who obtained licensure prior to January 1, 2022, and employ herbal therapy,

including herbal formulations, and who submitted evidence of herbal training that the department

has determined was substantially equivalent or exceeded the ACAOM curricular requirements

regarding Chinese herbal medicine may continue to employ herbal therapy and may be granted a

doctor of acupuncture and Chinese medicine license by the department.

     (3) A licensee who is licensed on or after January 1, 2022, and who completed an ACAOM

accredited or candidate status Oriental medicine program, or Traditional traditional Chinese

medicine program, or who completed an herbal medicine program that the department determined

was substantially equivalent or exceeded the ACAOM curriculum requirements regarding herbal

medicine, or who has passed the Chinese herbal medicine examination by the National Certification

Commission for Acupuncture and Oriental Medicine or a credentialing body approved the

department, may continue to employ Chinese herbal medicine therapy, during the course of

treatment if the licensee has obtained department approval to employ herbal therapy, and shall be

granted a doctor of acupuncture and Chinese medicine license.

     (d) All licensees pursuant to this chapter shall adhere to procedures that employ the use of

disposable, single-use, sterile needles, with proper handling and disposal, and that follow the

provisions of universal precautions.


 

 

77)

Section

Amended Chapter Numbers:

 

5-37.2-12.2

62 and 68

 

 

5-37.2-12.2. Reciprocal licensing requirements.

     The health department may, at its discretion, issue a license without examination to a doctor

of acupuncture or doctor of acupuncture and Oriental Chinese medicine who has been licensed,

certified, or formally legally recognized as an acupuncturist in any state or territory if all three (3)

of the following conditions are met to its satisfaction:

     (1) The applicant meets the requirements of practice in the state or territory in which the

applicant is licensed, certified, or registered as an acupuncturist; and

     (2) The requirements for practice in the state or territory in which the applicant is licensed,

certified, or registered as an acupuncturist are at least as stringent as those of this state.; and

     (3) The state or territory in which the applicant is licensed, certified, or legally recognized

as an acupuncturist permits a practitioner licensed in this state to practice acupuncture and Oriental

medicine in that jurisdiction.


 

 

 

78)

Section

Amended Chapter Numbers:

 

5-37.2-12.3

62 and 68

 

 

5-37.2-12.3.  Continuing education for acupuncture and Chinese medicine.

     The health department shall establish, by regulation, mandatory continuing education

requirements for a doctor of acupuncture and Oriental a doctor of acupuncture and Chinese

medicine licensed in this state, including, but not limited to, the following:

     (1) Each person licensed under this chapter, whether or not residing within this state, shall

complete forty (40) hours of continuing education within each biennial renewal period, except

during the initial annual renewal period.

     (2) Continuing education hours will be accepted by the department for course work that

has been presented, accepted, or approved by a nationally recognized acupuncture and Oriental

Chinese medicine organization or its local chapter, or any accredited school of acupuncture and

Oriental Chinese medicine.

     (3) At the time of license renewal, each licensee is required to attest to the fact of having

complied with the requirements in this section. Course descriptions, proof of attendance, or other

documentation of completion will be retained by the licensee for a minimum of three (3) years and

is subject to random audit by the department. Failure to produce satisfactory documentation of

completion upon request by the department constitutes grounds for disciplinary action under the

provisions of this chapter.

     (4) Each person not obtaining the required number of hours of continuing education may

have his or her license renewed for just cause, as determined by the department, so long as the

department requires that the deficient hours of continuing education, and all unpaid fees, are made

up during the following renewal period in addition to the current continuing education requirements

for the renewal period. If any doctor of acupuncture and Oriental or doctor of acupuncture and

Chinese medicine fails to make up the deficient hours and complete the subsequent renewal period,

or fails to make up unpaid fees, then his or her license shall not be renewed until all fees are paid

and all the required hours are completed and documented to the department.


 

 

 

 

79)

Section

Amended Chapter Numbers:

 

5-37.2-14

62 and 68

 

 

5-37.2-14. Recordation and display of licenses -- Annual registration fee -- Penalties

for failure to pay fee.

     (a) Every person holding a license authorizing him or her the person to practice

acupuncture and Oriental Chinese medicine in this state shall record his or her the person’s license

with the city or town hall in the city or town where his or her office and residence are located. Every

licensee upon a change of residence or office shall have his or her certificate recorded in the same

manner in the municipality to which he or she has changed.

