In fiscal year 2001 and 2002 there shall be appropriated a sum at least equal to the total of the following: the sinking fund commission's estimate of savings generated for that fiscal year from the commission's prior fiscal years' refinancing of debt; the sinking fund commission's estimate of the total debt service payments, principal and interest, of the debt retired by the commission in prior fiscal year; and the sinking fund commission's estimate of the total debt service payments, principal and interest, of the general obligation debt not issued in accordance with section 35-8-6.2 in prior fiscal year.

(b) Notwithstanding the provisions of sections 44-30-1 and 44-30-2, for tax years beginning on or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002, and thereafter of the federal income tax rates, including capital gains rates and any other special rates for other types of income, except as provided in section 44-30-2.7, which were in effect immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), provided, however, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable year 2002, and thereafter in the manner prescribed for adjustment by the commissioner of Internal Revenue in 26 U.S.C. Section 1(f).

(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by multiplying the federal tentative minimum tax (as determined on federal form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002, and thereafter, and comparing the product to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer's Rhode Island alternative minimum tax.

(d) Credit(s) against tax. - For tax years beginning on or after January 1, 2001, a taxpayer entitled to any of the following federal credits enacted prior to January 1, 1996:

earned income credit;

child and dependent care credit;

general business credit(s);

foreign tax credit;

credit for elderly or the disabled;

credit for prior year minimum tax;

mortgage interest credit;

empowerment zone employment credit;

qualified electric vehicle credit;

shall be entitled to a credit against the Rhode Island tax imposed under this section. The credit shall be twenty-five and one-half percent (25.5%) of the aforementioned federal credits for tax year 2001, and shall be twenty-five percent (25%) of the aforementioned federal credits for tax year 2002 and thereafter, provided, further, there shall be no deduction based on any federal credit(s) enacted after January 1, 1996, including the rate reduction credit provided by the federal Economic Growth and Tax Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax purposes shall determine the Rhode Island amount to be recaptured in the same manner as prescribed in this subsection.

44-30-2.7 Capital gains rates for assets held more than five (5) years. - All capital assets purchased prior to January 1, 2002 and sold on or after January 1, 2007, shall be deemed to have a holding period beginning January 1, 2002. For tax years beginning in 2007, the capital gains rate for assets held more than five (5) years shall be eight and one-third percent (8.33%) of the federal capital gains rate(s) which were in effect prior to the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). Beginning in tax year 2008 and thereafter, the capital gains rate for assets held more than five (5) years shall be zero percent (0%).

SECTION 2. Sections 44-30-3 and 44-30-33 of the General Laws in Chapter 44-30 entitled "Personal Income Tax" are hereby amended to read as follows:

44-30-3. Optional tax tables for resident individuals -- (a) General.. - The tax administrator may promulgate uniform tax tables for resident individual taxpayers for any taxable year. An individual may elect to use or not to use any tax table for which he or she is eligible.

(b) Preparation of tax tables.. - Tax tables promulgated hereunder shall be based either upon (i) the individual's Rhode Island taxable income, or (ii) the individual's federal income tax liability. In either case the tax administrator shall by regulation prescribe the conditions of eligibility for the use of a tax table. In no case shall the amount of tax calculated by use of a tax table be more than five dollars ($5.00) lower than the amount otherwise due under section 44-30-2.

44-30-33. Apportionment.- (a) The federal tax liability of a nonresident individual which is attributable to Rhode Island income shall be that proportion which Rhode Island income bears to federal adjusted gross income after the modifications in subsection (b) or (c) in section 44-30-12. For the purpose of this apportionment a nonresident individual may elect to treat his or her federal adjusted gross income as his or her Rhode Island income unless the amount of the modifications increasing federal adjusted gross income under section 44-30-12 would exceed one hundred dollars ($100).

SECTION 3. Section 44-22-1.1 of the General Laws in Chapter 44-22 entitled "Estate and Transfer Taxes - Liability and Computation" is hereby amended to read as follows:

44-22-1.1. Tax on net estate of decedent. -- (a) (1) For decedents whose death occurs on or after January 1, 1992, but prior to January 1, 2002, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C. section 2011.

(b) If the decedent's estate contains property having a tax situs not within the state, then the tax determined by this section is reduced to an amount determined by multiplying the tax by a fraction whose numerator is the gross estate excluding all property having a tax situs not within the state at the decedent's death and whose denominator is the gross estate. In determining the fraction, no deductions are considered and the gross estate is not reduced by a mortgage or other indebtedness for which the decedent's estate is not liable.

(c) (1) The terms "gross estate" or "federal gross estate" used in this chapter or chapter 23 of this title has the same meaning as when used in a comparable context in the laws of the United States, unless a different meaning is clearly required by the provisions of this chapter or chapter 23 of this title. Any reference in this chapter or chapter 23 of this title to the Internal Revenue Code or other laws of the United States means the Internal Revenue Code of 1954, 26 U.S.C. section 1 et seq. and other provisions of the laws of the United States as they may become effective at any time or from time to time.

(d) All values are as finally determined for federal estate tax purposes.

(e) Property has a tax situs within the state of Rhode Island:

(1) If it is real estate or tangible personal property and has actual situs within the state of Rhode Island; or

(2) If it is intangible personal property and the decedent was a resident.

SECTION 4. Sections 42-64.5-2, 42-64.5-3, 42-64.5-4 and 42-64.5-5 of the General Laws in Chapter 42-64.5 entitled "Jobs Development Act" are hereby amended to read as follows:

42-64.5-2. Definitions. -- As used in this chapter, unless the context clearly indicates otherwise:

(1) "Adjusted current employment" means, for any taxable year ending on or after July 1, 1995, the aggregate of the average daily number of full-time equivalent active employees employed within the State by an eligible company and its eligible subsidiaries during each taxable year.

(2) "Affiliated entity" means any corporation owned or controlled by the same persons or shareholders who own or control an eligible company.

(3) "Base employment" means the aggregate number of full-time equivalent active employees employed within the State by an eligible company and its eligible subsidiaries on July 1, 1994. ,or at the election of the eligible company, on an alternative date as provided by section 42-64.5-5. In the case of a manufacturing company which is ruined by disaster, the aggregate number of full time equivalent active employees employed at the destroyed facility would be zero, under which circumstance the base year shall be the calendar year in which the disaster occurred. Only one base employment period can be elected for purposes of a rate reduction by an eligible company.

(4) "Disaster" means an occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more of an operating manufacturing business facility in this state, thereby making the production of products by the eligible company impossible and as a result active employees of the facility are without employment in that facility. However, disaster does not include any damage resulting from the willful act of the owner(s) of the manufacturing business facility.

(5) "Eligible subsidiary" means each corporation 80% or more of the outstanding common stock of which is owned by an eligible company.

(6) "Eligible company" means any corporation, state bank, federal savings bank, trust company, national banking association, bank holding company, loan and investment company, mutual savings bank, credit union, building and loan association, insurance company, investment company, broker-dealer company, manufacturing company, telecommunications company or surety company or an eligible subsidiary of any of the foregoing. An eligible company does not have to be qualified to do business in the state or have any employees in this state at the time its base employment is determined.

(7) "Full time equivalent active employee" means any employee of an eligible company who: (1) works a minimum of 30 hours per week within the State, or two (2) or more part-time employees whose combined weekly hours equal or exceed 30 hours per week within the State; and (2) earns no less than 150% of the hourly minimum wage prescribed by Rhode Island law.

(8) "New employment" means for each taxable year the amount of adjusted current employment for each taxable year minus the amount of base employment, but in no event less than zero; provided, however, no eligible company is permitted to transfer, assign or hire employees who are already employed within the State by such eligible company from itself or any affiliated entity or utilize any other artifice or device for the purpose of artificially creating new employees in order to qualify for the rate reduction provided for in this chapter.

"New employment" shall not include employees already employed in this state who become employees of an eligible company as a result of an acquisition of an existing company by purchase, merger, or otherwise, if the existing company was eligible for a rate reduction. In the case of a manufacturing company that suffers a disaster it shall mean any employment retained or added as the result of reconstruction of the manufacturing facility.

(9) "Rate reduction" means the reduction in tax rate specified in section 42-64.5-4.

(10) "Small business concern" means any eligible company which has a base employment level of less than one hundred (100).; provided, however, that a telecommunications company may not qualify as a small business concern.

(11) "State" means the State of Rhode Island and Providence Plantations.

(12) "Units of new employment" means (i) for eligible companies, which are not small business concerns, the amount of new employment divided by fifty (50), rounded down to the nearest multiple of fifty (50), and (ii) for eligible companies which are small business concerns the amount of new employment divided by ten (10), rounded down to the nearest multiple of ten (10); provided, however, that an eligible company (other than an eligible company that is a telecommunications company) with adjusted current employment of one hundred (100) or more employees in its first year of operation or in any other period following the date its base employment is determined shall determine its units of new employment by dividing the first one hundred (100) employees less its base employment by ten (10), rounded down to the nearest multiple of ten (10), and by dividing the number of additional employees in excess of one hundred (100) by fifty (50), rounded down to the nearest multiple of fifty (50).

42-64.5-3. Tax rate reduction -- The rate of tax payable by an eligible company and each of its eligible subsidiaries for any taxable year ending on or after July 1, 1995, on its net income pursuant to the applicable income tax provisions of the general laws, including the provisions of sections 44-11-2(a), 44-14-3(a), 44-14-4 and 44-17-1, or on its gross earnings pursuant to subsection 44-13-4(4), shall be reduced by the amount specified in section 42-64.5-4; this rate reduction shall be applied annually once to those eligible companies which are permitted by law to file a consolidated state tax return and in the case of eligible companies not permitted by law to file consolidated state tax returns, then the rate reduction shall be applied annually to each eligible company and its eligible subsidiaries; provided, however, should any eligible company fail to maintain in any taxable year after 1997 or, if applicable, the third taxable year following the base employment period election set forth in section 42-64.5-5, the number of units of new employment it reported for its 1997 tax year, or, if applicable, the third taxable year following the base employment period election set forth in section 42-64.5-5; the rate reduction provided for in this chapter shall expire permanently.

