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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