     (b) Every license shall be displayed in the office, place of business, or place of employment

of the license holder.

     (c) Every person holding a license shall pay to the department, on or before February 1 of

each year, the annual registration fee required pursuant to department rules and regulation. If the

holder of a license fails to pay the registration fee, his or her the holder’s license shall be

suspended. The license may be reinstated by payment of the required fee within ninety (90) days

after February 1.

     (d) A license that is suspended for more than three (3) months under the provisions of

subsection (c) may be canceled by the board after thirty (30) days' notice to the holder of the license.

     (e) [Deleted by P.L. 2007, ch. 73, art. 39, § 11.]


 

 

 

80)

Section

Amended Chapter Numbers:

 

5-37.2-15

(62 and 68), (400 and 401)

 

 

5-37.2-15. Suspension, revocation, or refusal of license -- Grounds.

     The department may either refuse to issue or may suspend or revoke any license for any

one or any combination of the following causes:

     (1) Conviction of a felony, conviction of any offense involving moral turpitude, or

conviction of a violation of any state or federal law regulating the possession, distribution, or use

of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of

the court;

     (2) The obtaining of, or any attempt to obtain, a license, or to practice in the profession for

money or any other thing of value, by fraudulent misrepresentations;

     (3) Gross malpractice;

     (4) Advertising by means of knowingly false or deceptive statement;

     (5) Advertising, practicing, or attempting to practice under a name other than one's own;

     (6) Habitual drunkenness or habitual addiction to the use of a controlled substance as

defined in § 21-28-1.02;

     (7) Using any false, fraudulent, or forged statement or document, or engaging in any

fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of

this chapter;

     (8) Sustaining a physical or mental disability that renders further practice dangerous;

     (9) Engaging in any dishonorable, unethical, or unprofessional conduct that may deceive,

defraud, or harm the public, or that is unbecoming a person licensed to practice under this chapter;

     (10) Using any false or fraudulent statement in connection with the practice of acupuncture

or any branch of acupuncture;

     (11) Violating, or attempting to violate, or assisting or abetting the violation of, or

conspiring to violate, any provision of this chapter;

     (12) Being adjudicated incompetent or insane;

     (13) Advertising in an unethical or unprofessional manner;

     (14) Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis,

therapy, or treatment;

     (15) Willfully disclosing a privileged communication;

     (16) Failure of a licensee to designate his or her school of practice in the professional use

of his or her name by the term "doctor of acupuncture and Oriental Chinese medicine";

     (17) Willful violation of the law relating to the health, safety, or welfare of the public, or

of the rules and regulations promulgated by the state board of health;

     (18) Administering, dispensing, or prescribing any controlled substance as defined in § 21-

28-1.02, except for the prevention, alleviation, or cure of disease or for relief from suffering; and

     (19) Performing, assisting, or advising in the injection of any liquid silicone substance into

the human body.

 

(400 and 401)

   (1) Conviction of a felony, conviction of any offense involving moral turpitude, or

conviction of a violation of any state or federal law regulating the possession, distribution, or use

of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of

the court;

 (16) Failure of a licensee to designate his or her school of practice in the professional use

of his or her name by the term "doctor of acupuncture and Oriental medicine";


 

 

 

 

81)

Section

Amended Chapter Numbers:

 

5-37.2-18

62 and 68

 

 

5-37.2-18. Reporting vital statistics.

     Doctors of acupuncture and Oriental Chinese medicine shall observe and be subject to all

state and municipal regulations relative to reporting all births and deaths in all matters pertaining

to the public health.


 

 

 

 

82)

Section

Amended Chapter Numbers:

 

5-37.2-19

62 and 68

 

 

5-37.2-19. Seminars not in accordance with department regulations prohibited --

Penalty.

     (a) No seminar concerning acupuncture and Oriental Chinese medicine may be conducted

in this state except in accordance with regulations prescribed by the department for bona fide

educational seminars.

     (b) Any person who violates subsection (a) of this section is guilty of a misdemeanor.


 

 

 

 

83)

Section

Amended Chapter Numbers:

 

5-37.2-20

62 and 68

 

 

5-37.2-20. Practice without a license a misdemeanor.