42-64.5-4. Reduction rate schedule. - (a) The amount of the rate reduction specified in section 42-64.5-3 for any eligible company that is not a telecommunications company for each taxable year ending on or after July 1, 1995, shall be based upon the aggregate amount of new employment of the eligible company and its eligible subsidiaries for each taxable year, and shall be determined by multiplying the numerical equivalent of one-quarter of one percent (.25%) by the number of units of new employment for each taxable year through the taxable year ending in 1997; or, if applicable, the third taxable year following the base employment period election set forth in section 42-64.5-5; and for each taxable year thereafter, the number of units of new employment reported for the taxable year 1997; or, if applicable, the third taxable year following the base employment period election set forth in section 42-64.5-5; provided, however, the amount of each rate reduction shall in no event be greater than six percent (6%).

42-64.5-5. Election. -- An eligible company may elect to determine its "base employment" for the purposes of this chapter on either July 1, 1995, July 1, 1996, July 1, 1997 July 1, 1998, July 1, 1999, July 1, 2000, or July 1, 2001 rather than on July 1, 1994., provided, however, that an eligible company that is a telecommunication company may determine its base employment on either July 1, 2001 or July 1, 2002. As a result of the election, rules comparable to those set forth elsewhere in this chapter shall be applied to determine the rate reduction available for each of the three (3) taxable years following the first anniversary of the date the eligible company elected to use to determine its "base employment" and for the taxable years following that three (3) year period. This election (a) shall be made in a manner that may be determined by the tax administrator, and (b) shall not be available to an eligible company that previously claimed a rate reduction under this chapter.

SECTION 5. Sections 44-20-12, 44-20-12.1, 44-20-13 and 44-20-13.2 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" are hereby amended to read as follows:

44-20-12. Tax imposed on cigarettes sold. -- A tax is imposed on all cigarettes sold or held for sale in the state by any person, the payment of the tax to be evidenced by stamps affixed to the packages containing the cigarettes and as required by the administrator. Any cigarettes on which the proper amount of tax provided for in this chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under this chapter. The tax is at the rate of thirty-five and one half (35.5) fifty (50) mills for each cigarette.

44-20-12.1. Cigarette floor stock tax. -- (a) Whenever used in this section, unless the context requires:

(1) "Cigarette" means and includes any cigarette as defined in section 44-20-1(2);

(2) "Person" means and includes each individual, firm, fiduciary, partnership, corporation, trust, or association however formed.

(b) Each person engaging in the business of selling cigarettes at wholesale or retail in this state pays a tax or excise to the state for the privilege of engaging in that business during any part of the calendar year 1997 2001. The tax is measured by the number of cigarettes held by the person in this state at 12:01 a.m. on July 1, 1997 2001 and is computed at the rate of five (5) fourteen and one-half (14.5) mills per cigarette.

(c) Each person subject to the payment of the tax imposed by this section shall, on or before July 14, 1997 16, 2001 file a return, under oath or certified under the penalties of perjury, with the tax administrator on forms furnished by him or her, showing the amount of cigarettes in that person's possession in this state at 12:01 a.m. on July 1, 1997 2001 and the amount of tax due, and shall at the time of filing the return pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to make a return containing the information required by the tax administrator.

(d) The tax administrator may prescribe rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax imposed by this section.

44-20-13. Tax imposed on unstamped cigarettes. -- A tax is imposed at the rate of thirty-five and one half (35.5) fifty (50) mills for each cigarette upon the storage or use within this state of any cigarettes not stamped in accordance with the provisions of this chapter in the possession of any person other than a licensed distributor or dealer, or a carrier for transit from without this state to a licensed distributor or dealer within this state.

44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products -- A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold or held for sale in the state by any person, the payment of the tax to be accomplished according to a mechanism established by the administrator, division of taxation, department of administration. Any tobacco product on which the proper amount of tax provided for in this chapter has been paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The tax imposed by this section is at the rate of twenty percent (20%) thirty percent (30%) of the wholesale cost of smokeless tobacco, cigars, and pipe tobacco products. The proceeds collected are paid into the general fund.

SECTION 6. Section 5 shall take effect on July 1, 2001 and the remainder of this article shall take effect upon passage.

ARTICLE 8 SUBSTITUTE A AS AMENDED

RELATING TO HOSPITAL LICENSING FEES

SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-38.1. Hospitals -- Licensing Fee. -- (1) There is imposed a hospital licensing fee at the rate of two and sixty-five hundredths percent (2.65%) upon the gross patient services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, 1995. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of administration, and all the administration, collection, and other provisions of chapters 50 and 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before February 1, 2001, and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund in accordance with section 44-50-11. Every hospital shall, on or before January 2, 2001, make a return to the tax administrator containing the correct computation of gross patient services revenue, the gross licensing fee due upon such amount, the net licensing fee due which shall be an amount equal to the gross licensing fee less previous license fee payments made pursuant to this section during the period October 1, 1999 through January 31, 2001. All returns shall be signed by the hospital's authorized representative, subject to the pains and penalties of perjury.

(2) (a) There is imposed a hospital licensing fee at the rate of four and twenty-five hundredths percent (4.0%) (4.25%) upon the net patient services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, 1999. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of administration, and all the administration, collection and other provisions of chapter 50 and 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before April 3, October 31, 2001, and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund in accordance with section 44-50-11. Every hospital shall, on or before March 1, October 1, 2001, make a return to the tax administrator containing the correct computation of net patient services revenue for the hospital fiscal year ending September 30, 1999, and the licensing fee due upon such amount. All returns shall be signed by the hospital's authorized representative, subject to the pains and penalties of perjury.

(b) For purposes of this section the following words and phrases shall have the following meanings:

(i) "Hospital" means a person or governmental unit duly licensed in accordance with this chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and primary bed inventory are psychiatric.

(ii) "Gross patient services revenue" means the gross revenue related to patient care services.

(iii) "Net patient services revenue" means the charges related to patient care services less (1) charges attributable to charity care, (2) bad debt expenses, and (3) contractual allowances.

(c) The tax administrator shall make and promulgate such rules, regulations, and procedures not inconsistent with state law and fiscal procedures as he or she deems necessary for the proper administration of this section and to carry out the provisions, policy and purposes thereof.

SECTION 2. This article shall take effect July 1, 2001 and shall apply to hospitals, as defined in Section 1, which are duly licensed on July 1, 2001. The licensing fee imposed by Section 1 shall be in addition to the inspection fee imposed by Section 23-17-38 and to

any licensing fees previously imposed and collected in accordance with Section 23-17-38.1.

ARTICLE 9 SUBSTITUTE A

SECTION 1. Section 40-6.2-5 of the General Laws in Chapter 23-17 entitled "Child Care-State Subsidies" is hereby amended to read as follows:

40-6.2-5. Health care coverage for center-based care providers. - (a) The department of human services is authorized and directed to establish a health care premium cost-sharing option through its RIte Care program for center-based child care providers who provide child care services paid for in whole or in part by the department of human services or the department of children, youth, and families, and who meet the eligibility requirements of this section.

(b) A center-based provider shall be eligible to participate if:

(1) The provider is licensed as a child day care provider by the department of children, youth, and families pursuant to chapter 72.1 of title 42; and

(2) The provider demonstrates that it meets the minimum subsidized child care participation rates specified in subsection (c), (d), or (e), for the applicable period; and

(3) The provider elects to exercise this health care premium cost-sharing coverage option on behalf of its employees and makes timely payment of the provider's share of the premium.

(c) Effective January 1, 1999, if the number of children served by the provider who meet the department's child care assistance income guidelines under §40-5.1-17 is at least fifty percent (50%) of the enrollment census of the provider, then the center-based child care provider shall pay fifty percent (50%) of the monthly premiums attributable to the center's participating employees.

(d) Effective July 1, 1999, if the number of children served by the provider who meet the department's child care assistance income guidelines under §40-5.1-17 is at least forty percent (40%) of the enrollment census of the provider, then the center-based child care provider shall pay fifty percent (50%) of the monthly premiums attributable to the center's participating employees.

(e) Effective July 1, 20012002, if the number of children served by the provider who meet the department's child care assistance income guidelines under §40-5.1-17 is at least thirty percent (30%) of the enrollment census of the provider, then the center-based child care provider shall pay fifty percent (50%) of the monthly premiums attributable to the center's participating employees.

(f) The department of human services is authorized to promulgate rules and regulations which it deems necessary to effect the intent and further define the terms and provisions of this section, and which may include, but need not be limited to the terms, premiums, conditions, limitations, and restrictions of the health care buy-in option, and enrollment periods and procedures.

SECTION 2. This article shall take effect on July 1, 2001.

SECTION 1. Section 40-5.1-17 of the General Laws in Chapter 40-5.1 entitled "Family Independence Act" is hereby amended to read as follows:

40-5.1-17. Families eligible for child care assistance. - (a) The department shall provide appropriate child care to every parent who requires child care in order to meet the work requirements in § 40-5.1-9 and to all other families with incomes at or below one hundred eighty-five percent (185%) of the federal poverty line, if and to the extent such other families require child care in order to work at paid employment; provided, however, that effective January 1, 1999, the department shall provide appropriate child care to such other families whose incomes are at or below two hundred percent (200%) of the federal poverty line; effective July 1, 1999, the department shall provide appropriate child care to such other families whose incomes are at or below two hundred twenty-five percent (225%) of the federal poverty line; and effective July 1, 2001 July 1, 2002, the department shall provide appropriate child care to such other families whose incomes are at or below two hundred fifty percent (250%) of the federal poverty line.

(b) For purposes of this section "appropriate child care" means child care, including infant/toddler, pre-school, nursery school, school-age, and youth care, which is provided by a person or organization qualified, approved, and authorized to provide such care by the department of children, youth, and families, or by the department of elementary and secondary education, or such other lawful providers as determined by the department of human services, in cooperation with the department of children, youth and families and the department of elementary and secondary education, subject to the following age limitations:

(1) Through December 31, 1998, for a child below the age of thirteen (13), or children age thirteen (13) years or older who are under supervision of the family court or who require care because of a physical or mental impairment;

(2) Effective January 1, 1999, for a child below the age of fifteen (15);

(3) Effective July 1, 1999, for a child below the age of sixteen (16);

(c) The department of human services shall determine rates of reimbursement for child care services for children over the age of twelve (12) in accordance with the provisions of §40-6.2-1.1(d).

