Chapter 467

2004 -- H 7666 AS AMENDED

Enacted 07/07/04

 

 

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS

     

     

     Introduced By: Representatives Handy, E Coderre, R Anderson, Anguilla, and Ajello

     Date Introduced: February 10, 2004

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 5-25-14 of the General Laws in Chapter 5-25 entitled "Veterinary

Practice" is hereby amended to read as follows:

     5-25-14. Grounds for refusal to issue, refusal to renew, revoke, or suspend a license.

-- The division has the power to deny, revoke or suspend any license issued under this chapter or

otherwise discipline a licensee upon proof of the following:

      (1) Conviction of a crime involving moral turpitude; conviction of a felony; and

conviction of a crime arising out of the practice of veterinary medicine;

      (2) Addiction to narcotics, habitual drunkenness, or rendering professional services to a

patient while the veterinarian is intoxicated or incapacitated by the use of drugs;

      (3) Rendering services while ill with disease in the communicable stage; Knowingly

placing the health of a client at serious risk without maintaining proper precautions;

      (4) Fraud or misrepresentation in any phase of procuring or renewing a license;

      (5) Unprofessional conduct which includes the matters set forth in the section or other

matters as further defined in regulations of the division;

      (6) Advertising designed to mislead the public;

      (7) Representing certain procedures be performed with greater authority or expertise;

      (8) Fraud or misrepresentation of treatment procedures or statements regarding the

ability to treat;

      (9) Fee splitting or kickbacks of any kind, except where services are provided jointly;

      (10) Failure to maintain acceptable sanitation standards;

      (11) Malpractice, gross negligence, or wanton disregard of accepted professional

standards;

      (12) Adjudication of mental incompetence;

      (13) Lack of fitness to practice by reason of mental or physical impairment or otherwise;

or

      (14) Any other grounds to deny, revoke or suspend a license as provided for in the rules

and regulations.

     SECTION 2. Section 5-35-19 of the General Laws in Chapter 5-35 entitled

"Optometrists" is hereby amended to read as follows:

     5-35-19. Refusal, suspension or revocation of certificate for gross unprofessional

conduct. -- (a) In addition to any and all other remedies provided in this chapter, the

administrator of the division of professional regulation and the director of health may, after notice

and hearing, as provided in this section, in its discretion, refuse to grant, refuse to renew, suspend,

or revoke any certificate of registration provided for in this chapter to any person who is not of

good moral character, or who is guilty of gross unprofessional conduct or conduct of a character

likely to deceive or defraud the public, or for any fraud or deception committed in obtaining a

certificate. Gross unprofessional conduct is defined as including, but not being limited to:

      (1) Conviction of felony or any crime or misdemeanor involving moral turpitude as

evidenced by a certified copy of the record of the court convicting;

      (2) Continued practice by a person knowingly having a contagious or infectious disease;

Knowingly placing the health of a client at serious risk without maintaining proper precautions;

      (3) Advertising by means of false or deceptive statements;

      (4) Peddling from door to door;

      (5) Habitual intoxication or addiction to the use of drugs;

      (6) The use of any false or fraudulent statement in any document connected with his or

her practice;

      (7) The obtaining of any fee by fraud or willful misrepresentation of any kind either to a

patient or insurance plan;

      (8) Willfully betraying professional secrets;

      (9) Knowingly performing any act which in any way aids or assists an unlicensed person

to practice in violation of this chapter;

      (10) Violating or attempting to violate, directly or indirectly, or assisting in, or abetting,

the violation of, or conspiring to violate, any of the provisions of this chapter or regulations

previously or hereafter issued pursuant to this chapter;

      (11) Gross incompetence;

      (12) Repeated acts of immorality or repeated acts of gross misconduct; or

      (13) An optometrist providing services to a person who is making a claim as a result of a

personal injury, who charges or collects from the person any amount in excess of the

reimbursement to the optometrist by the insurer as a condition of providing or continuing to

provide services or treatment.

      (b) All proceedings under this section may be instituted by the administrator of the

division, the director of health, or the board of examiners for optometry from matters within his,

her or its own knowledge, or may be taken upon the information of another. All accusations must

be in writing, verified by some party familiar with the facts charged, and three (3) copies must be

filed with the administrator of the division of professional regulation or the director of health.