     A person who represents himself or herself as a practitioner of acupuncture and Oriental

Chinese medicine, or any branch of acupuncture and Oriental Chinese medicine, and who engages

in the practice of acupuncture and Oriental Chinese medicine, or any branch of acupuncture and

Oriental Chinese medicine, in this state without holding a valid license issued by the department is

guilty of a misdemeanor.


 

 

84)

Section

Amended Chapter Numbers:

 

5-37.2-21

62 and 68

 

 

5-37.2-21. Injunctive relief.

     (a) The department may maintain in any court of competent jurisdiction a suit for an

injunction against any person or persons practicing acupuncture and Oriental Chinese medicine, or

any branch of acupuncture and Oriental Chinese medicine, without a license.

     (b) This injunction:

     (1) May be issued without proof of actual damage sustained by any person, this provision

being understood to be a preventive as well as a punitive measure.

     (2) Shall not relieve the person from criminal prosecution for practicing without a license.


 

 

 

85)

Section

Added Chapter Numbers:

 

5-37.2-24

62 and 68

 

 

5-37.2-24. Meaning of terms in existing laws.

     When in any law, resolution, document, record, instrument, proceeding, or other place the

words "Oriental medicine" as applied in this chapter appear, they shall be construed to mean

"Chinese medicine".


 

 

 

86)

Section

Added Chapter Numbers:

 

5-37.3-12

212 and 213

 

 

5-37.3-12. Right to confidential communication of confidential  healthcare information.

     (a) As used in this section:

     (1) “Confidential communications request” means a request by a insured individual or

authorized representative covered under a health insurance policy that insurance communications

containing confidential health care healthcare information be communicated to him or her at a

specific mail or email address or specific telephone number, as designated by the insured individual

or authorized representative.

     (2) "Confidential health care healthcare information" shall have the same meaning as set

forth in § 5-37.3-3.

     (3) “Health insurer” shall have the same meaning as “managed-care entity” as defined in

§5-37.3-3.

     (4) “Health care Healthcare provider” shall have the same meaning as set forth in § 5-

37.3-3.

     (5) "Insured individual" means a covered individual under the policy and legally capable

of consenting to the provisions of covered benefits.

     (6) "Patient or authorized representative" shall have the same meaning as set forth in § 5-

37.3-3.

     (b) Notwithstanding any other law, and to the extent permitted by federal law, a health

insurer shall take the following steps to further protect the confidentiality of an insured individual's

confidential health care healthcare information:

     (1) A health insurer shall permit an insured individual or authorized representative to

submit a confidential communications request form as described in subsection (d) of this section.

A health insurer shall accommodate requests for communication in the form and format requested

by the insured individual or authorized representative, if it is readily producible in the requested

form and format. A health insurer shall permit that communications containing confidential health

care healthcare information be communicated to the insured individual or authorized

representative at a specific mail or email address or specific telephone number, as designated by

the insured individual or authorized representative.

     (2) A health insurer may require the insured individual or authorized representative to make

a request for a confidential communication described in subsection (b)(1) of this section, in writing

or by electronic transmission.

     (3) The confidential communication request shall be valid until the insured individual or

authorized representative submits a revocation of the request, or a new confidential communication

request is submitted.

     (4) For the purposes of this section, a confidential communications request must be

implemented by the health insurer within ten (10) calendar days of the receipt of an electronic

transmission or telephonic request or within ten (10) calendar days of receipt by first-class mail.

The health insurer shall acknowledge receipt of the confidential communications request and advise

the insured individual or authorized representative of the status of implementation of the request if

an insured individual or authorized representative contacts the insurer.

     (c) A health insurer shall not condition coverage on the waiver of rights provided in this

section.

     (d) All health insurers shall create a confidential communications request form that shall

be easily readable and prominently displayed on the health insurer’s website.

     (e) The department of health shall develop and disseminate to health care healthcare

providers information on best practices relating to how providers can support insured individuals

or authorized representatives requesting confidential communications including, but not limited to:

     (1) Ensuring that health care healthcare providers and health care healthcare staff are

aware and understand the requirements outlined in this section;

     (2) Having hard-copy versions of the standardized confidential communications request

form described in subsection (d) of this section, prominently displayed and available to insured

individuals or authorized representatives; and

     (3) Offering to submit the standardized confidential communications request form

described in subsection (d) of this section that has been completed by an insured individual or

authorized representative to that insured individual's health insurer.