For purposes of this section "appropriate child care" is defined in §40-5.1-9(e).

(d) Families with incomes below one hundred percent (100%) of the applicable federal poverty guidelines shall be provided with free child care. Families with incomes equal to or greater than one hundred percent (100%) of the applicable federal poverty guideline shall be required to pay for some portion of the child care they receive, according to a sliding fee scale adopted by the department.

(e) In determining the type of child care to be provided to a family, the department shall take into account the cost of available child care options and the suitability of the type of care available for the child and the parent's preference as to the type of child care.

(f) For purposes of this section "income" for families receiving cash assistance under §40-5.1-9 means gross earned income and unearned income, subject to the income exclusions in §40-5.1-10(b) and §40-5.1-10(c); and income for other families shall mean gross earned and unearned income as determined by departmental regulations.

(g) The entitlement provided for in subsection (a) shall be an entitlement to payment of a subsidy for child care to an appropriate child care provider as defined in subsection (b). The caseload estimating conference established by chapter 17 of title 35 shall forecast the expenditures for child care in accordance with the provisions of §35-17-1.

SECTION 2. This article shall take effect on July 1, 2001.

SECTION 1. Pursuant to the public laws, 2000, Chapter 55, Article 7, the effective date of the department of the environment, which was created by Chapter 461 of the public laws, 1990 was delayed until July 1, 2001 due to fiscal constraints.

The effective date of the following sections created by Chapter 461 of the public laws, 1990 are postponed again until July 1, 2002, sections 42-17.1-1 through 42-17.1-39 inclusive, and 42-17.1-41 through 42-17.1-44 inclusive.

SECTION 2. Section 42-17.1-40 of the General Laws in Chapter 42-17.1 entitled "Department of the Environment" is hereby amended to read as follows:

42-17.1-40. Continuity of administrative functions. -- In order to insure ensure continuity of the administrative business of the state, the actual transfer of functions or any part of that transfer to the department of the environment from the department of environmental management, department of health, water resources board, and other boards, commissions, departments, and/or agencies has been postponed after the effective date of Chapter 461 of the Public Laws of 1990, and the functions and authorities of the department of environmental management, the department of health, water resources board, and other boards, commissions, departments, and/or agencies shall remain unaffected, regardless of the repeal by chapter 461 of the public laws of 1990 of any law under which the departments, boards, commissions, or other agencies are empowered, which laws shall remain in effect until July 1, 2001, 2002 when the transfers provided in this section can be put into force and effect at which time the repeal of those laws shall become final.

SECTION 3. This article shall take effect on July 1, 2001. All acts of the state which were authorized by and performed in good faith and in reliance upon the effectiveness of Chapter 461 of the public laws, 1990, Chapter 133 of the public laws, 1992, Chapter 138 of the public laws, 1993, Chapter 70 of the public laws, 1994, Chapter 370 of the public laws, 1995, Chapter 100 of the public laws, 1996, Chapter 30 of the public laws, 1997, Chapter 31 of the public laws, 1998, Chapter 31 of the public laws, 1999, Chapter 55 of the public laws, 2000 are hereby ratified and confirmed.

SECTION 1. Hardship Contingency Fund - Out of the sum appropriated to the department of human services in Article 1 for general public assistance, the sum of four hundred fifty thousand dollars ($450,000) shall be used as a hardship contingency fund for the purposes and subject to the limitations hereinafter provided, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers. From the aforesaid appropriation for hardship contingency, the director of the department of human services, in his or her sole discretion, may authorize payments of cash assistance benefits up to two hundred dollars ($200) per month upon a showing of hardship by an individual who is eligible for general public assistance medical benefits under section 40-6-3.1(a)(1). The director shall not be required to promulgate any new, additional or separate rules or regulations in connection with his or her disbursement of the contingency fund created hereby.

SECTION 2. This article shall take effect on July 1, 2001.

WHEREAS, The general assembly finds that direct care workers are an integral part of the health and human service system; and

WHEREAS, The general assembly recognizes the need to supplement the compensation of direct care workers; and be it further

RESOLVED, That the general assembly enacts this article with the expressed intent that the monies appropriated pursuant to this article be dedicated to increase wages for direct care workers.

SECTION 1. The departments of children, youth and families, elderly affairs, health, human services and mental health, retardation and hospitals are hereby authorized and directed to amend their contractual arrangements with certain provider agencies to allow for payment of a provider rate adjustment in fiscal year 2002. These arrangements shall include language that will require providers accepting the adjustment to dedicate the proceeds of the adjustment to compensation, including employee benefits, for direct care staff. The adjustment amount for fiscal year 2002 shall be three and eight-tenths percent (3.8%) of the estimated cost of compensation of direct care staff, including employee benefits, to each provider. Language shall also be included that will provide for reporting by the provider to verify this dedication of proceeds, and to require reimbursement of any such proceeds that are not disbursed according to this requirement. The provider types that shall be included are: assisted living waiver programs home-based services financed by the departments of elderly affairs and human services, including registered nurses, licensed practical nurses, certified nursing assistants, homemakers, personal care attendants and behavioral health specialists; services financed by the department of mental health, retardation and hospitals, including developmental disabilities, mental health community providers and substance abuse providers; contractual residential and non-residential providers to the department of children, youth and families, as well as adoptive parents; department of health early intervention and community health providers; and, adult day care providers contracted to the department of elderly affairs or the department of human services. For the purposes of this section, the term "providers" shall not include nursing homes, assisted living providers, hospitals or office or clinic based physician or dentists. In lieu of the rate adjustment provided in this section, the average standard board rate for foster parents shall be increased by $3.69.

SECTION 2. Section 40-8-19 of the General Laws in Chapter 40-8 entitled "Medical Assistance" is hereby amended to read as follows:

40-8-19. Rates of payment to nursing facilities -- (a) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to participate in the title XIX medicaid program for services rendered to medicaid-eligible residents, shall be reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. section 1396a(a)(13). The department of human services shall promulgate or modify principles of reimbursement to be consistent with the provisions of this section and title XIX, 42 U.S.C. 1396 et seq., of the Social Security Act.

(b) For the period ending January 1, 1991 through June 30, 1993, the rates paid by the Rhode Island medical assistance program for services provided to program beneficiaries in nursing facilities licensed pursuant to chapter 17 of title 23, shall have been based on the costs calculated in accordance with facility base years established under the Principles of Reimbursement, TN No. 92-17, adjusted by the percentage change in the national nursing home input price index granted on January 1 of each year subsequent to such base years, except that no such adjustment shall be made on January 1, 1994 and that facilities commencing operation (including total replacement facilities) subsequent to calendar year 1991 shall have had their first six (6) months of operation as their base period.

(1) Effective July 1, 1993, allowable costs shall be divided into the following seven (7) cost centers:

(i) Fixed property, which will include real estate, personal property, and fire district taxes;

(ii) Other property related, which will include interest, rent/lease, amortization of leasehold improvements, and depreciation;

(iii) Management related, which will include all salaries and personnel fees for administrators, managers, officers/owners, other administrative salaries, employer's share of health benefits for such personnel, other fringe benefits for such personnel, home office/central services, computer payroll and data processing charges, accounting/auditing fees, legal services, payroll taxes for such personnel, workers' compensation, group life, pension and retirement insurance for such personnel, utilization review, consultants, pharmacist salaries and services, and other salaries and fees exclusive of salaries and purchased services enumerated in the labor related cost center and of repairs; medical director salaries/fees; physician salaries/fees; salaries;

(iv) Energy, which will include fuel, gas, and electricity;

(v) OBRA 87, which will include reasonable costs of the following expense elements: medical director; physician salaries/fees, social worker salaries/fees; recreational activities salaries; quality of life; scope of services and activities under plan of care; resident assessment; provisions of services and activities; in-service education/training; physician supervision and clinical records; social services; general rights; transfer and discharge rights; access and visitation rights; equal access to quality care; admission policy; protection of resident funds; posting of survey results; administration; licensing and life safety code; and sanitary and infection control and physical environment;

(vi) Labor related, which will include all salaries and personnel costs for nonadministrative and nonmanagement employees including the employee's share of health benefits, other employee fringe benefits, payroll taxes, workers' compensation, group life, pension, and retirement insurance for those employees. This classification shall include employee costs and/or purchased service costs for the following categories: dietary, laundry and linen, housekeeping, RN's, LPN's, aides and orderlies, physical therapy, and other therapeutic services, recreational activities, social workers, and plant operation and maintenance; and

(vii) All other, which includes all other allowable costs not specifically covered by subsections (a) -- (f).

(2) For the fiscal year ending June 30, 1994, and each succeeding fiscal year, per diem maximum allowable costs for each cost center applicable during such fiscal year shall be as follows:

(i) For fixed property and OBRA 87, the maximum shall be equal to the cost at the one hundredth (100th) percentile of all continuously operating facilities arrayed in each cost center for calendar year 1991;

(ii) For labor related and all other, the maximum shall be equal to the cost at the eightieth (80th) percentile of all continuously operating facilities arrayed in each cost center for calendar year 1991;

(iii) For the energy and management related cost center, the maximum shall be equal to the cost at the seventy-fifth (75th) percentile of all continuously operating facilities arrayed in the cost center for calendar year 1991; provided, however, that for the fiscal year ending June 30, 1997, and each succeeding fiscal year, the per diem maximum allowable costs for the management related cost center shall be equal to the cost at the eightieth (80th) percentile of all continuously operating facilities arrayed in each cost center for calendar year 1991, such cost center ceiling to be adjusted by the national nursing home price index percentage increase granted on January 1, 1992 and January 1, 1993, and on an annual basis, commencing with the fiscal year beginning July 1, 1994 and each fiscal year thereafter to be adjusted on an annual basis consistent with the provisions of subdivision (3);

(iv) For the other property related cost center, the maximum allowable cost will be set at the rate of $18.97, for facilities licensed, under construction or that have made a significant financial commitment by July 1, 1993, or that will have submitted certificate of need applications by June 1, 1993 that will have been approved by September 30, 1993, and for future renovations to the existing bed supply; provided, however, that the reimbursement for depreciation and interest costs attributable to any future additions of bed capacity that exceed the lesser of ten (10) beds or ten percent (10%) of bed capacity or to construction of new facilities will be limited to a maximum equal to the cost at the seventieth (70th) percentile of all continuously operating facilities arrayed in the cost center for calendar year 1991. For those facilities to which the eighteen dollars and ninety-seven cents ($18.97) other property related maximum applies, the cost basis set forth in the principles of Reimbursement TN92-17 and a fifteen dollar ($15.00) maximum shall apply upon change of owner/operator to the new purchaser and/or operator of the facility. All costs, including salaries, must be absorbed within these group ceilings, except that the director may promulgate principles of reimbursement that permit increases in administrator salaries that may be accommodated within the combined cost center ceilings for the labor related and management cost centers. The total ceiling maximum will be the sum total of the seven (7) cost center ceilings.