Upon receiving the accusation, the administrator of the division of professional regulation or the

director of health, if he or she deems the accusation sufficient, makes an order setting the

accusation for a hearing and requiring the person against whom the accusation is made to appear

and answer it at that hearing, at a specified time and place and causes a copy of the order and of

the accusation or accusations to be served upon the person accused at least thirty (30) days before

the appointed day in the order for that hearing. The hearing is open to the public. The person

accused must appear at the time appointed in the order and answer the charges and make his or

her defense to the charges, unless for sufficient cause the administrator of the division of

professional regulation or the director of health assigns another day for that purpose. If he or she

does not appear, the administrator of the division of professional regulation or the director of

health may proceed and determine the accusation or accusations in his or her absence. If the

person against whom the accusation or accusations are made pleads guilty or refuses to answer

the charges, or, upon the hearing, the administrator of the division of professional regulation or

the director of health finds them or any of them true, they may proceed to a judgment. The

administrator of the division of professional regulation or the director of health and the accused

may have the benefit of counsel.

      (c) When it appears to the administrator of the division, the director of health, or the

board of examiners for optometry from matters within his, her or its own knowledge, or upon

information from another, as provided in this section, that any person is violating any of the

provisions of this chapter the administrator, director of health or board of examiners may, cause

an action to be instituted commenced in the name of the board to enjoin that violation in a court

of competent jurisdiction and that court may, only after a hearing in open court, restrain or enjoin

any person, firm, corporation, or association from violating any of the provisions of this chapter

without regard to whether proceedings have been or may be instituted before the board under the

preceding paragraph or whether criminal proceedings have been or may be instituted. No ex parte

restraining orders are issued in that matter.

      (d) The administrator of the division and the director of health, each, is authorized to

administer oaths, and in all cases or proceedings pending before them, is authorized and

empowered to summon witnesses by subpoena, and to compel those witnesses to attend and

testify in the same manner as witnesses are compelled to appear and testify in any court; and is

authorized to compel the production of all papers, books, documents, records, certificates, or legal

evidence that may be necessary or proper for the determination and decision of any question or

the discharge of any duty required by law of the division, by issuing a subpoena duces tecum. All

subpoenas and orders for the production of books, accounts, papers, records, and documents are

signed and issued by the administrator of the division or the director of health and served as

subpoenas in civil cases in the superior court are now served, and subpoenaed witnesses are

entitled to the same fee for attendance and travel that are now provided for witnesses in civil

cases in the superior court. If the person subpoenaed to attend before the division fails to obey the

command of that subpoena without reasonable cause, or if a person in attendance before the

division, without reasonable cause, refuses to be sworn, or to be examined, or to answer a legal

and pertinent question, or if any person refuses to produce the books, accounts, papers, records,

and documents material to the issue, set forth in an order served on him or her, the administrator

may apply to any justice of the superior court for any county, upon proof by affidavit of the fact,

for a rule or order returnable in not less than two (2) nor more than five (5) days, directing that

person to show cause before the justice who made the order or any other justice, why he or she

should not be judged in contempt. Upon the return of that order, the justice before whom the

matter is brought on for a hearing examines under oath that person and that person is given an

opportunity to be heard and if the justice determines that the person refused without reasonable

cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce

books, accounts, papers, records, and documents, material to the issue, which he or she was

ordered to bring or produce, he or she may immediately commit the offender to jail, there to

remain until he or she submits to do the act which he or she was required to do, or is discharged

according to law. Any person who swears falsely in any proceeding, matter, or hearing before the

division is deemed guilty of the crime of perjury.

     SECTION 3. Section 5-49-12 of the General Laws in Chapter 5-49 entitled "Hearing Aid

Dealers and Fitters" is hereby amended to read as follows:

     5-49-12. Complaints -- Grounds and proceedings for revocation or suspension of

licenses. -- (1) Any person wishing to make a complaint against a licensee under this chapter

shall file this complaint, in writing, with the department, within one year from the date of the

action upon which the complaint is based.

      (2) If the department determines the charges made in the complaint are sufficient to

warrant a hearing to determine whether the license issued under this chapter should be suspended

or revoked, it makes an order fixing a time and place for a hearing and requires the licensee

complained against to appear and defend against the complaint. The order has annexed to it a

copy of the complaint.

      (3) The order and copy of the complaint are served upon the licensee at least twenty (20)

days before the date set for the hearing; either personally or by registered mail sent to the

licensee's last known address.

      (4) Continuances or an adjournment of the hearing is made if for good cause.

      (5) At the hearing, the licensee complained against may be represented by counsel.

      (6) The licensee complained against and the department have the right to take

depositions in advance of the hearing and after service of the complaint, and either may compel

the attendance of witness by subpoenas issued by the department under its seal.