     (f) The office of the health insurance commissioner and the department of health may adopt

reasonable rules and regulations for the implementation and administration of this chapter.


 

 

 

87)

Section

Amended Chapter Numbers:

 

5-37.4-2

37 and 38

 

 

5-37.4-2. Definitions.

     For purposes of this chapter:

     (1) "Chronic intractable pain" means pain that is: excruciating; constant; incurable, and of

such severity that it dominates virtually every conscious moment; and/or produces mental and

physical debilitation. A diagnosis and written documentation of chronic intractable pain made by a

physician licensed in the state of Rhode Island specializing in pain management, oncology, or

similar specialty defined in regulations shall constitute proof that the patient suffers from chronic

intractable pain.

     (1)(2) "Director" means the director of the department of health of the state of Rhode

Island.

     (2)(3) "Intractable pain" means a pain state that persists beyond the usual course of an acute

disease or healing of an injury or results from a chronic disease or condition that causes continuous

or intermittent pain over a period of months or years. Unless the context clearly indicates otherwise,

the term intractable pain includes chronic intractable pain.

     (3)(4) "Practitioner" means health care healthcare professionals licensed to distribute,

dispense, or administer controlled substances in the course of professional practice as defined in §

21-28-1.02(41).

     (4)(5) "Therapeutic purpose" means the use of controlled substances for the treatment of

pain in appropriate doses as indicated by the patient's medical record. Any other use is

nontherapeutic.


 

 

 

 

88)

Section

Amended Chapter Numbers:

 

5-37.4-3

37 and 38

 

 

5-37.4-3. Controlled substances.

     (a) A practitioner may prescribe, administer, or dispense controlled substances not

prohibited by law for a therapeutic purpose to a person diagnosed and treated by a practitioner for

a condition resulting in intractable pain, if this diagnosis and treatment has been documented in the

practitioner's medical records. No practitioner shall be subject to disciplinary action by the board

solely for prescribing, administering, or dispensing controlled substances when prescribed,

administered, or dispensed for a therapeutic purpose for a person diagnosed and treated by a

practitioner for a condition resulting in intractable pain, if this diagnosis and treatment has been

documented in the practitioner's medical records.

     (b) The provisions of subsection (a) of this section do not apply to those persons being

treated by a practitioner for chemical dependency because of their use of controlled substances not

related to the therapeutic purposes of treatment of intractable pain.

     (c) The provisions of subsection (a) of this section provide no authority to a practitioner to

prescribe, administer, or dispense controlled substances to a person the practitioner knows or should

know to be using the prescribed, administered, or dispensed controlled substance non-

therapeutically.

     (d) Drug dependency or the possibility of drug dependency in and of itself is not a reason

to withhold or prohibit prescribing, administering, or dispensing controlled substances for the

therapeutic purpose of treatment of a person for intractable pain, nor shall dependency relating

solely to this prescribing, administering, or dispensing subject a practitioner to disciplinary action

by the director.

     (e) In coordination with §§ 21-28-3.20 and 21-28-3.20.1, the director of health may

promulgate rules and regulations necessary to effectuate the purpose of this chapter and ensure that

patients with intractable or chronic intractable pain are treated or referred to an appropriate

specialist.

     (f) Nothing in this section shall be construed to prohibit a practitioner or pharmacist from

denying a prescription based on their best clinical judgement judgment.

     (e)(g) Nothing in this section shall deny the right of the director to deny, revoke, or suspend

the license of any practitioner or discipline any practitioner who:

     (1) Prescribes, administers, or dispenses a controlled substance that is nontherapeutic in

nature or nontherapeutic in the manner in which it is prescribed, administered, or dispensed, or fails

to keep complete and accurate on-going ongoing records of the diagnosis and treatment plan;

     (2) Fails to keep complete and accurate records of controlled substances received,

prescribed, dispensed, and administered, and disposal of drugs as required by law or of controlled

substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21

U.S.C. § 801, et seq. A practitioner shall keep records of controlled substances received, prescribed,

dispensed and administered, and disposal of these drugs shall include the date of receipt of the

drugs, the sale or disposal of the drugs by the practitioner, the name and address of the person

receiving the drugs, and the reason for the disposal or the dispensing of the drugs to the person;

     (3) Writes false or fictitious prescriptions for controlled substances as prohibited by law,

or for controlled substances scheduled in the Comprehensive Drug Abuse Prevention and Control

Act of 1970, 21 U.S.C § 801, et seq.; or

     (4) Prescribes, administers, or dispenses in a manner which is inconsistent with provisions

of the law, or the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §

801, et seq., any controlled substance.