(v) Notwithstanding any other provision to the contrary, for the fiscal year ending June 30, 2000, and each succeeding fiscal year, the other property related cost center for nursing facilities meeting each of the criteria below shall be subject to the maximum allowable rate of eighteen dollars and ninety-seven cents ($18.97):

(A) the facility must be certified to participate in Medicaid and in continuous operation and under the same ownership for reimbursement purposes since July 1, 1967; and

(B) costs for renovating the existing facility to modernize and to comply with fire safety codes make the costs of renovation fiscally unsound;

(C) if fewer replacement beds are constructed than are licensed in the existing facility, the license for the excess beds must be surrendered to the department of health;

(D) the certificate of need for the replacement beds must be granted no later than January 1, 2001;

(E) the existing facility must cease operations at the time the replacement beds are licensed; and

(F) recapture of depreciation will be paid to the state upon the sale of the existing facility.

(3) (i) Notwithstanding any other provision to the contrary, the national nursing home price index percentage increase granted on January 1, 1993 shall cover the period January 1, 1993 through June 30, 1994. Commencing with the fiscal year beginning July 1, 1994 and each fiscal year thereafter, except for the fiscal year beginning July 1, 1996 for which no such price index increase shall be applied, the annual percentage increase shall be applied to all cost center ceilings; and provided further that all cost center ceilings shall be increased by an additional nine-tenths of one percent (.9%) effective on July 1, 1999. Individual cost center rates will be adjusted by the percentage change in the national nursing home price index for the twelve (12) month period ending the previous April; provided, however, that no such price index adjustment shall be applied for the fiscal year beginning July 1, 1996; and provided further that all cost center ceilings shall be increased by an additional nine-tenths of one percent (.9%) effective on July 1, 1999. The annual percentage increase shall not apply to any facility cost center rate being held harmless pursuant to the provisions of subdivision (6).

(ii) The amount of percentage change to be utilized will be the index as reported by the health care financing administration on the first date it is available in the month of April of each year.

(4) The base year system established under the Principles of Reimbursement, TN #92-17, promulgated by the department of human services will be continued as follows: Commencing with the reporting year 1991, and with every reporting year thereafter, one-third (1/3) of the participating nursing facilities will have a new base year. The prospective rate of each nursing facility with a new base year will be recalculated after the completion of a desk audit of the BM-64 cost report, and will be effective July 1 of the year subsequent to the year in which the cost report was submitted. The recalculated rate will reflect the actual allowable costs as determined by the audit updated by the national nursing home input price index percentage increase(s) for the year(s) subsequent to the audited year to produce the prospective rate, except that no such price index adjustment shall be applied for the fiscal year beginning July 1, 1996; and provided further that there shall be an additional price index adjustment of nine-tenths of one percent (.9%) effective on July 1, 1999; provided, however, that the new prospective rate shall not exceed the maximum rates established for each cost center ceiling.

(5) Each nursing facility will report in account No. 470 the expenditure for health care provider assessment. The costs in this line item attributable to program revenue received will be fully recognized for reimbursement. An additional per diem rate will be calculated and added to each nursing facility rate to recognize the reimbursement.

(6) (i) Effective for the year ending June 30, 1994, and for each fiscal year thereafter, to encourage nursing facilities to accept and serve medicaid patients, all participating providers that had an overall medicaid occupancy for the preceding calendar year (e.g. calendar year 1992 for the fiscal year ending June 30, 1994) of eighty percent (80%) or greater will be allowed a .75 cent ($0.075) participating incentive factor per medicaid patient day, and all participating providers that had an overall medicaid occupancy for the preceding calendar year between fifty percent (50%) or greater but less than eighty percent (80%) will be allowed a .35 cent ($0.035) participating incentive factor. The participating incentive factor shall be subject to the ceiling maximum. With respect to state fiscal year ending June 30, 1999, each nursing facility duly licensed and participating as of June, 1999 shall be paid a one-time supplemental medicaid participating incentive factor of three dollars and twenty-one cents ($3.21) per day for each medicaid patient day in calendar year 1997 as reported on the facility's BM-64 cost report for calendar year 1997.

(ii) Effective July 1, 1993, each nursing facility shall receive a prospective rate made up of the allowed rates in each of the seven (7) cost centers, the rate attributable to the health care provider assessment, and, subject to the ceiling maximum applicable to the seven (7) cost centers in the aggregate, each nursing facility eligible shall receive the participating incentive factor. Provided; that for the fiscal year ending June 30, 1994, no nursing facility rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1993, except for those changes resulting from the normal base year cycle audits and appeals; for the fiscal year ending June 30, 1995, no nursing facility's rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1994, except for changes resulting from the normal base year cycle audits and appeals; for the fiscal year ending June 30, 1996, no nursing facility's rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1995, except for changes resulting from the normal base year cycle audits and appeals. Provided, however, that for facilities under construction as of June 30, 1993, the reimbursement rate during the period from July 1, 1993 through June 30, 1995 shall be the lower of their actual cost per day during the first six (6) months of operation or the maximums in effect as of June 30, 1993.

(7) Every nursing facility that participates in the medical assistance program shall, within ninety (90) days of passage, make application for refinancing of existing long term debt through the Rhode Island economic development corporation to the extent that the final interest rate achievable shall be lower than the nursing facility's existing rate. Notwithstanding the provisions of chapter 64 of title 42 or any other provisions of the general laws to the contrary, the Rhode Island economic development corporation is hereby authorized and empowered to participate in the refinancing of long term debt of nursing facilities as provided in this subsection.

(8) Every nursing facility that participates in the medical assistance program shall, within ninety (90) days of passage file an appeal with the department of business regulation for workers' compensation rate relief on the basis of worker classification revisions.

(9) If a facility fails to file such an appeal with the department of business regulation for workers' compensation rate relief, the reimbursement rate in the labor and payroll related cost center will be reduced by an amount equal to the medicaid proportion of the cost that would have been saved had the facility filed and been successful in such appeal.

(10) All of the medicaid proportion of reductions of costs from refinancings and worker compensation savings achieved through the cooperative efforts of the department and individual facilities, including rebates for prior years workers' compensation costs, will be paid in their entirety to the state forthwith after such savings are realized by the facility.

(11) Rates determined under this section shall be in compliance with all applicable federal laws and regulations and any necessary Title XIX and state plan approval.

(12) It is the intent of this chapter that quality health care be delivered with full recognition of the need for cost containment. To the extent the state identifies any indication of violations of the cost containment philosophy inherent herein, it may disallow the costs involved subject to the right of the affected nursing facility to appeal such disallowance in a hearing before an adjudicative hearing officer of the Rhode Island department of human services. The appeal shall be conducted in accordance with chapter 35 of title 42. Costs of such appeals will be borne by the appellants. In such proceedings, the burden of proof shall be on the nursing facility to rebut the state's finding by clear and convincing evidence.

SECTION 3. The budget officer shall for future budget preparations by the department pursuant to the provisions of Section 1, shall provide guidance and instructions regarding additional adjustments to the providers in Section 1, pursuant to section 35-3-4 of the Rhode Island general laws.

SECTION 4. This article shall take effect on July 1, 2001.

SECTION 1. Sections 5-10-10, 5-10-13, and 5-10-15 of the General Laws in Chapter 5-10 entitled "Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians" are hereby amended to read as follows:

5-10-10.  Application form - Fee - Expiration and renewal of licenses - Fees. - (a) Applications for licenses under § 5-10-9 are made upon any forms that are prescribed by the division and are accompanied by an examination fee of twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25). The license of every person licensed under §§ 5-10-8 and 5-10-9 expires on the thirtieth (30th) day of October of every other year following the date of license. This is determined on an odd-even basis. On or before the first day of September of every year, the administrator of professional regulation shall mail an application for renewal of license to people scheduled to be licensed that year on an odd/even basis as to the license number. Every person who wishes to renew his or her license must file with the administrator of professional regulation a renewal application duly executed together with the renewal fee of thirty dollars ($30.00) thirty-seven dollars and fifty cents ($37.50). Applications, accompanied by the fee for renewal, are filed with the division on or before the fifteenth (15th) day of October in each renewal year. Upon receipt of the application and fee, the administrator of professional regulation grants a renewal license effective October 1st and expiring two (2) years later on September 30th.

(b) Every person who fails to renew his or her license on or before September 30th following the date of issuance as provided in subsection (a) may be reinstated by the division upon payment of the current renewal fee of thirty dollars ($30.00) thirty-seven dollars and fifty cents ($37.50) plus an additional fee of fifteen dollars ($15.00) eighteen dollars and seventy-five cents ($18.75) for each year the license has lapsed to a maximum of one hundred fifty dollars ($150).

(c) The license shall be on the person at all times while performing the services for which they are licensed.

5-10-13.  Demonstrator's permit. - The division may in its discretion issue to any person recognized by the division as an authority on, or an expert in the theory or practice of barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics and is the holder of a current esthetician's, manicurist's or a barber's, hairdresser's, and cosmetician's license in this state, another state or the District of Columbia, a demonstrator's permit for not more than six (6) days' duration for educational and instructive demonstrations; provided, that the permit is not used in the sense of a license to practice barbering, manicuring, esthetics or hairdressing and cosmetic therapy. The fee for the permit is twenty-five dollars ($25.00) fifty dollars ($50.00).