      (7) Either party taking depositions gives at least five (5) days' written notice to the other

party of the time and place of those depositions, and the other party has the right to attend (with

counsel if desired) and cross-examine.

      (8) Appeals from suspension or revocation may be made through the appropriate

administrative procedures act.

      (b) Any person registered under this chapter may have his or her license revoked or

suspended for a fixed period by the department for any of the following causes:

      (1) The conviction of a felony, or a misdemeanor involving moral turpitude. The record

of conviction, or a certified copy, certified by the clerk of the court or by the judge in whose court

the conviction is had, is conclusive evidence of this conviction.

      (2) Procuring a license by fraud or deceit practiced upon the department.

      (3) Unethical conduct, including:

      (i) Obtaining any fee or making any sale by fraud or misrepresentation.

      (ii) Knowingly employing, directly or indirectly, any suspended or unregistered person

to perform any work covered by this chapter.

      (iii) Using, or causing, or promoting the use of, any advertising matter, promotional

literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation,

however disseminated or published, which is misleading, deceptive, or untruthful.

      (iv) Advertising a particular model or type of hearing aid for sale when purchasers or

prospective purchasers responding to the advertisement cannot purchase the advertised model or

type, where it is established that the purpose of the advertisement is to obtain prospects for the

sale of a different model or type than that advertised.

      (v) Representing that the service or advice of a person licensed to practice medicine will

be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing

aids when that is not true.

      (vi) Habitual intemperance.

      (vii) Gross immorality.

      (viii) Permitting another's use of a license.

      (ix) Advertising a manufacturer's product or using a manufacturer's name or trademark

which implies a relationship with the manufacturer that does not exist.

      (x) Directly or indirectly giving or offering to give, or permitting or causing to be given,

money or anything of value to any person who advises another in a professional capacity, as an

inducement to influence him or her, or have him or her influence others, to purchase or contract

to purchase products sold or offered for sale by a hearing aid dealer or fitter, or influencing

persons to refrain from dealing in the products of competitors.

      (xi) Representing, when this is not the case, that the hearing aid is or will be "custom-

made", "made to order", or "prescription-made", or in any other sense specially fabricated for an

individual person.

      (4) Conducting business while suffering from a contagious or infectious disease.

Knowingly placing the health of a client at serious risk without maintaining proper precautions;

      (5) Engaging in the fitting and sale of hearing aids under a false name or alias with

fraudulent intent.

      (6) Selling a hearing aid to a person who has not been given tests utilizing appropriate

established procedures and instrumentation in fitting of hearing aids, except in cases of selling

replacement hearing aids. Selling a hearing aid to a person who has discharge from the ear, loss

of balance and dizzy spells, or a loss of hearing for less than ninety (90) days, unless that person

has received a prescription from a physician.

      (7) Gross incompetence or negligence in fitting and selling hearing aids.

      (8) Violating any provisions of this chapter.

     SECTION 4. Section 23-20.8-3 of the General Laws in Chapter 23-20.8 entitled

"Licensing of Massage Therapy Establishments" is hereby amended to read as follows:

     23-20.8-3. Practice of massage -- Use of titles limited -- Qualifications for licenses --

Fees. -- (a) Only a person licensed under this chapter shall practice massage.

      (b) Only a person licensed under this chapter as a massage therapist may use the title

"massage therapist." Only a person licensed under this chapter may use the title "masseur" or

"masseuse."

      (c) No person, firm, partnership, or corporation shall describe its services under the title

"massage" or "massage therapy" unless these services, as defined in section 23-20.8-1, are

performed by a person licensed to practice massage under this chapter, and, if described as

"massage therapy," by a massage therapist.

      (d) Application for licenses as a masseur or masseuse, or as a massage therapist, shall be

issued by the department of health. Except for persons licensed as massage therapists, the

department shall establish minimum educational and training requirements for the persons to be

licensed under this chapter and shall require every licensee to be examined physically for the

detection of contagious diseases prior to the issuance of this license and twice annually thereafter.

and shall have the authority to take disciplinary action against a licensee for knowingly placing the

health of a client at serious risk without maintaining the proper precautions.

      (e) The fee for original application for licensure as a massage therapist shall be thirty-

one dollars and twenty-five cents ($31.25). The fee for annual license renewal shall be thirty-one

dollars and twenty-five cents ($31.25). Fees for all other licenses under this chapter shall be fixed

in an amount necessary to cover the cost of administering this chapter.

     SECTION 5. This act shall take effect upon passage.

     

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LC01404

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