     (f)(h) A practitioner may administer a controlled substance prescribed by a practitioner and

not prohibited by law for a therapeutic purpose to a person diagnosed and treated by a practitioner

for a condition resulting in intractable pain, if this diagnosis and treatment has been documented in

the practitioner's medical records. No practitioner shall be subject to disciplinary action by the

director solely for administering controlled substances when prescribed or dispensed for a

therapeutic purpose for a person diagnosed and treated by a practitioner for a condition resulting in

intractable pain, if this diagnosis and treatment has been documented in the practitioner's medical

records of the patient.


 

 

 

 

89)

Section

Amended Chapter Numbers:

 

5-37.7-2

362 and 364

 

 

5-37.7-2. Statement of purpose.

     The purpose of this chapter is to establish safeguards and confidentiality protections for

the HIE in order to improve the quality, safety, and value of health care, keep confidential health

information secure and confidential, and use the HIE to progress toward meeting public-health

goals by promoting interoperability, enhancing electronic communication between providers, and

supporting public health goals, while keeping confidential health care healthcare information

secure.


 

 

 

 

 

 

 

 

90)

Section

Amended Chapter Numbers:

 

5-37.7-3

362 and 364

 

 

5-37.7-3. Definitions.

     As used in this chapter:

     (a) "Agency" means the Rhode Island department of health.

     (b) "Authorization form" means the form described in § 5-37.7-7 and by which a patient

participant provides authorization for the RHIO to allow access to, review of, and/or disclosure of

the patient participant's confidential healthcare information by electronic, written, or other means.

     (c)(a) (1) "Authorized representative" means:

     (1) (i) A person empowered by the patient participant to assert or to waive confidentiality,

or to disclose or authorize the disclosure of confidential information, as established by this chapter.

That person is not, except by explicit authorization, empowered to waive confidentiality or to

disclose or consent to the disclosure of confidential information; or

     (2) (ii) A person appointed by the patient participant to make healthcare decisions on his

or her behalf through a valid durable power of attorney for healthcare health care as set forth in §

23-4.10-2; or

     (3) (iii) A guardian or conservator, with authority to make healthcare decisions, if the

patient participant is decisionally impaired; or

     (4) (iv) Another legally appropriate medical decision maker temporarily if the patient

participant is decisionally impaired and no healthcare agent, guardian, or conservator is available;

or

     (5) (v) If the patient participant is deceased, his or her personal representative or, in the

absence of that representative, his or her heirs-at-law; or

     (6) (vi) A parent with the authority to make healthcare decisions for the parent's child; or

     (7) (vii) A person authorized by the patient participant or his or her authorized

representative to access their confidential healthcare information from the HIE, including family

members or other proxies as designated by the patient, to assist the patient participant with the

coordination of their care.

     (d)(b) (2) "Business associate" means a business associate as defined by HIPAA.

     (e)(c) (3) "Confidential healthcare information" means all information relating to a patient

participant's patient's healthcare history, diagnosis, condition, treatment, or evaluation.

     (f)(d) (4) "Coordination of care" means the process of coordinating, planning, monitoring,

and/or sharing information relating to, and assessing a care plan for, treatment of a patient.

     (g)(e) (5) "Data-submitting partner" means an individual, organization, or entity who or

that has entered into a business associate agreement with the RHIO and submits a patient

participant's patient's confidential healthcare information through the HIE.

     (h)(f) (6) "Department of health" means the Rhode Island department of health.

     (i)(g) (7) "Disclosure report" means a report generated by the HIE relating to the record of

access to, review of, and/or disclosure of a patient's confidential healthcare information received,

accessed, or held by the HIE.

     (j)(h) (8) "Electronic mobilization" means the capability to move clinical confidential

health information electronically between disparate healthcare information systems while

maintaining the accuracy of the information being exchanged.