5-10-15.  Licensing of shops. - (a) No shop, place of business or establishment shall be opened or conducted within the state by any person, association, copartnership, corporation, or otherwise for the practice of barbering, manicuring and/or hairdressing and cosmetic therapy or esthetics until the time that application for a license to operate that shop, place of business or establishment for the practice of manicuring and/or hairdressing and cosmetic therapy or esthetics is made, to the division, in the manner and on the forms that it prescribes, and a license, under the terms and conditions, not contrary to law, that the division requires is granted for it and a license issued. No licenses are granted to any shop, place of business, or establishment for the practice of hairdressing and cosmetic therapy unless the proprietor or a supervising manager in the practice of barbering, hairdressing and cosmetic therapy, of the shop, place of business, or establishment is licensed and has been licensed as a licensed barber or hairdresser and cosmetician for a period of at least one year immediately prior to the filing of the application for the license. No license is granted to any shop, place of business, or establishment for the practice of manicuring or esthetics unless the proprietor or a supervising manager of the proprietor is licensed and has been licensed as a licensed barber, hairdresser and cosmetician, manicurist or esthetician for a period of at least one year immediately prior to the filing of the application for the license. The supervising manager is registered with the division as the manager of a licensed shop and is only registered to manage one shop at a time. The proprietor of the licensed shop and the manager shall notify the division, in writing, within ten (10) days upon the termination of employment as the manager of the licensed shop. The license of the shop expires forty-five (45) days after the division is notified by the proprietor if no new manager is registered with the division as the supervising manager of the shop.

(b) All licenses issued under this section terminate on the first day of July following the date of issue. The fee for the license is seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75) and for each renewal of the license the fee is seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75).

SECTION 2. Sections 5-19-13, 5-19-24, and 5-19-31 of the General Laws in Chapter 5-19 entitled "Pharmacy" are hereby amended to read as follows:

5-19-13.  Examination and registration fees. - Every person applying for examination and registration as a registered pharmacist shall pay the board of pharmacy, within the department of health, the required fee prescribed in the rules and regulations which reflect the actual cost of the examination, but is no more than three hundred dollars ($300) three hundred fifty dollars ($350.00). Upon passing the required examination, the person is furnished without further charge with a certificate of registration. Every applicant for a reciprocal registration as a registered pharmacist pays to the board a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) plus any expense of making an investigation of his or her character, general reputation, and pharmaceutical standing in the state in which he or she has resided. The fee for an annual renewal is fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).

5-19-24.  Pharmacy license fees - Renewal - Display - License not transferable. - Every application for a pharmacy license must be in writing and accompanied by a payment to the board of pharmacy of the sum of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) as a license fee. Licenses are consecutively numbered, and are renewed annually, for which renewal fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) shall be paid to the board. The license is displayed conspicuously in the pharmacy, and is not transferable.

5-19-31.  Special licenses not transferable - Renewal - Fees. - Special licenses are not transferable, expire on the dates subsequently indicated in this section, and are renewed annually by application as provided for in this chapter. The application is accompanied by the fee subsequently required in this section. The fees required for the issuing of licenses required in §§ 5-19-26 - 5-19-29, the dates of expiration of those licenses following the date of issue, and the fees required for their renewal are as follows:

SECTION 3. Sections 5-25-10, 5-25-11, and 5-25-12 of the General Laws in Chapter 5-25 entitled "Veterinary Practice" are hereby amended to read as follows:

5-25-10.  Qualifications for licensure. - Any applicant for licensure shall submit to the division written evidence on forms furnished by the division of professional regulation verified by oath that the applicant meets all of the following requirements:

(1) Be a graduate of a school or college of veterinary medicine recognized and accredited by the American Veterinary Medical Association and by the division or certification by the Educational Council for Foreign Veterinary Graduates;

(2) Pay an application fee of twenty dollars ($20.00) twenty-five dollars ($25.00) at the time of submitting the application, which, in no case is returned to the applicant;

(3) Be of good moral character, evidenced in the manner prescribed by the division; and

(4) Comply with any other qualifications that the division prescribes by regulation.

5-25-11.  Licensing of veterinarians. - (a) By Examination. The applicant is required to pass with a grade determined by the division an examination approved by the division; upon payment of an examination fee of two hundred dollars ($200) Two hundred fifty dollars ($250.00) every candidate who passes that examination, and in the opinion of the division meets the qualifications of § 5-25-10, shall, upon payment of an initial license fee, which shall be equal to the biennial license renewal fee in effect, be issued a license to practice veterinary medicine. Veterinarians licensed under the provisions of this chapter on August 31, 1985 shall continue to be licensed.

(b) Without Examination by Endorsement. A license to practice veterinary medicine may be issued without examination to an applicant who has been duly licensed by examination as a veterinarian under the laws of another state or territory or District of Columbia, if, in the opinion of the division, the applicant meets the qualifications required of veterinarians in this state, as further defined in rules and regulations.

5-25-12.  Expiration and renewal of licenses. - (a) The certificate of every person licensed as a veterinarian under the provisions of this chapter expires on the first day of May of each even numbered year. On or before the first day of March of each two (2) year period, the administrator of the division of professional regulation shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every person so licensed who desires to renew his or her license shall file with the division of professional regulation a renewal application duly executed together with a renewal fee of two hundred dollars ($200) two hundred fifty dollars ($250.00) on or before the thirty-first day of March of each even year.

(b) Upon receipt of an application, and payment of the renewal fee, the administrator of professional regulation shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even numbered year.

(c) Any person who allows his or her license to lapse by failing to renew it on or before the thirty-first day of March of the next even year, as provided above, may be reinstated by the administrator of professional regulation on payment of the current renewal fee plus an additional fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50)

(d) Any person using the title "veterinarian" during the time that his or her license has lapsed is subject to the penalties provided for violations of this chapter.

SECTION 4. Sections 5-29-7, 5-29-11, 5-29-13 and 5-29-14 of the General Laws in Chapter 5-29 entitled "Podiatrists" are hereby amended to read as follows:

5-29-7.  Examination of applicants - Fees - Reexamination. - The division of professional regulation board of podiatry examiners is empowered to review applications as defined in this chapter and to require a minimum application fee of two hundred fifty dollars ($250) three hundred twelve dollars and fifty cents ($312.50) at the time of application. Application fees are not refundable unless sickness or other good cause appearing to the satisfaction of the division such applicant was prevented from attending and completing the examination. One further or subsequent examination under that application may be given to applicants in the discretion of the division, without payment of an additional fee.

5-29-11.  Fee. - The biennial renewal fee shall not be less than one hundred dollars ($100) two hundred dollars ($200.00) nor be more than three hundred dollars ($300) three hundred seventy-five dollars ($375.00). From the proceeds of any fees collected pursuant to the provisions of this chapter there is created a restricted receipts account which shall be used for the general purpose of the division of professional regulation within the department of health.

5-29-13.  Limited registrations. - (a) An applicant for limited registration under this chapter who furnishes the division of professional regulation of the department of health with satisfactory proof that the applicant is eighteen (18) years of age or older and of good moral character, that the applicant has creditably completed not less than two (2) years of study in a legally chartered podiatry school that is accredited by the council on podiatric medical education of the American podiatric medical association having power to grant degrees in podiatry, and that the applicant has been appointed an intern, resident, fellow, or podiatry officer in a hospital or other institution maintained by the state, or by a city or town, or in a hospital or clinic which is incorporated under the laws of this state or in a clinic which is affiliated with a hospital licensed by the department of health, or in an out-patient clinic operated by the state, may, upon the payment of ten dollars ($10.00) fifty dollars ($50.00), be registered by the division as a hospital officer for any time that the division prescribes; but that limited registration entitles the applicant to practice podiatry in the hospital or other institution designated on his or her certificate of limited registration, or outside that hospital or other institution for the treatment, under the supervision of one of its medical officers who is a duly licensed physician and/or podiatrist or persons accepted by it as patients, or in any hospital, institution, clinic, or program affiliated for training purposes with the hospital, institution, or clinic designated on the certificate, which affiliation is approved by the division of professional regulation and the council of podiatric medical education of the American podiatric medical association and in any case under regulations established by such hospital, institution, or clinic. Provided, further, that each such hospital, institution, or clinic shall submit to the division of professional regulation annually a list of affiliated hospitals, institutions, clinics, or programs providing training programs which comply with the terms of this section. Limited registration under this section may be revoked at any time by the division.

(b) The division of professional regulation of the department of health may promulgate any rules and regulations that it deems necessary to effect the provisions of this chapter.

5-29-14. Limited registration - Academic faculty. - Notwithstanding any other provisions of this chapter, a podiatrist of noteworthy and recognized professional attainment who is a clearly outstanding podiatrist and who has been offered by the dean of a medical school or podiatry school in this state a full-time academic appointment, is eligible for a limited registration while serving on the academic staff of the medical school or podiatry school. Upon recommendation of the dean of an accredited school of medicine, podiatry in this state, the board in its discretion, after being satisfied that the applicant is a graduate of a foreign podiatry school and a person of professional rank whose knowledge and special training will benefit that medical school, podiatry school may issue to that podiatrist a limited registration to engage in the practice of podiatry to the extent that the practice is incidental to a necessary part of his or her academic appointment and then only in the hospital or hospitals and out-patient clinics connected with the medical school or podiatry school. Except to the extent authorized by this section, the registrant shall not engage in the practice of podiatry or receive compensation for that practice, unless he or she is issued a license to practice podiatry. The registration is valid for a period of not more than one year expiring on the 30th day of June following its initial effective date but may be renewed annually. Provided, that such registration automatically expires when the holder's relationship with the medical school or podiatry school is terminated. The application fee for the registration authorized under this section is three hundred fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50). The application fee for biennial renewal shall be not less than one hundred dollars ($100) two hundred fifteen dollars ($215.00) nor more than three hundred dollars ($300) three hundred seventy-five dollars ($375.00) as promulgated by the director.