     (k)(i) (9) "Emergency" means the sudden onset of a medical, mental, or substance abuse

use, or other condition manifesting itself by acute symptoms of severity (e.g., severe pain) where

the absence of medical attention could reasonably be expected, by a prudent layperson, to result in

placing the patient's health in serious jeopardy, serious impairment to bodily or mental functions,

or serious dysfunction of any bodily organ or part.

     (l)(j) (10) "Healthcare provider" means any person or entity licensed by this state to provide

or lawfully providing healthcare services, including, but not limited to, a physician, hospital,

intermediate-care facility or other healthcare facility, dentist, nurse, optometrist, podiatrist,

physical therapist, psychiatric social worker, pharmacist, or psychologist, and any officer,

employee, or agent of that provider acting in the course and scope of his or her employment or

agency related to or supportive of healthcare services.

     (m)(k) (11) "Healthcare services" means acts of diagnosis, treatment, medical evaluation,

referral, or counseling, or any other acts that may be permissible under the healthcare licensing

statutes of this state.

     (n)(l) (12) "Health Information Exchange" or "HIE" means the technical system operated,

or to be operated, by the RHIO under state authority allowing for the statewide electronic

mobilization of confidential healthcare information, pursuant to this chapter.

     (o)(m) (13) "Health plan" means an individual plan or a group plan that provides, or pays

the cost of, healthcare services for a patient participant.

     (p)(n) (14) "HIE Advisory Commission" means the advisory body established by the

department of health in order to provide community input and policy recommendations regarding

the use of the confidential healthcare information of the HIE.

     (q)(o) (15) "HIPAA" means the Health Insurance Portability and Accountability Act of

1996, as amended.

     (r) "Participant" means a patient participant, a patient participant's authorized

representative, a provider participant, a data-submitting partner, the regional health information

organization, and the department of health, that has agreed to authorize, submit, access, and/or

disclose confidential healthcare information via the HIE in accordance with this chapter.

     (s) "Participation" means a patient participant's authorization, submission, access, and/or

disclosure of confidential healthcare information via the HIE in accordance with this chapter.

     (p) (16) "Opt out" means the ability of a patient to choose to not have their confidential

health care healthcare information disclosed from HIE in accordance with § 5-37.7-7.

     (t)(q) (17) "Patient participant" means a person who receives healthcare services from a

provider participant and has agreed to participate in the HIE through the mechanisms established

in this chapter.

     (u)(r) (18) "Provider participant" means a pharmacy, laboratory, healthcare provider, or

health plan who or that is providing healthcare services or pays for the cost of healthcare services

for a patient participant and/or is submitting and/or or accessing healthcare information through

the HIE and has executed an electronic and/or written agreement regarding disclosure, access,

receipt, retention, or release of confidential healthcare information to from the HIE.

     (v)(s) (19) "Regional health information organization" or "RHIO" means the organization

designated as the RHIO by the state to provide administrative and operational support to the HIE.


 

 

 

 

91)

Section

Amended Chapter Numbers:

 

5-37.7-4

362 and 364

 

 

5-37.7-4. Use of the health information exchange.

     (a) There shall be established a statewide HIE under state authority to allow for the

electronic mobilization of confidential healthcare information in Rhode Island. Confidential

healthcare information may only be accessed, released, or transferred from the HIE in accordance

with this chapter.

     (b) The state of Rhode Island has an interest in encouraging participation in use of the HIE

by all interested parties, including, but not limited to, healthcare providers, patients, health plans,

entities submitting information to the HIE, entities obtaining information from the HIE, and the

RHIO. The Rhode Island department of health is also considered a participant for public health

purposes.

     (c) Patients and health care providers Except as provided in § 5-37.7-7(b), patients shall

have the choice to participate in opt out of having their confidential health care healthcare

information disclosed from the HIE, as through the process defined by in regulations in accordance

with § 5-37.7-3; provided, however, that provider § 5-37.7-5.

     (d) Provider participants must continue to maintain their own medical record meeting the

documentation and other standards imposed by otherwise applicable law.

     (e) The state agencies may submit to the HIE and/or receive from the HIE applicable

confidential health care healthcare information for public health purposes.

     (d)(f) Participation in the HIE Nothing contained herein shall have no an impact on the

content of, or use or disclosure of, confidential healthcare information of patient participants

patients that is held in locations other than the HIE. Nothing in this chapter shall be construed to

limit, change, or otherwise affect entities' rights to exchange confidential healthcare information in

accordance with other applicable laws.