SECTION 5. Sections 5-30-6, 5-30-7, 5-30-8, and 5-30-12 of the General Laws in Chapter 5-30 entitled "Chiropractors" are hereby amended to read as follows:

5-30-6.  Qualifications and examinations of applicants. - Every person desiring to begin the practice of chiropractic, except as subsequently provided, shall present satisfactory evidence to the division of professional regulation of the department of health, verified by oath, that he or she is more than twenty-three (23) years of age, of good moral character, and that before he or she commenced the study of chiropractic had satisfactorily completed credit courses equal to four (4) years of pre-professional study acceptable by an accredited academic college and obtained a bachelor of science or bachelor of arts degree and subsequently graduated from a chiropractic school or college approved by the division of professional regulation of the department of health and has completed a residential course of at least four (4) years, each year consisting of at least nine (9) months study. Any qualified applicant shall take an examination before the state board of chiropractic examiners to determine his or her qualifications to practice chiropractic. Every applicant for an examination shall pay a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for the examination to the division of professional regulation. Every candidate who passes the examination is recommended by the division of professional regulation of the department of health to the director of health to receive a certificate of qualification to practice chiropractic.

5-30-7.  Certification of chiropractors authorized to practice in other states. - The division of professional regulation of the department of health may, at its discretion, dispense with the examination of any chiropractor authorized to practice chiropractic in any other state, and who has been practicing his or her profession in that state for at least five (5) years and desires to reside permanently and practice his or her profession in this state, provided the laws of that state require qualifications of a grade equal to those required in Rhode Island, and provided that equal rights are accorded by that state to chiropractors of Rhode Island. The chiropractor shall make an application to the division for exemption from examination and the division may in its discretion exempt him or her. If the division exempts him or her, he or she pays a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for a certificate of exemption from that examination, and upon receipt of that fee, the division recommends him or her to the director of health to receive a certificate of qualification to practice chiropractic.

5-30-8.  Certification to practice physiotherapy. - (a) Every person desiring to practice physiotherapy in addition to chiropractic and who: completed a course of four (4) years, of eight (8) months each, in some school of chiropractic approved by the division of professional regulation of the department of health, completed a course of three (3) years, of nine (9) months each, at some school of chiropractic approved by the division and an additional year, of at least six (6) months, in physiotherapy and all branches of that field, at that school, or has served as an intern for six (6) months in any year at an institution approved by the division, and satisfies the division that he or she is qualified, may take an examination before the state board of chiropractic examiners to determine his or her qualification to practice physiotherapy in addition to chiropractic.

(b) Every applicant for that examination pays a fee of thirty-five dollars ($35.00) forty-three dollars and seventy-five cents ($43.75) for the examination to the division of professional regulation of the department of health, provided that if the examination is taken at the same time as the examination to determine the applicant's fitness to practice chiropractic, but one fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) is charged. Every candidate who passes that examination is recommended by the division of professional regulation of the department of health to the director of health to receive a certificate of qualification to practice physiotherapy.

5-30-12.  Annual registration - Payment of fees. - Annually, during the month of October in each year, every person granted a certificate to practice chiropractic registers his or her name, address, and place of business with the division of professional regulation of the department of health. The division keeps a book for that purpose, and each person registering pays a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) and receives a certificate of registration for the next succeeding fiscal year, unless the certificate of practice has been suspended or revoked for cause, as provided in § 5-30-13. All fees for examination, for certificate of exemption from examination, and for annual registration are deposited as general revenues.

SECTION 6. Sections 5-31.1-6, 5-31.1-21, 5-31.1-22 and 5-31.1-23 of the General Laws in Chapter 5-31.1 entitled "Dentists and Dental Hygienists" are hereby amended to read as follows:

5-31.1-6. License to practice - Qualifications of applicants - Fee - Reexamination. - Authority to practice dentistry or dental hygiene under this chapter is by a license issued by the director of health, to any reputable dentist or dental hygienist who intends to practice dentistry or dental hygiene in this state, and who meets the requirements for licensure prescribed in this chapter and regulations established by the board or the director. Applicants for licensure as dentists shall present satisfactory evidence of graduation from a school of dentistry accredited by the American Dental Association Commission on dental accreditation or its designated agency and approved by the board, meet any other requirements that the board or director by regulation establishes, and pass in a satisfactory manner any examinations that the board requires. Applicants for licensure as dental hygienists shall present satisfactory evidence of graduation from a school for dental hygiene accredited by the American Dental Association Commission on dental auxiliary accreditation or its designated agency and approved by the board, meet any other requirements that the board or director by regulation establishes and pass in a satisfactory manner any examination that the board requires. Any dentist applying for licensure pays an application fee of three hundred fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50) and any dental hygienist applying for licensure pays an application fee of seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75) and application fees shall in no case be returned. Applicants requiring reexamination for dentistry submit a fee of three hundred fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50) for each reexamination. Applicants requiring reexamination for dental hygiene submit a fee of seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75) for each reexamination.

5-31.1-21.  Annual registration. - (a) On or before the first day of October May in each year the board mails an application for annual registration to every person to whom a license to practice dentistry or dental hygiene in this state has been granted by the constituted licensing authority in the state. Every licensed person who intends to engage in the practice of his or her profession during the ensuing year registers his or her license by filing with the board that application executed together with any registration form and fee that is established by regulation by the director on or before the first day of December June in each year. Upon receipt of that application and fee the board issues a registration certificate effective January 2 July 1 and expiring the following January 1 June 30, and that registration certificate renders its holder a registered practitioner of dentistry or dental hygiene for that registration period.

(b) The registration certificate of all dentists and dental hygienists whose renewals accompanied by the prescribed fee are not filed on or before the first day of January July automatically expire. The board may in its discretion and upon the payment by the dentist or dental hygienist of the current registration fee plus an additional fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) reinstate any certificate expired under the provisions of this section. All unexpended monies in the account of the board of dentistry are transferred to the new board of dentistry as created by this section as of June 2, 1988.

(c) Dentists and dental hygienists not intending to practice in this state may request on an annual basis to be placed on inactive status. Those requests must be made, in writing, to the dental administrator and must be accompanied by a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for dentists and twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25) for dental hygienists. Persons on inactive status may be reinstated by paying the current annual registration fee and must meet any requirements established by this chapter and as are further prescribed by the rules and regulations.

5-31.1-22. Limited registrations - An applicant for limited registration under this chapter who furnishes the board with satisfactory proof that the applicant is eighteen (18) years of age or older and of good moral character, that the applicant has graduated from a dental school accredited by the American Dental Association commission on dental accreditation or its designated agency and approved by the board, and that the applicant has been appointed an intern, resident, fellow, or dental officer in a hospital or other institution maintained by the state, or by a city or town, or in a hospital or clinic which is incorporated under the laws of this state or in a clinic which is affiliated with a hospital licensed by the department of health, or in an out-patient clinic operated by the state, may, upon the payment of twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25) be registered by the board as a hospital dental officer for any time that the board prescribes; but that limited registration entitles the applicant to practice dentistry in the hospital or other institution designated on his or her certificate of limited registration, or outside that hospital of other institution for the treatment, under the supervision of one of its dental officers who is a licensed dentist, in the state of persons accepted by it as patients, or in any hospital, institution, clinic, or program affiliated for training purposes with the hospital, institution, or clinic designated on this certificate, which affiliation is approved by the board, and in any case under regulations established by that hospital, institution, or clinic. Provided; that each hospital, institution, or clinic submits to the board annually a list of training programs which comply with the terms of this section. Limited registration under this section may be revoked at any time by the board. The board and/or the director may promulgate any rules and regulations that it deems necessary to carry out the provisions of this section.

5-31.1-23. Limited registration - Academic faculty. - Notwithstanding any other provisions of this chapter, a dentist of noteworthy and recognized professional attainment who is a clearly outstanding dentist and who has been offered by the dean of a medical school, dental school, or school of dental hygiene in this state a full-time academic appointment, is eligible for a limited registration while serving on the academic staff of the medical school, dental school, or school of dental hygiene. Upon recommendation of the dean of an accredited school of medicine, dentistry, or school of dental hygiene in this state, the board in its discretion, after being satisfied that the applicant is a graduate of a foreign dental school and a person of professional rank whose knowledge and special training will benefit that medical school, dental school, or school of dental hygiene may issue to that dentist a limited registration to engage in the practice of dentistry to the extent that the practice is incidental to a necessary part of his or her academic appointment and then only in the hospital or hospitals and out-patient clinics connected with the medical school, dental school, or school of dental hygiene. Except to the extent authorized by this section, the registrant shall not engage in the practice of dentistry or receive compensation for it, unless he or she is issued a license to practice dentistry in accordance with the provisions of this chapter. The registration is valid for a period of not more than one year expiring on the 30th day of June following its initial effective date but may be renewed annually. Provided, that the registration automatically expires when the holder's relationship with the medical school, dental school, or school of dental hygiene is terminated. The application fee for the registration authorized under this section is three hundred and fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50). The application fee for initial annual renewal is one hundred dollars ($100) one hundred twenty-five dollars ($125.00). Subsequently, fees are as promulgated by the director.

SECTION 7. Sections 5-32-3, 5-32-6, 5-32-7, and 5-32-13 of the General Laws in Chapter 5-32 entitled "Electrolysis" are hereby amended to read as follows:

5-32-3. Certificates - Applications - Penalty for violations. - The division of professional regulation of the department of health issues certificates to practice electrolysis as defined in this chapter, to any persons that comply with the provisions of this chapter. Any person who desires to engage in that practice shall submit in writing, in any form that is required by the board, an application for a certificate to engage in that practice, which application is accompanied by a fee of eighty dollars ($80.00) one hundred dollars ($100.00). Any person, firm, corporation or association violating any of the provisions of this chapter commits a misdemeanor and upon conviction shall be punished by a fine not to exceed two hundred dollars ($200) or imprisoned for a period not to exceed three (3) months, or both the fine and imprisonment.

5-32-6. Examination of applicants - Expiration and renewal of certificates. - Examination of applicants for certificates is held at least twice a year in the city of Providence and may be held elsewhere in the discretion of the division of professional regulation of the department of health. The division has the power to adopt, change, alter and amend, rules and regulations for the conducting of those examinations, and may fix the fee for reexamination. The division issues to each person successfully passing the examination, where an examination is required, and who satisfies the division of his or her qualifications, a certificate, signed by the administrator of the division, entitling him or her to practice that business in this state for the annual period stated in the certificate, or until the certificate is revoked or suspended, as subsequently provided. All certificates expire on the 30th day of April of each year, unless sooner suspended or revoked, and are renewed for the next ensuing year by the division upon payment to it of an annual renewal fee of twenty-five dollars ($25.00) thirty-one dollars and fifty cents ($31.50) for each renewal.

5-32-7.  Certification of licensees from other states. - Any person licensed to practice electrolysis in any other state or states, who is, or in good faith intends to become, a resident of this state, where the requirements are the equivalent of those of this state and who meets the requirements of this chapter is entitled to take that examination and, if he or she passes that examination, is, upon the payment of a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50), entitled to be licensed under the provisions of this chapter.

5-32-13. Annual renewal of certificates. - All certificates issued under the provisions of this chapter are renewed annually by the holders of the certificate at an annual renewal fee of twenty-five dollars ($25.00) ) thirty-one dollars and fifty cents ($31.50) by the division of professional regulation of the department of health.

SECTION 8. Sections 5-33.2-13.1, 5-33.2-15, and 5-33.2-16 of the General Laws in Chapter 5-33.2 entitled "Funeral Director/Embalmer Funeral Service Establishments" are hereby amended to read as follows:

5-33.2-13.1.  Crematories - License and inspection. - No crematory owned or operated by or located on property licensed as a funeral establishment or at another location or by a cemetery shall conduct cremations without first having applied for and obtained a license from the department. Applications for the crematory license are made on forms furnished by the division accompanied by the application fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).Upon receipt of a completed application, the department issues a license. A license is issued to a specific licensee for a specific location and is not transferable. The facility and licensee shall meet all requirements as prescribed by the rules and regulations established by the department, not inconsistent with this chapter.

5-33.2-15.  Annual renewal of licenses. - All licenses issued under the provisions of this chapter must be renewed annually by their holders, who shall pay to the division a yearly renewal fee of seventy-five ($75.00) ninety-three dollars and seventy-five cents ($93.75) for the renewal of a funeral director/oembalmer's license, fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for each funeral establishment branch office license and fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for the crematory license. On or before the fifteenth day of November in each year the division mails to each licensed funeral director/embalmer and to each licensed funeral establishment, funeral establishment branch office and crematory an application for the renewal. Applications, accompanied by the fee for renewal, are filed with the division on or before the thirty-first day of December in each year. Applications filed after the thirty-first of December and on or before the fifteenth of January must be accompanied by a fee of forty dollars ($40.00) fifty dollars ($50.00) for funeral director/embalmers and funeral establishments in addition to the previously established renewal fees. Any funeral director/embalmer who acts or holds himself or herself out as a funeral director/embalmer after his or her certificate has been lapsed shall be punished as provided in this chapter. Any funeral establishment, funeral establishment branch office or crematory who acts or holds itself out as a funeral establishment after its license has lapsed shall be punished as provided in this chapter.

5-33.2-16.  Funeral director/Embalmer - Internship. - (a) Nothing in this chapter is construed as prohibiting any person from serving as a funeral director/embalmer intern. Before an internship begins the person desiring to become and intern shall register with the division on any forms that it prescribes. No person under the age of eighteen (18) years is permitted to register as an intern. The division may make any rules and regulations that it deems advisable for the supervision of interns. All persons registering as an intern pay a fee of twenty dollars ($20.00) twenty-five dollars ($25.00) at the time of the registration. That intern is not permitted to advertise or hold himself or herself out to the public as a registered funeral director/embalmer. The term of internship is not less than one year; provided, that if an intern after having served his or her internship fails to pass the examination for a funeral director/embalmer's license or fails to embalm fifty (50) human remains during their internship, he or she may continue their internship; provided, further, that the total term of internship must be completed within five (5) years from the date of original registration.

(b) The intern must have assisted in embalming at least fifty (50) bodies if the period for registered internship is to be satisfied in one year; provided, that if the internship is for more than one year, the applicant must embalm at least twenty five (25) bodies for each year of their internship. Each licensed funeral establishment embalming up to one hundred fifty (150) human remains per year is allowed to register one intern at one time. Each establishment embalming more than one hundred fifty (150) but less than three hundred (300) human remains per year is allowed to register two (2) interns at one time. Each establishment embalming three hundred (300) or more human remains per year is allowed to register three (3) interns at one time.

SECTION 9. Sections 5-34-12, 5-34-16, 5-34-19, and 5-34-37 of the General Laws in Chapter 5-34 entitled "Nurses" are hereby amended to read as follows:

5-34-12. Application fee for professional nurses. - The applicant for a license to practice nursing as a professional nurse pays a fee of seventy-five dollars ($75.00) ninety-three dollars and seventy five cents ($93.75).

5-34-16.  Application fee for practical nurse licensure. - The applicant for licensure to practice as a licensed practical nurse pays a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).

5-34-19.  Expiration and renewal of licenses. - (a) The license of every person licensed under this chapter expires on the first day of March of every other year following the date of license. This will be determined on an odd-even basis. On or before the first day of January of every year, the administrator of professional regulation mails an application for renewal of license to people scheduled to be licensed that year on an odd-even basis with respect to the license number. Every person who wishes to renew his or her license files with the administrator of professional regulation a renewal application duly executed together with the renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).

(b) Upon receipt of an application accompanied by payment of fees, the administrator of professional regulation grants a renewal license effective March second and expiring two (2) years later on March first, and that renewal license renders the holder a legal practitioner of nursing for the period stated on the certificate of renewal.

(c) Any person practicing nursing during the time his or her license has lapsed is considered an illegal practitioner and is subject to the penalties provided for violation of this chapter.

5-34-37.  Application fee for certified registered nurse practitioners. - The initial application fee for licensure as a certified registered nurse practitioner is seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75). The renewal fee for a certified registered nurse practitioner is seventy dollars ($70.00) biennially, fifty dollars ($50.00) eighty-seven dollars and fifty cents ($87.50) biennially, sixty-two dollars and fifty cents ($62.50) for registered nurse fee plus twenty dollars ($20.00) twenty-five dollars ($25.00) for the certified registered nurse practitioner. The fee for application for prescriptive privileges is twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25).

SECTION 10. Sections 5-34.2-4 of the General Laws in Chapter 5-34.2 entitled "Nurse Anesthetists" are hereby amended to read as follows:

5-34.2-4.  Duties of board. - (a) (1) Applications. Applicants for licensure submit appropriate certification credentials, as described in § 5-34.2-3, plus an application fee (not refundable) made payable to the general treasurer, state of Rhode Island, for seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75).

(b) Renewal. Licensure as a nurse anesthetist is renewed during the same period as the professional registered nurses license to practice in Rhode Island. Renewal fee for a nurse anesthetists license is fifty dollars ($50.00) ninety-three dollars and seventy-five cents ($93.75), thirty dollars ($30.00) sixty-two dollars and fifty cents ($62.50) of this is for the professional registered nurses license and twenty dollars ($20.00) twenty-five dollars ($25.00) of this is for the nurse anesthetists license.

(c) Revocations, suspension or refusal to renew licensure. The board may revoke, suspend or refuse to renew the licensure of any nurse anesthetist, if the board finds that the person fails to meet the requirements for practice as a nurse anesthetist specified in either this chapter or board regulation.

(d) Announcement of practice. No person may practice or advertise as a nurse anesthetist or use other words, letters, signs, figures or devices to indicate that the person is a certified registered nurse anesthetist, CRNA, until the person has first been licensed by the board.

SECTION 11. Sections 5-35-9, 5-35-11, 5-35-13, 5-35-15, and 5-35-25 of the General Laws in Chapter 5-35 entitled "Optometrists" are hereby amended to read as follows:

5-35-9.  Fee for examination and license. - Every applicant pays to the division of professional regulation a fee of forty dollars ($40.00) fifty dollars ($50.00) which accompanies his or her application for examination including a certificate of license.

5-35-11.  Conduct of examinations in optometry. - The division of professional regulation holds at least two (2) examinations each year. In case of failure in any one subject of the examination, the applicant, after the expiration of six (6) months and within two (2) years, may take an examination in that subject upon payment to the division of an additional fee of five dollars ($5.00) fifty dollars ($50.00) for each examination. The results of the examination are to be made known to the applicant within sixty (60) days of the date of those examinations.

5-35-13.  Registration of optometrists from other states. - Any person who presents evidence to the division of professional regulation that he or she is entitled to practice optometry in another state where requirements for registration are, in the opinion of the division, equivalent to those of this state, may be registered and given a certificate of license in this state without examination upon payment to the division of a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50); provided, that the other state accords a similar privilege to holders of certificates of license issued in this state and the applicant has not previously failed to pass the examinations required in this state.

5-35-15.  Renewal of license to practice optometry. - Every licensed optometrist who desires to continue the practice of optometry presents satisfactory evidence to the board of examiners for optometry and approved by rule or regulation by the board of examiners for optometry that the practitioner has completed a prescribed course of continuing optometric education or related health fields; and annually, in the month of January, pays to the division of professional regulation a renewal fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) for which he or she receives a renewal of his or her certificate of license for one year. In case of neglect or refusal to pay, the division revokes or suspends that certificate; provided, that no certificate of license is suspended or revoked without first giving sixty-days' notice in each case of neglect or refusal, and within that period, any optometrist has the right to receive a renewal of that certificate on payment of the renewal fee, together with an added penalty of five dollars ($5.00) fifty dollars ($50.00). Retirement from practice in this state for a period not exceeding five (5) years does not deprive the holder of a certificate of license of the right to renew a certificate upon the payment of all annual renewal fees remaining unpaid, and a further fee of fifty dollars ($50.00) as an added penalty. Any person holding a certificate issued by the director of public health prior to May 2, 1936, authorizing that person to practice optometry in this state, is entitled, upon application to the division of professional regulation and the payment of the renewal fee previously prescribed, to receive a certificate of license authorizing him or her to practice optometry in this state.