     (e)(g) The state of Rhode Island hereby imposes on the HIE and the RHIO as a matter of

state law, the obligation to maintain, and abide by the terms of, HIPAA-compliant business

associate agreements, including, without limitation, the obligations to use appropriate safeguards

to prevent use or disclosure of confidential healthcare information in accordance with HIPAA,

other state and federal laws, and this chapter; not to use or disclose confidential healthcare

information other than as permitted by HIPAA and this chapter; or to make any amendment to a

confidential healthcare record that a provider participant so directs; and to respond to a request by

a patient participant to make an amendment to the patient participant's confidential patient's

healthcare record.


 

 

 

 

92)

Section

Amended Chapter Numbers:

 

5-37.7-5

362 and 364

 

 

5-37.7-5. Regulatory oversight.

     (a) The director of the department of health shall develop regulations regarding the

confidentiality of patient participant information received, accessed, or held by the HIE and is

authorized to promulgate such other regulations as the director department deems necessary or

desirable to implement the provisions of this chapter, in accordance with the provisions set forth in

chapter 17 of title 23 and chapter 35 of title 42.

     (b) The department of health has exclusive jurisdiction over the HIE, except with respect

to the jurisdiction conferred upon the attorney general in § 5-37.7-13. This chapter shall not apply

to any other private and/or public-health information systems utilized within a healthcare provider

or other organization that provides healthcare services.

     (c) The department of health shall promulgate rules and regulations for the establishment

of an HIE advisory commission. that The HIE advisory commission, in consultation with the RHIO,

will be responsible for recommendations relating to the department regarding the use of, and

appropriate confidentiality protections for, the confidential healthcare information of the HIE,

subject to regulatory oversight by the department of healthSaid The commission members shall

be subject to the advice and consent of the senate. The commission shall report annually to the

department of health and the RHIO, and such the report shall be made public.


 

 

 

 

93)

Section

Amended Chapter Numbers:

 

5-37.7-6

362 and 364

 

 

5-37.7-6. Regional health information organization.

     The RHIO shall, subject to and consistent with department regulations and contractual

obligations it has with the state of Rhode Island, be responsible for implementing recognized

national standards for interoperability and all administrative, operational, and financial functions

to support the HIE, including, but not limited to, implementing and enforcing policies for receiving,

retaining, safeguarding, and disclosing confidential healthcare information as required by this

chapter. The RHIO is deemed to be the steward of the confidential healthcare information for which

it has administrative responsibility. The HIE advisory commission shall be responsible for

recommendations to the department of health, and in consultation with the RHIO regarding the use

of the confidential healthcare information.


 

 

 

 

94)

Section

Amended Chapter Numbers:

 

5-37.7-7

362 and 364

 

 

5-37.7-7. Disclosure.

     (a)(1) Except as provided in subsection (b), a patient participant's or the patient's authorized

representative may opt out of having their the patient’s confidential healthcare information may

only be accessed, released, or transferred disclosed from the HIE in accordance with an

authorization form signed by the patient participant or the patient's authorized representative.

Patients shall be notified of their right to opt out of having their confidential health care healthcare

information disclosed from the HIE through the process provided by regulation in accordance with

§ 5-37.7-5.

     (b) No authorization for release or transfer of confidential health care information from the

HIE shall be required The opt out does not apply to disclosures in the following situations:

     (1) To a healthcare provider who believes, in good faith, that the information is necessary

for diagnosis or treatment of that individual in an emergency; or

     (2) To public-health authorities in order to carry out their functions as described in this title

and titles 21 and 23, and rules promulgated under those titles. These functions include, but are not

restricted to,: investigations into the causes of disease,; the control of public-health hazards,;

enforcement of sanitary laws,; investigation of reportable diseases,; certification and licensure of

health professionals and facilities,; review of health care such as that required by the federal

government and other governmental agencies,; and mandatory reporting laws set forth in Rhode

Island general laws; or

     (3) To the RHIO in order for it to effectuate the operation and administrative oversight of

the HIE; and

     (4) To a health plan, if the information is necessary for care management of its plan

members, or for quality and performance measure reporting.