5-35-25.  Opticians' biennial license fee. - Every registered optician, biennially, at any time that is prescribed by the division of professional regulation, pays to the division a license fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) in default of which the division may revoke an individual's certificate and his or her authority to conduct the business of an optician.

SECTION 12. Section 5-37-2 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" is hereby amended to read as follows:

5-37-2.  License to practice - Qualifications of applicants - Fee - Reexamination. - (a) (1) Authority to practice allopathic or osteopathic medicine under this chapter is by a license issued by the director of health to any reputable physician who intends to practice allopathic or osteopathic medicine in this state, and who meets the requirements for licensure established in this chapter and regulations established by the board or by the director. Applicants for licensure shall present satisfactory evidence of graduation from a medical school or school of osteopathic medicine approved by the board and in good standing, shall meet post graduate training requirements and any other requirements that the board or director by regulation establishes, and shall pass in a satisfactory manner any examination that the board may require. Any physician applying for licensure pays an application fee of three hundred fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50) and that fee shall in no case be returned. Applicants requiring reexamination shall submit a fee of three hundred fifty dollars ($350) ) four hundred thirty-seven dollars and fifty cents ($437.50) for each reexamination.

(2) A license to practice allopathic medicine is issued to persons who have graduated from a school of medicine, possess a degree of doctor of medicine (or meet the requirements of subsection (b)), and meet the requirements for licensure.

(3) A license to practice osteopathic medicine is issued to persons who have graduated from a school of osteopathic medicine and possess a degree of doctor of osteopathy and otherwise meet the requirements for licensure. A license to practice osteopathic medicine confers upon the holder the right to practice osteopathic medicine in all its branches as taught and practiced in accredited colleges of osteopathic medicine. The holder of that license is subject to the same duties and liabilities and entitled to the same rights and privileges which may be imposed by law or governmental regulation upon physicians of any school of medicine.

(b)(1) Qualification of Certain Other Applicants for License. Notwithstanding any other provisions of this section an individual, who at the time of his or her enrollment in a medical school outside the United States is a citizen of the United States, is eligible to apply for a certificate pursuant to this section if he or she has satisfied the following requirements: (i) has studied medicine in a medical school located outside the United States which is recognized by the World Health Organization; (ii) has completed all of the formal requirements of the foreign medical school except internship and/or social service; (iii) has attained a score satisfactory to a medical school approved by the liaison committee on medical education on a qualifying examination acceptable to the state board for medicine, and has satisfactorily completed one academic year of supervised clinical training under the direction of any United States medical school; (iv) has completed the post-graduate hospital training required by the board of applicants for licensure; and (v) has passed the examination required by the board of all applicants for licensure.

(2) Satisfaction of the requirements of subdivision (b)(1) is in lieu of the completion of any foreign internship and/or social service requirements, and no such requirements is a condition of licensure as a physician in this state.

(3) Satisfaction of the requirements of subdivision (b)(1) is in lieu of certification by the educational council for foreign medical graduates, and this certification is not a condition of licensure as a physician in this state.

(4) No hospital licensed by this state, or operated by the state or a political subdivision of the state, or which receives state financial assistance, directly or indirectly, requires an individual, who at the time of his or her enrollment in a medical school outside the United States is a citizen of the United States, to satisfy any requirements other than those contained in subdivisions (b)(1)(i), (b)(1)(ii), and (b)(1)(iii) prior to commencing an internship or residency.

(5) A document granted by a medical school located outside the United States which is recognized by the World Health Organization issued after the completion of all the formal requirements of that foreign medical school except internship and/or social service, upon certification by the medical school in which this training was received of satisfactory completion by the person to whom this document was issued of the requirements in subdivision (b)(1)(iii), is deemed the equivalent of a degree of doctor of medicine for purposes of licensure and practice as a physician in this state.

(6) No funds appropriated by the general assembly to any school or college of medicine shall be disbursed until the director of health has certified that this school or college has established, and will maintain until December 31, 1989, a clinical training program as contemplated by subdivision (b)(1)(iii), to accommodate residents of this state deemed qualified by that school or college of medicine consistent with that school's or college's educational resources.

SECTION 13. Sections 5-37.2-10 and 5-37.2-14 of the General Laws in Chapter 5-37.2 entitled "The Healing Art of Acupuncture" are hereby amended to read as follows:

5-37.2-10.  Application for licenses - Fees. - An applicant for examination for a license to practice acupuncture or any branch of acupuncture, shall:

(1) Submit an application to the department on forms provided by the department;

(2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and meets the appropriate education requirements;

(3) Pay a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00); 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.

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 to practice acupuncture or to serve as an acupuncture assistant in this state shall record his or her 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 subsection (e). If the holder of a license fails to pay the registration fee his or her license is suspended. The license may be reinstated by payment of the required fee within ninety (90) days after February 1.

(d) A license which 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) The annual registration fees shall be prescribed by the department and shall not exceed the following amounts:

(1) Doctor of acupuncture $500 six hundred twenty-five dollars ($625.00).

(2) Licensed acupuncture assistant $250 three hundred twelve dollars and fifty cents ($312.50).

SECTION 14. Section 5-39.1-9 of the General Laws in Chapter 5-39.1 entitled "License Procedure for Social Workers" is hereby amended to read as follows:

5-39.1-9.  Fees and renewal. - The initial fee for application for licensure is one hundred dollars ($100) one hundred twenty-five dollars ($125.00). Licenses are renewed every twenty-four (24) months after initial licensure upon payment of a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) and in compliance with any additional requirements that the board promulgates.

SECTION 15. Sections 5-40-8 and 5-40-10 of the General Laws in Chapter 5-40 entitled "Physical Therapists" are hereby amended to read as follows:

5-40-8.  Application fee for physical therapists. - When an application is submitted to the division of professional regulation for a license to practice physical therapy in Rhode Island pursuant to this chapter, either by endorsement or by examination, the applicant pays a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) to the state department of health.

5-40-10.  Expiration and renewal of licenses. - (a) The certificate of every person licensed under the provisions of this chapter expires on the first day of May of the next even year following the date of original licensure. On or before the first day of March of each year, the administrator of the division of professional regulation mails an application for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every person licensed who desires to renew his or her license files with the division of professional regulation a renewal application executed together with a renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for physical therapists and forty dollars ($40.00) fifty dollars ($50.00) for physical therapist assistants on or before the thirty-first day of March of each even year.

(b) Upon receipt of the renewal application, and payment of the renewal fee, the accuracy of the application is verified and the administrator of professional regulation shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even year.

(c) Any person who allows his or her license to lapse by failing to renew it on or before the thirty-first day of March of the next even year, as provided in this section, may be reinstated by the administrator of professional regulation on payment of the current renewal fee plus an additional fee of twenty-five dollars ($25.00).

(d) Any person using the title "physical therapist" or "physical therapist assistant" during the time that his or her license has lapsed is subject to the penalties provided for violations in this chapter.

SECTION 16. Sections 5-40.1-12 and 5-40.1-13 of the General Laws in Chapter 5-40 entitled "Occupational Therapy" are hereby amended to read as follows:

5-40.1-12.  Renewal of licenses - Inactive status. - (1) Upon the recommendation of the board, the director issues to applicants who have satisfactorily met the licensure requirements of this chapter, a license to practice occupational therapy in this state. The license, unless sooner suspended or revoked, expires on the thirty-first (31st) day of March, of each even year (biennially).

(2) On or before the first (1st) day of March of each even year, the administrator of the division mails an application for renewal of license to every individual to whom a license has been issued or renewed during the current licensure period.

(3) Every licensed individual who desires to renew his or her license files with the division a renewal application executed together with the evidence of continuing education requirements as delineated in subdivision (3) and the renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) made payable by check to the general treasurer, state of Rhode Island, on or before the thirty-first (31st) day of March of each even year.

(4) On application for renewal of license, occupational therapists and occupational therapy assistants must show proof of participation in twenty (20) hours biennially in presentations, clinical instruction, publications, research, inservice programs, American Occupational Therapy Association-recognized conferences, university course, and/or self-study courses.

(5) Upon receipt of a renewal application and payment of fee, the director, upon the recommendation of the board, grants a renewal license effective the thirty-first (31st) day of March for a period of two (2) years, unless sooner suspended or revoked.

(6) Any individual who allows his or her license to lapse by failing to renew it on or before the thirty-first (31st) day of March of the next even year as provided in subdivisions (1), (2) and (3), may be reinstated by the director upon receiving a receipt from the division for payment of the current renewal fee plus an additional twenty-five dollars ($25.00) made payable by check to the general treasurer, state of Rhode Island.

(7) An individual using the title "occupational therapist" or "occupational therapy assistant" during the time his or her license has lapsed is subject to the penalties provided for violation of those regulations and this chapter.

(b) An individual licensed as an occupational therapist or occupational therapy assistant in this state who does not intend to engage in the practice of occupational therapy within this state during any year, may upon request to the division, have his or her name transferred to an inactive status and is not required to register biennially or pay any fee as long as he or she remains inactive. Any individual whose name has been transferred to an inactive status pursuant to this section, may be restored to active status to practice occupational therapy without a penalty fee, upon the filing of an application for licensure renewal, the licensure renewal fee of twenty dollars ($20.00) sixty-two dollars and fifty cents ($62.50) made payable by check to the general treasurer, state of Rhode Island, and any other information that may be requested by the division.

5-40.1-13.  Fees. - When an application is submitted to the division of professional regulation for a license to practice occupational therapy in Rhode Island, the applicant pays a non-refundable fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) to the general treasurer. A biennial renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) is submitted with a renewal application on or before the first (1st) day of March of each even year pursuant to the requirements of § 5-40.1-12(1), and any person who allows his or her license to lapse by failing to renew it in the manner prescribed pays an additional fee of twenty-five dollars ($25.00) as referred to in § 5-40.1-12(1).

SECTION 17. Sections 5-44-12, 5-44-13 and 5-44-15 of the General Laws in Chapter 5-44 entitled "Psychologists" are hereby amended to read as follows:

5-44-12.  Application fee. - The applicant applying for certification as a psychologist pays a fee of one hundred and fifty dollars ($150) one hundred eighty-seven dollars and fifty cents ($187.50) to the state department of health.