     (c) The content of the authorization form for access to, or the disclosure, release, or transfer

of confidential health care information from the HIE, shall be prescribed by the RHIO in accordance

with applicable department of health regulations, but, at a minimum, shall contain the following

information in a clear and conspicuous manner: Notification and opt out procedures shall be

developed in consultation with the HIE advisory commission and provided in regulations

promulgated in accordance with § 5-37.7-5. Provider participants who or that share data with the

HIE shall notify their patients that data is being shared with the HIE to support the provision of

care, and inform their patients about the ability to opt out. At a minimum, the notification shall

contain the following information in a clear and concise manner:

     (1) A statement of the need for and proposed uses of that information; and that the patient's

provider is a provider participant in the HIE, and as such may share the patient's confidential health

care healthcare information through the HIE as permitted by this chapter and all applicable state

and federal law.

     (2) A statement that the authorization for access to, disclosure of, and/or release of

information may be withdrawn at any future time and is subject to revocation; patient may opt out

of having their confidential health care healthcare information disclosed from the HIE except as

provided pursuant to § 5-37.7-7(b) subsection (b) of this section.

     (3) That the patient has the right not to participate in the HIE; and A statement that a

patient's choice to opt out of disclosing their confidential health care healthcare information from

the HIE may be changed at any time.

     (4) The patient's right to choose to: (i) Enroll in and participate fully in the HIE; or (ii)

Designate only specific health care providers that may access the patient participant's confidential

health care information. The method for opting out shall be provided by regulation in accordance

with § 5-37.7-5.

     (d) Except as specifically provided by state or federal law or this chapter, or use for clinical

care, a patient participant's patient's confidential healthcare information shall not be accessed by,

given, sold, transferred, or in any way relayed from the HIE to any other person or entity not

specified in the patient participant authorization form meeting the requirements of subsection (c)

without first obtaining additional authorization.

     (e) Nothing contained in this chapter shall be construed to limit the permitted access to, or

the release, transfer, access, or disclosure of, confidential healthcare information described in

subsection (b) or under other applicable law.

     (f) Confidential healthcare information received, disclosed, or held by the HIE shall not be

subject to subpoena directed to the HIE or RHIO unless the following procedures have been

completed: (i) The person seeking the confidential healthcare information has already requested

and received the confidential healthcare information from the healthcare provider that was the

original source of the information; and (ii) A determination has been made by the superior court,

upon motion and notice to the HIE or RHIO and the parties to the litigation in which the subpoena

is served, that the confidential healthcare information sought from the HIE is not available from

another source and is either relevant to the subject matter involved in the pending action or is

reasonably calculated to lead to the discovery of admissible evidence in such pending action. Any

person issuing a subpoena to the HIE or RHIO pursuant to this section shall certify that such

measures have been completed prior to the issuance of the subpoena.

     (g) Nothing contained herein shall interfere with, or impact upon, any rights or obligations

imposed by the Workers' Compensation Act as contained in chapters 29--38 29 through 38 of title

28.

     (h) Nothing contained herein shall prohibit a health plan from becoming a data-submitting

partner. A data-submitting partner is not considered a managed-care entity or a managed-care

contractor, and the HIE is not considered a regional or local medical information database pursuant

to § 5-37.3-4.


 

 

 

 

95)

Section

Amended Chapter Numbers:

 

5-37.7-8

362 and 364

 

 

5-37.7-8. Security.

     The HIE must be subject to at least the following security procedures:

     (1) Authenticate the recipient of any confidential healthcare information disclosed by the

HIE pursuant to this chapter pursuant to rules and regulations promulgated by the agency

department;

     (2) Limit authorized access to personally identifiable confidential healthcare information

to persons having a need to know that information; additional employees or agents may have access

to de-identified information;

     (3) Identify an individual or individuals who have responsibility for maintaining security

procedures for the HIE;

     (4) Provide an electronic or written statement to each employee or agent as to the necessity

of maintaining the security and confidentiality of confidential healthcare information, and of the

penalties provided for in this chapter for the unauthorized access, release, transfer, use, or

disclosure of this information; and

     (5) Take no disciplinary or punitive action against any employee or agent for bringing

evidence of violation of this chapter to the attention of any person.


 

 

 

 

96)

Section

Amended Chapter Numbers:

 

5-37.7-10

362 and 364

 

 

5-37.7-10. Patient's rights.

     Pursuant to this chapter, a patient participant who has his or her confidential healthcare

information transferred through included in the HIE shall have the following rights: