ARTICLE 39 SUBSTITUTE A AS AMENDED

RELATING TO DEPARTMENT OF HEALTH FEES

SECTION 1. Sections 5-10-10, 5-10-11, 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 shall be made upon any forms that are prescribed by the division and are accompanied by an examination fee of thirty-one dollars and twenty-five cents ($31.25) established in regulation. The license of every person licensed under §§ 5-10-8 and 5-10-9 shall expire 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 or 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-seven dollars and fifty cents ($37.50) fifty dollars ($50.00). Applications, accompanied by the fee for renewal, shall be 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 shall grant 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) of this section may be reinstated by the division upon payment of the current renewal fee of thirty-seven dollars and fifty cents ($37.50) fifty dollars ($50.00) plus an additional fee of eighteen dollars and seventy-five cents ($18.75) thirty dollars ($30.00) for each year the license has lapsed to a maximum of one hundred fifty dollars ($150) two hundred dollars ($200.00).

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

5-10-11.  Persons licensed in other states. – (a) Any person licensed to practice barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics in another state where the requirements are the equivalent of those of this state is entitled to a license as a barber, hairdresser, and cosmetician and/or manicurist or esthetician operator upon the acceptance of his or her credentials by the division; provided, that the state in which that person is licensed extends a similar privilege to licensed barbers, hairdressers, and cosmetic therapists and/or manicurists or esthetics of this state. If a person applies for a hairdressing license who was licensed in another state where the requirements are not equivalent to those of this state, the division shall give to that person one hundred (100) hours instructional credit for three (3) months that the person was licensed and in actual practice, up to a limit of five hundred (500) hours, in order for that person to meet the requirements for a hairdressing license in this state as established under the provisions of §§ 5-10-8 and 5-10-9.

(b) If a person applies for a manicurist or esthetician license and is currently licensed in another state, that person may be granted a license if he or she passes the written and practical examinations conducted by the division.

(c) The fee for the examination is twenty-five dollars ($25.00) forty dollars ($ 40.00); provided, that the provisions of this chapter shall not be construed as preventing persons who have been licensed by examination under the laws of other states of the United States or territories and the District of Columbia from practicing barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics in this state for a period of three (3) months; provided, that they apply for and are licensed in this state within three (3) months from the commencement of their employment. Nor shall it be construed as prohibiting persons who have been licensed under the laws of another country or territory from practicing barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics in this state; provided, that practice is in conformity with the rules and regulations of the division; and provided, that in no case shall that practice cover a period of more than three (3) months from the commencement of that employment.

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 shall not be used in the sense of a license to practice barbering, manicuring, esthetics or hairdressing and cosmetic therapy. The fee for the permit is fifty dollars ($50.00) seventy dollars ($70.00).

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, partnership, 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 shall be granted for it and a license issued.

(1) No licenses shall be 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.

(2) No license shall be 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.

(3) The supervising manager shall be registered with the division as the manager of a licensed shop and shall only be 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 shall expire 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 shall terminate on the first day of July following the date of issue. The fee for the license is ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00) and for each renewal of the license the fee is ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00).

SECTION 2. 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 department written evidence on forms furnished by the department verified by oath that the applicant meets all of the following requirements:

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

  (2) Pays an application fee of twenty-five dollars ($25.00) forty dollars ($40.00) at the time of submitting the application, which, in no case is returned to the applicant;

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

(4) Complies with any other qualifications that the department prescribes by regulation; and

(5) Comply with the continuing education requirements adopted by the department.

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 fifty dollars ($250) three hundred and thirty dollars ($330.00) 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 department 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 department a renewal application duly executed together with a renewal fee of two hundred fifty dollars ($250) three hundred and thirty dollars ($330.00) on or before the thirty-first day of March of each even numbered year.

(b) Upon receipt of an application, and payment of the renewal fee, the department 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 numbered year, as provided in subsection (a), may be reinstated by the department on payment of the current renewal fee plus an additional fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) .

(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.

(e) Every veterinarian licensed to practice veterinary medicine within the state shall, in connection with renewal of licensure, provide satisfactory evidence to the department that in the preceding two-year period the veterinarian has completed a prescribed course of continuing professional education established by an appropriate professional veterinary medicine association and approved by rule or regulation of the department. The department may extend for only one six (6) month period, these education requirements if the department is satisfied that the applicant has suffered hardship which prevented meeting the educational requirement.

SECTION 3. 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 three hundred twelve dollars and fifty cents ($312.50) four hundred and ten dollars ($410.00) 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 two hundred dollars ($200) two hundred and sixty dollars ($260.00) nor be more than three hundred seventy-five dollars ($375) four hundred and ninety dollars ($490.00).

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 fifty dollars ($50.00), seventy dollars ($70.00), be registered by the division as a hospital officer for any time that the division prescribes. The 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, that each hospital, institution, or clinic shall annually submit to the division of professional regulation 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 four hundred thirty-seven dollars and fifty cents ($437.50) five hundred and seventy dollars ($570.00). The application fee for biennial renewal, as promulgated by the director, shall be not less than two hundred fifteen dollars ($215) two hundred and eighty dollars ($280.00) nor more than three hundred seventy-five dollars ($375) four hundred dollars ($400.00).

SECTION 4. Sections 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:

5-30-7. Certification of chiropractic physicians 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 chiropractic physician authorized to practice chiropractic medicine 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 chiropractic physicians of Rhode Island. The chiropractic physician 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 shall pay a fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for a certificate of exemption from that examination, and upon receipt of that fee, the division shall recommend him or her to the director of the department of health to receive a certificate of qualification to practice chiropractic medicine.

5-30-8. Certification to practice physiotherapy. – (a) Every person desiring to practice physiotherapy in addition to chiropractic medicine and who completed a course of four (4) years, of eight (8) months each, in some school of chiropractic medicine 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 medicine 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 medicine.

(b) Every applicant for that examination shall pay a fee of forty-three dollars and seventy-five cents ($43.75) sixty dollars ($60.00) 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 medicine, but one fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) is charged. Every candidate who passes that examination shall be recommended by the division of professional regulation of the department of health to the director of the department 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 medicine shall register his or her name, address, and place of business with the division of professional regulation of the department of health. The division shall keep a book for that purpose, and each person registering shall pay a fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00) and shall receive 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 shall be deposited as general revenues.

SECTION 5. 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. – (a) Authority to practice dentistry or dental hygiene under this chapter is by a license, issued by the director of the department 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.

(b) Applicants for licensure as dentists shall:

(1) 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;

(2) Meet any other requirements that the board or director by regulation establishes; and

(3) Pass in a satisfactory manner any examinations that the board requires.

(c) Applicants for licensure as dental hygienists shall:

(1) 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;

(2) Meet any other requirements that the board or director by regulation establishes; and

(3) Pass in a satisfactory manner any examination that the board requires.

(d) Any dentist applying for licensure shall pay an application fee of four hundred thirty-seven dollars and fifty cents ($437.50) five hundred and seventy dollars ($570.00) and any dental hygienist applying for licensure shall pay an application fee of ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00). Application fees shall in no case be returned. Applicants requiring reexamination for dentistry shall submit a fee of four hundred thirty-seven dollars and fifty cents ($437.50) five hundred and seventy dollars ($570.00) for each reexamination. Applicants requiring reexamination for dental hygiene shall submit a fee of ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00) for each reexamination.

5-31.1-21. Biennial registration. – (a) Effective beginning in the calendar year 2006, on or before the first day of May in each even-numbered year the board shall mail an application for biennial 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 two (2) years shall register 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 June in each even-numbered year. Upon receipt of that application and fee, the board shall issue a registration certificate effective July 1 and expiring two (2) years following June 30, and that registration certificate shall render 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 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 sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) 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 a biennial 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 one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00) for dentists and sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) 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 thirty-one dollars and twenty-five cents ($31.25) fifty dollars ($50.00), 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 or 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. Each hospital, institution, or clinic shall annually submit to the board 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 – Fees. – (a) 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.

(b) 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. The registration shall automatically expire when the holder's relationship with the medical school, dental school, or school of dental hygiene is terminated.

(c) The application fee for the registration authorized under this section is four hundred thirty-seven dollars and fifty cents ($437.50) five hundred and seventy dollars ($570.00). The application fee for initial annual renewal is one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00). Subsequently, fees are as promulgated by the director.

SECTION 6. Sections 5-33.2-12, 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:

5-33.2-12. Funeral establishment and branch offices licenses. – (a) No person, association, partnership, corporation, limited liability company or otherwise, shall conduct, maintain, manage, or operate a funeral establishment or branch office unless a license for each funeral establishment and branch office has been issued by the department and is conspicuously displayed. In the case of funeral services conducted under the license of a funeral establishment held in any private residence, public building or church, no separate establishment license shall be required. A licensed funeral establishment must be distinct and separate from other non- funeral service related activity for which it is licensed. No license to operate a funeral establishment shall be issued by the department unless the applicant for the funeral establishment license has registered with the department a licensed funeral director/embalmer who shall be in charge as the funeral director of record. The branch office of a funeral establishment must have a separate branch office establishment license but not a separate funeral director of record. One branch office shall be allowed to operate under the funeral establishment license, and this one branch office may be permitted to operate without a preparation room. Applications for the funeral establishment license and branch office shall be made on forms furnished by the division accompanied by the application fee of fifty dollars ($50.00) seventy dollars ($70.00) for the funeral establishment and fifty dollars ($50.00) seventy dollars ($70.00) for each branch office. Upon receipt of a completed application and the recommendation of the board, the division shall issue a license. All funeral establishment and branch office licenses shall expire on the thirty-first day of December of each year, unless sooner suspended or revoked. A license shall be issued to a specific licensee for a specific location and is not transferable. The funeral establishment licensee shall notify the division, in writing, delivered in person or by certified mail, within ten (10) days from the date of termination of employment, for any cause, of the funeral director/embalmer of record with the division for the funeral establishment. The license of the funeral establishment shall expire forty-five (45) days from the date the division was notified by the licensee, if no new funeral director/embalmer is registered with the division. No funeral services shall be conducted at the funeral establishment without a funeral director/embalmer being registered with the division as the funeral director of record for that funeral establishment. Two (2) licensed funeral directors may operate jointly at one location if one of their existing funeral establishments closes its place of business and joins an existing licensed funeral establishment. Each firm will hold its own separate establishment license. One cannot operate a branch office by invoking this section. Human dead remains shall not be held more than forty-eight (48) hours without embalming or without refrigeration for the purpose of maintaining public health. A funeral establishment must at the minimum contain a preparation room equipped with tile, cement, or composition floor, necessary drainage and ventilation, and containing necessary instruments and supplies for the preparation and embalming of dead human remains for burial, transportation, or other disposition.

(b) Any person who inherits any ownership interest to a funeral establishment may continue to conduct the business of that establishment as their ownership interest would allow upon the following:

(1) Filing with the division a statement of change of fact concerning that inheritance.

(2) Conducting the business of the establishment in compliance with all the requirements of this chapter.

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 shall be made on forms furnished by the division accompanied by the application fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00). Upon receipt of a completed application, the department shall issue a license. A license shall be 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 ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00) for the renewal of a funeral director/embalmer's license, sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for each funeral establishment branch office license and sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for the crematory license. On or before the fifteenth day of November in each year, the division shall mail 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, shall be 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 fifty dollars ($50.00) seventy dollars ($70.00) 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 shall be construed as prohibiting any person from serving as a funeral director/embalmer intern. Before an internship begins the person desiring to become an intern shall register with the division on any forms that it prescribes. No person under the age of eighteen (18) years shall be 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 shall pay a fee of twenty-five dollars ($25.00) forty dollars ($40.00) 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 shall be 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. 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. 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 shall be 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 shall be allowed to register two (2) interns at one time. Each establishment embalming three hundred (300) or more human remains per year shall be allowed to register three (3) interns at one time.

SECTION 7. Sections 5-34-12, 5-34-16, 5-34-19, 5-34-37, and 5-34-40.3 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 as a professional nurse shall pay a fee of ninety-three dollars and seventy five cents ($93.75) one hundred and thirty dollars ($130.00) .

5-34-16.  Application fee for practical nurse licensure. – The applicant for licensure to practice as a licensed practical nurse shall pay a fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00).

5-34-19.  Expiration and renewal of licenses. – (a) The license of every person licensed under this chapter shall expire on the first day of March of every other year following the date of license. On or before the first day of January of every year, the director shall mail an application for renewal of license to people scheduled to be licensed that year. Every person who wishes to renew his or her license shall file with the department a duly executed renewal application together with the renewal fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00).

(b) Upon receipt of an application accompanied by payment of fees, the department shall grant a renewal license effective March second and expiring two (2) years later on March first, and that renewal license shall render the holder a legal practitioner of nursing for the period stated on the certificate of renewal. Every person seeking renewal of a license pursuant to this section shall provide satisfactory evidence to the department that in the preceding two (2) years the practitioner has completed the ten (10) required continuing education hours as established by the department through rules and regulations. The department may extend for only one six (6) month period these educational requirements if the department is satisfied that the applicant has suffered hardship, which prevented meeting the educational requirement.

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

(d) A licensee whose license has expired by failure to renew may apply for reinstatement according to the rules established by the board. Upon satisfaction of the requirements for reinstatement, the board shall issue a renewal of license.

5-34-37. Application fee for certified registered nurse practitioners. – The initial application fee for licensure as a certified registered nurse practitioner shall be ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00) . The renewal fee for a certified registered nurse practitioner shall be eighty-seven dollars and fifty cents ($87.50) one hundred and thirty dollars ($130.00) biennially, sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for registered nurse fee plus twenty-five dollars ($25.00) forty dollars ($40.00) for the certified registered nurse practitioner. The fee for application for prescriptive privileges shall be thirty-one dollars and twenty-five cents ($31.25) fifty dollars ($50.00).

5-34-40.3. Application fee for psychiatric and mental health clinical nurse specialists. – The initial application fee for licensure as a psychiatric and mental health clinical nurse specialist shall be ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00). The renewal fee for a psychiatric and mental health clinical nurse specialist shall be eighty-seven dollars and fifty cents ($87.50) one hundred and thirty dollars ($130.00) biennially; sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for the registered nurse fee plus twenty-five dollars ($25.00) ) forty dollars ($40.00) for the psychiatric and mental health clinical nurse specialist. The fee for application for prescriptive privileges shall be thirty-one dollars and twenty-five cents ($31.25 fifty dollars ($50.00).

SECTION 8. Section 5-34.2-4 of the General Laws in Chapter 5-34.2 entitled “Nurse Anesthetists” is hereby amended to read as follows:

5-34.2-4. Duties of board. – (a) Applications. Applicants for licensure shall 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 ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00).

(b) Renewal. Licensure as a nurse anesthetist shall be renewed during the same period as the professional registered nurses license to practice in Rhode Island. Renewal fee for a nurse anesthetists license shall be ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00), sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00). of this shall be for the professional registered nurses license and twenty-five dollars ($25.00) forty dollars ($40.00) of this shall be 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 9. Sections 5-35-9, 5-35-11, 5-35-13, 5-35-15, and 5-35-25 of 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 shall pay to the division of professional regulation a fee of fifty dollars ($50.00) seventy dollars ($70.00) which shall accompany his or her application for examination including a certificate of license.

5-35-11. Conduct of examinations in optometry. – The division of professional regulation shall hold 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 fifty dollars ($50.00) seventy dollars ($70.00) 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 sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) ; 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 shall present 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, shall pay to the division of professional regulation a renewal fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00) for which he or she shall receive a renewal of his or her certificate of license for one year. In case of neglect or refusal to pay, the division shall revoke or suspend that certificate; provided, that no certificate of license shall be suspended or revoked without first giving sixty (60) 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 fifty dollars ($50.00) seventy ($70.00) . Retirement from practice in this state for a period not exceeding five (5) years shall 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) seventy ($70.00) 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, shall be entitled, upon application to the division of professional regulation and the payment of the previously prescribed renewal fee, 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 shall, biennially, at any time that is prescribed by the division of professional regulation, pay to the division a license fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) 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 10. Sections 5-37-2, 5-37-10, 5-37-16 and 5-37-16.1 of the General Laws in Chapter 5-37 entitled “Board of Medical Licensure and Discipline” are hereby amended to read as follows:

5-37-2. License to practice – Qualifications of applicants – Fee – Reexamination. – (a) Authority to practice allopathic or osteopathic medicine under this chapter shall be by a license issued by the director of the department 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 establishes by regulation, and shall pass in a satisfactory manner any examination that the board may require. Any physician applying for licensure shall pay an application fee of four hundred thirty-seven dollars and fifty cents ($437.50) five hundred and seventy dollars ($570.00) and that fee shall in no case be returned. Applicants requiring reexamination shall submit a fee of four hundred thirty-seven dollars and fifty cents ($437.50) five hundred and seventy dollars ($570.00) for each reexamination.

(2) A license to practice allopathic medicine shall be 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) of this section), and meet the requirements for licensure.

(3) A license to practice osteopathic medicine shall be 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 shall confer 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 shall be 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) 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, shall be 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 (1) of this subsection is in lieu of the completion of any foreign internship and/or social service requirements, and no such requirements are a condition of licensure as a physician in this state.

(3) Satisfaction of the requirements of subdivision (1) of this subsection 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 paragraphs (1)(i),(ii), and (iii) of this subsection 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 paragraph (1)(iii) of this subsection, shall be 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 the department 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 paragraph (1)(iii) of this subsection, 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.

 5-37-10. Annual registration – Physicians – Hospitals. – (a) Effective beginning in calendar year 2004, on or before the first day of March in each year, the board shall mail an application for biannual registration to every person to whom a license to practice medicine in this state has been granted by the licensing authority in the state. Every licensed person who intends to engage in the practice of his or her profession during the ensuing two (2) year period shall register his or her license by submitting to the board, on or before June 1, the application, executed together with the registration form, and fee as established by regulation by the director of the department of health. Upon receipt of the application and fee the board shall issue a registration certificate effective July 1 and expiring two (2) years following on June 30. The registration certificate renders the holder a registered practitioner of medicine for that registration period. Effective beginning in calendar year 2004, any references in this chapter to annual registration or annual limited registration shall be interpreted to mean biannual registration and biannual limited registration, respectively.

(b) The registration certificate of all physicians whose renewals accompanied by the prescribed fee are not completed and filed on or before the first day of July shall automatically lapse. The board may, in its discretion and upon the payment by the physician of the current registration fee plus an additional fee of one hundred and thirty dollars ($100) ($130.00), reinstate any certificate lapsed under the provisions of this section.

(c) Hospitals shall, on or before the first day of December of each year, submit an application and annual fee to the board as a condition of rendering hospital services in the state. The form of application and fee shall be as the director, by regulation, establishes; provided, that the ratio of payment between hospital per bed licensing fees and the combined licensing and board of medical licensure and discipline fees paid by physicians remain the same as the ratio that existed as of January 1, 1987. All fees collected pursuant to this section shall be deposited as general revenues.

5-37-16  Limited registrations. – (a) 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 legally chartered medical school or school of osteopathic medicine having power to grant degrees in allopathic or osteopathic medicine, and that the applicant has been appointed an intern, resident, fellow or medical 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) forty ($40.00), be registered by the board as a hospital medical officer for any time that the board may prescribe. This limited registration shall entitle the applicant to practice medicine in the hospital or other institution designated on his or her certificate of limited registration, or outside this hospital or other institution for the treatment, under the supervision of one of its medical officers who is a licensed physician, 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 the hospital, institution, or clinic; provided, that each hospital, institution, or clinic annually submits to the board 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 board.

(b) The director may promulgate any rules and regulations that he or she deems necessary to carry out the provisions of this chapter.

5-37-16.1  Limited registration – Academic faculty. – Notwithstanding any other provisions of this chapter, a physician of noteworthy and recognized professional attainment who is a clearly outstanding physician and who has been offered by the dean of a medical school in this state a full-time academic appointment, shall be eligible for a limited registration while serving on the academic staff of the medical school. Upon recommendation of the dean of an accredited school of medicine in this state, the board in its discretion, after being satisfied that the applicant is a graduate of a foreign medical school and a person of professional rank whose knowledge and special training will benefit the medical school in this state, may issue to this physician a limited registration to engage in the practice of medicine to the extent that this 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. Except to the extent authorized by this section, the registrant shall not engage in the practice of medicine or receive compensation for his or her limited registration work, unless he or she is issued a license to practice medicine in accordance with the provisions of § 5-37-2. The registration shall be 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 is terminated. The application fee for the initial registration authorized under this section shall be three hundred and fifty dollars ($350) four hundred and sixty dollars ($460.00); the initial application fee for annual renewal shall be one hundred and thirty dollars ($100) ($130.00); thereafter the fees shall be as promulgated by regulation of the director.

SECTION 11. Sections 5-37.2-10 and 5-37.2-14 of General Laws 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 twenty-five dollars ($125) one hundred and seventy dollars ($170); 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) of this section. If the holder of a license fails to pay the registration fee his or her license shall be suspended. The license may be reinstated by payment of the required fee within ninety (90) days after February 1.

 (d) A license which is suspended for more than three (3) months under the provisions of subsection (c) of this section 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: six hundred twenty-five dollars ($625).

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

SECTION 12. 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 twenty-five dollars ($125) one hundred and seventy dollars ($170.00). Licenses shall be renewed every twenty-four (24) months after initial licensure upon payment of a fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00) and in compliance with any additional requirements that the board promulgates.

SECTION 13. Sections 5-40-8, 5-40-8.1, 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 shall pay a fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00) to the state department of health.

5-40-8.1  Application fee for physical therapist assistants. – When an application is submitted to the department for a license to practice physical therapy in Rhode Island pursuant to this chapter, either by endorsement or by examination, the applicant shall pay a fee of ninety-three dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00) to the general treasurer of the state of Rhode Island.

5-40-10  Expiration and renewal of licenses. – (a) The certificate of every person licensed under the provisions of this chapter shall expire 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 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 licensed person who desires to renew his or her license shall file with the division of professional regulation a renewal application executed together with a renewal fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for physical therapists and fifty dollars ($50.00) seventy dollars ($70.00) 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 shall be 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) forty dollars ($40.00).   (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 14. Sections 5-40.1-12 and 5-40.1-13 of the General Laws in Chapter 5-40.1 entitled “Occupational Therapy” are hereby amended to read as follows:

5-40.1-12  Renewal of licenses – Inactive status. – (a) Upon the recommendation of the board, the director shall issue 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, shall expire on the thirty-first (31st) day of March, of each even year (biennially).

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

(2) Every licensed individual who desires to renew his or her license shall file with the division a renewal application executed together with the evidence of continuing education requirements as delineated in subdivision (3) of this subsection and the renewal fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) 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.

(3) 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.

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

(5) 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) of this subsection, 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) forty dollars ($40.00) made payable by check to the general treasurer, state of Rhode Island.

(6) 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 shall not be 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 sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) made payable by check to the general treasurer of the 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 shall pay a non-refundable fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) to the general treasurer. A licensee shall submit a biennial renewal fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) with a renewal application on or before the thirty-first (31st) day of March of each even year pursuant to the requirements of § 5-40.1-12(a)(2), and any person who allows his or her license to lapse by failing to renew it in the prescribed manner shall pay an additional fee of twenty-five dollars ($25.00) forty dollars ($40.00)as referred to in § 5-40.1-12(a)(5).

SECTION 15. 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 shall pay a fee of one hundred eighty-seven dollars and fifty cents ($187.50) two hundred and fifty dollars ($250.00) to the department of health.

5-44-13  Temporary permit. – (a) Pursuant to §§ 5-44-6 and 5-44-23(e) of this chapter and rules and regulations R-5-44-PSY of the department of health, a temporary permit to practice psychology under supervision may be granted to a candidate for licensure who has paid the required fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) and has satisfied the following requirements:

(1) Filed an application for licensure with all required supporting materials;

(2) Met all the requirements for admission to examination, except the requisite number f hours of post-doctoral supervised experience, in a setting and manner satisfactory to the board;

(3) Requested, in writing, the issuance of this temporary permit for the purpose of meeting the supervision requirement;

(4) Refrained from using the title "psychologist" or representing himself or herself as a psychologist other than by using the title "psychology student" or "psychology trainee"; and

(5) Completed the requisite number of hours of post-doctoral experience within three (3) years of the date of the temporary permit.

(b) The temporary permit shall expire upon notice of passing or failing the examination for licensure. If the candidate fails the examination, the permit may be extended under further requirements established by the board.

5-44-15  Expiration and renewal of licenses – Continuing education – Lapsed license. – (a) The license of every person licensed under the provisions of this chapter shall expire on the first day of July next following the date of his or her license.

(b) On or before the first day of May in each year, the administrator shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the current year.

(c) Every licensed person who desires to renew his or her license shall file with the division a renewal application, executed, together with a renewal fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00), on or before the first day of June in each year. Upon receipt of a renewal application and payment of the renewal fee, the accuracy of the application shall be verified and the administrator of professional regulation shall grant a renewal license effective July 1st and expiring the following June 30th.

(d) Every licensed psychologist who desires to continue licensure as a licensed psychologist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed psychologist has completed a prescribed course of continuing licensed psychological education.

(e) Any person who allows his or her license to lapse, by failing to renew it on or before June 1st in each 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) forty dollars ($40.00). Any person using the title "psychologist" or offering services defined as the practice of psychology under this chapter during the time his or her license has lapsed is subject to the penalties provided for violation of this chapter.

SECTION 16. Section 5-45-10 of the General Laws in Chapter 5-45 entitled “Nursing Home Administrators” is hereby amended to read as follows:

5-45-10  Renewal of licenses – Continuing education. – (a) Every holder of a nursing home administrator's license shall renew it every two (2) years by applying to the department on forms provided by that agency.

(b) Each renewal application shall be accompanied by the fee of one hundred fifty dollars ($150) two hundred dollars ($200.00) .

(c) Beginning January 1, 1996, proof of satisfactory completion of a minimum of forty (40) clock hours of continuing education every two (2) years must be submitted with the renewal application.

(d) Renewals shall be granted as a matter of course, unless the agency finds the applicant has acted or failed to act in a manner or under circumstances that would constitute grounds for suspension or revocation of a license.

SECTION 17. Sections 5-48-1 and 5-48-9 of the General Laws in Chapter 5-48 entitled “Speech Pathology and Audiology” are hereby amended to read as follows:

5-48-1  Purpose and legislative intent – Definitions. – (a) It is declared to be a policy of this state that the practice of speech language pathology and audiology is a privilege granted to qualified persons and that, in order to safeguard the public health, safety, and welfare, protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, and protect the public from unprofessional conduct by qualified speech language pathologists and audiologists, it is necessary to provide regulatory authority over persons offering speech language pathology and audiology services to the public.

(b) The following words and terms when used in this chapter have the following meaning unless otherwise indicated within the context:

(1) "Audiologist" means an individual licensed by the board to practice audiology.

(2) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of the hearing and balance systems, to related language and speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological auditory/vestibular systems.

(3) "Audiology support personnel" means individuals who meets minimum qualifications, established by the board, which are less than those established by this chapter as necessary for licensing as an audiologist, who do not act independently, and who work under the direction and supervision of an audiologist licensed under this chapter who has been actively working in the field for twenty-four (24) months after completion of the postgraduate professional experience and who accepts the responsibility for the acts and performances of the audiology assistant while working under this chapter. Audiology support personnel shall be registered with the board within thirty (30) days of beginning work, or the supervising audiologist will be assessed a late filing fee of fifty dollars ($50.00) seventy dollars ($70.00).

(4) "Board" means the state board of examiners for speech language pathology and audiology.

(5) "Clinical fellow" means the person who is practicing speech language pathology or audiology under the supervision of a licensed speech language pathologist or audiologist while completing the postgraduate professional experience as required by this chapter.

(6) "Person" means an individual, partnership, organization, or corporation, except that only individuals can be licensed under this chapter.

(7) "Practice of audiology" means rendering or offering to render any service in audiology, including prevention, screening, and identification, evaluation, habilitation, rehabilitation; participating in environmental and occupational hearing conservation programs, and habilitation and rehabilitation programs including hearing aid and assistive listening device evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training and speech reading; conducting and interpreting tests of vestibular function and nystagmus; conducting and interpreting electrophysiological measures of the auditory pathway; cerumen management; evaluating sound environment and equipment; calibrating instruments used in testing and supplementing auditory function; and planning, directing, conducting or supervising programs that render or offer to render any service in audiology.

(ii) The practice of audiology may include speech and/or language screening to a pass or fail determination, for the purpose of initial identification of individuals with other disorders of communication.

(iii) A practice is deemed to be the "practice of audiology" if services are offered under any title incorporating such word as "audiology", "audiologist", "audiometry", "audiometrist", "audiological", "audiometrics", "hearing therapy", "hearing therapist", "hearing clinic", "hearing clinician", "hearing conservation", "hearing conservationist", "hearing center", "hearing aid audiologist", or any similar title or description of services.

(8) "Practice of speech language pathology" means rendering or offering to render any service in speech language pathology including prevention, identification, evaluation, consultation, habilitation, rehabilitation; determining the need for augmentative communication systems, dispensing and selling these systems, and providing training in the use of these systems; and planning, directing, conducting, or supervising programs that render or offer to render any service in speech language pathology.

(ii) The practice of speech language pathology may include nondiagnostic pure tone air conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communication.

(iii) The practice of speech language pathology also may include aural rehabilitation, which is defined as services and procedures for facilitating adequate receptive and expressive communication in individuals with hearing impairment.

(iv) A practice is deemed to be the "practice of speech language pathology" if services are offered under any title incorporating such words as "speech pathology", "speech pathologist", "speech therapy", "speech therapist", "speech correction", "speech correctionist", "speech clinic", "speech clinician", "language pathology", "language pathologist", "voice therapy", "voice therapist", "voice pathology", "voice pathologist", "logopedics", "logopedist", "communicology", "communicologist", "aphasiology", "aphasiologist", "phoniatrist", or any similar title or description of services.

(9) "Speech language pathologist" means an individual who is licensed by the board to practice speech language pathology.

(10) "Speech language pathology" means the application of principles, methods, and procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the development and disorders of human communication. Disorders are defined to include any and all conditions, whether of organic or non-organic origin, that impede the normal process of human communication in individuals or groups of individuals who have or are suspected of having these conditions, including, but not limited to, disorders and related disorders of:

(i) Speech: articulation, fluency, voice, (including respiration, phonation and resonance);

(ii) Language (involving the parameters of phonology, morphology, syntax, semantics and pragmatics; and including disorders of receptive and expressive communication in oral, written, graphic, and manual modalities);

(iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., dysphasia, including disorders of swallowing and oral function for feeding; oro-facial myofunctional disorders);

(iv) Cognitive aspects of communication (including communication disability and other functional disabilities associated with cognitive impairment); and

(v) Social aspects of communication (including challenging behavior, ineffective social skills, lack of communication opportunities).

(11) "Speech language support personnel" means individuals who meet minimum qualifications established by the board, which are less than those established by this chapter as necessary for licensing as a speech language pathologist, who do not act independently, and who work under the direction and supervision of a speech language pathologist licensed under this chapter who has been actively working in the field for twenty-four (24) months after completion of the postgraduate professional experience and who accepts the responsibility for the acts and performances of the speech language pathology assistant while working under this chapter. Speech language support personnel shall be registered with the board within thirty (30) days of beginning work, or the supervising speech language pathologist will be assessed a late filing fee of fifty dollars ($50.00) seventy dollars ($70.00).

5-48-9  Fees – Late filing – Inactive status. – (a) The board may charge an application fee of thirty-one dollars and fifty cents ($31.50) fifty dollars ($50.00); a biennial license renewal fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) payable before July 1 of even years (biennially); or a provisional license renewal fee of thirty-one dollars and fifty cents ($31.50) fifty dollars ($50.00) payable annually from the date of issue.

(b) Any person who allows his or her license to lapse by failing to renew it on or before the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on payment of the current renewal fee plus an additional late filing fee of twenty-five dollars ($25.00) forty dollars ($40.00).

(c) An individual licensed as a speech language pathologist and/or audiologist in this state, not in the active practice of speech-language pathology or audiology within this state during any year, may upon request to the board, have his or her name transferred to an inactive status and shall not be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing periods, after which period licensure shall be terminated and reapplication to the board shall be required to resume practice.

(d) Any individual whose name has been transferred to an inactive status may be restored to active status within two (2) licensing periods without a penalty fee, upon the filing of:

(1) An application for licensure renewal, with a licensure renewal fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) made payable by check to the general treasurer of the state of Rhode Island; and

(2) Any other information that the board may request.

SECTION 18. Section 23-19.3-5 of the General Laws in Chapter 23-19.3 entitled "Sanitarians" is hereby amended to read as follows:

23-19.3-5. Application for registration -- Examination -- Issuance of certificate. -- (a) A person who desires to be registered as a sanitarian shall file with the division of professional regulation an application upon a form to be prescribed and furnished by the division of professional regulation. He or she shall include in the application, under oath, his or her qualifications as a sanitarian. The application shall be accompanied by a registration fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170).

(b) If the division of professional regulation deems the education qualifications of the applicant are satisfactory and if he or she passes an examination, both written and oral, satisfactory to the division of professional regulation, the division shall issue him or her a certificate of registration. The certificate of registration shall expire at the end of the calendar year, and may be renewed on or before January fifteenth of the following year. The fee for renewal of a certificate of registration shall be thirty-seven dollars and fifty cents ($37.50) fifty dollars ($50).

SECTION 19. Sections 5-54-9 and 5-54-11 of the General Laws in Chapter 5-54 entitled “Physician Assistants” are hereby amended to read as follows:

5-54-9  Criteria for licensure as a physician assistant. – The board shall recommend to the director for licensure as a physician assistant an applicant who:

(1) Is of good character and reputation;

(2) Graduated from a physician assistant training program certified by the AMA's Committee on Allied Health, Education, and Accreditation, its successor, the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor.

(3) Passed a certifying examination approved by the National Commission on Certification of Physician Assistants or any other national certifying exam approved by the board.

(4) Submitted a completed application together with the required fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00).

5-54-11  Issuance and annual renewal of certificates of licensure. – (a) The board shall recommend to the director for registration those individuals who meet the criteria for licensure as stated in this chapter. Upon that recommendation, the director shall issue a certificate of licensure as a physician assistant.

(b) The certificate of licensure shall expire biannually on the thirtieth (30th) day of June. On or before the first day of March in each year, the administrator shall mail an application for a renewal certificate to every person licensed under the provisions of this chapter, and every person who desires his or her certificate to be renewed shall file with the division the renewal application together with a renewal fee of one hundred twenty-five dollars ($125.00) one hundred and seventy dollars ($170.00) on or before the first day of June in every other year. Upon receipt of the renewal application and payment of fee, the accuracy of the application shall be verified and the administrator shall grant a renewal certificate effective July 1st and expiring June 30th two years hence, unless the certificate is sooner suspended for cause as provided in § 5-54-12.

SECTION 20. Sections 5-59.1-5 and 5-59.1-12 of the General Laws in Chapter 5-59.1 entitled “Rhode Island Orthotics and Prosthetics Practice” are hereby amended to read as follows:

5-59.1-5. Application for orthotic or prosthetic license. -- Any person who desires to be licensed as set forth in section 5-59.1-4 shall in writing submit an application on forms provided by the department for a license accompanied by a fee of two hundred fifty dollars ($250) three hundred and thirty dollars ($330.00) with all other credentials that the department requires and as required by this chapter. All the proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited as general revenues.

5-59.1-12. Relicensing -- Renewal. -- Every holder of a license issued under this chapter shall biannually attest to the department as to current certification issued by the American Board of Certification in Orthotics and Prosthetics or the Board for Orthotists/Prosthetist Certification. All licenses issued under this chapter shall expire biannually on the last day of September of every odd numbered year. A biannual biennial renewal fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00) shall be required. Every orthotist and prosthetist shall conform to the standards of the American board for certification in orthotics and prosthetics or board for orthotists/prosthetists certification.

SECTION 21. Sections 5-63.2-16, and 5-63.2-17 of the General Laws in Chapter 5-63.2 entitled “Mental Health Counselors and Marriage and Family Therapists” are hereby amended to read as follows:

5-63.2-16  Application fee. – The applicant applying for licensure as a clinical mental health counselor or marriage and family therapist shall pay an application fee of three hundred fifty dollars ($350) four hundred and sixty ($460.00) and the fee shall be in no case returned. Applicants requiring reexamination shall submit a fee of three hundred fifty dollars ($350) four hundred and sixty ($460.00) for each reexamination.

5-63.2-17  Expiration and renewal of license. – (a) Every clinical mental health counselor and marriage and family therapist who desires to continue licensure as a licensed clinical mental health counselor and licensed marriage and family therapist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed clinical mental health counselor and licensed marriage and family therapist has completed a prescribed course of continuing education. The license of every person licensed under the provisions of this chapter shall expire on the first day of July of the next even year following the date of his or her license; provided, that no license shall expire prior to July 1, 1998. On or before the first day of May in each even year, commencing in the year 1998, the administrator shall mail an application for renewal of license to every person to whom a license is issued or renewed during the current year, and every licensed person who desires to renew his or her license files with the division the renewal application executed. This application shall include verification of prescribed continuing education requirements, together with two hundred fifty dollars ($250) three hundred and thirty dollars ($330.00) on or before the first day of June in each even year. Upon receipt of the application and payment of the fee, the accuracy of the application shall be verified and the administrator of professional regulation shall grant a renewal license effective July 1st and expiring twenty-four (24) months later.

(b) Any person who allows his or her license to lapse, by failing to renew it on or before June 1st in each year, as provided in this section, shall be reinstated by the administrator of professional regulation on payment of the current renewal fee plus an additional fee of fifty dollars ($50.00) seventy dollars ($70.00); and verification of prescribed continuing education requirements. Any person using the title "clinical mental health counselor" and/or "marriage and family therapist" during the time his or her license has lapsed shall be subject to the penalties provided for violation of this chapter; provided, that if a person has allowed his or her licensure to lapse for four (4) years or more, he or she shall be reinstated at the discretion of the board.

SECTION 22. Sections 5-64-6 and 5-64-8 of the General Laws in Chapter 5-64 entitled “The Licensed Dietician” are hereby amended to read as follows:

5-64-6  Applicant qualifications – Permit applications – Fees – Exemptions. – (a) When filing an application for a license the applicant must present evidence of:

(1) Completion of a baccalaureate or post-baccalaureate degree with a program in nutrition or dietetics; and

(2) Completion of a board approved, planned, continuous experience in dietetic practice of not less than nine hundred (900) hours under the supervision of a registered dietitian or dietitian/nutritionist licensed in the state; and

(3) Passing an examination.

(b) Each application shall be accompanied by a fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) .

5-64-8  Fees. – Licenses shall be valid for two (2) years and must be renewed biennially; the renewal fee is one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00). Application for renewal of a certificate, which has expired, requires the payment of a re-registration fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00).

SECTION 23. Section 5-68-9 of the General Laws in Chapter 5-68 entitled “Board of Radiologic Technology” is hereby amended to read as follows:

5-68-9  Fees. – (a) The director shall, in consultation with the board, establish a schedule of fees for licenses and for renewal as licenses for radiologic technologists.

(b) The initial application fee and renewal fee shall not exceed one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00), and shall be prescribed in rules and regulations.

SECTION 24. Sections 5-71-5 and 5-71-8 of the General Laws in Chapter 5-71 entitled “Interpreters for the Deaf” are hereby amended to read as follows:

5-71-5 Board of examiners – Duties and powers – Meetings – Compensation of members. – (a) The board shall administer, coordinate and enforce the provisions of this chapter, evaluate the qualifications of applicants, and may issue subpoenas, examine witnesses, and administer oaths, and investigate persons engaging in practices which violate the provisions of this chapter.

(b) The board shall conduct hearings and shall keep records and minutes that are necessary for the orderly dispatch of business.

(c) The board shall hold public hearings regarding rules and regulations.

(d) The board, with the approval of the director of the department of health, in accordance with the rule-making provisions of the Administrative Procedures Act, chapter 35 of title 42, shall adopt responsible rules and regulations, and may amend or repeal those rules and regulations. Following their adoption, the rules and regulations shall govern and control the professional conduct of every person who holds a license to practice interpreting or transliterating for the deaf in the state of Rhode Island. Rules and regulations shall be kept on file within the department of health, division of licensure and regulation, and shall be available for public inspection.

(e) The examination instrument used for testing shall not be available for public inspection and may be changed as the board deems necessary.

(f) Every licensed interpreter for the deaf, upon commencing to practice, shall immediately notify the board of his or her address or addresses. Every licensed interpreter for the deaf practicing as previously stated, before July first, shall annually pay to the department of health a license fee which does not exceed thirty-seven dollars and fifty cents ($37.50) fifty dollars ($50.00) commencing in January, 1998. Each licensed interpreter for the deaf shall promptly notify the board of any change in his or her office address or addresses, and shall furnish any other information to the board that it may require. The board may suspend the authority of any licensed interpreter for the deaf to practice for failure to comply with any of the above requirements. The board shall make available for public inspection, a complete list of the names of all interpreters for the deaf licensed and practicing in the state, arranged alphabetically by name.

(g) Regular meetings of the board shall be held at the time and places that it prescribes and special meetings may be held upon the call of the chairperson as necessary to deal with such issues as violations of this chapter; provided, that at least one regular meeting is held each calendar year.

(h) The board shall have its first meeting on or before December 31, 1996, and shall have its rules and regulations, and written examination adopted no later than December 31, 1997. Licensure and examinations shall commence after January 1, 1998.

(i) The conferral or enumeration of specific powers in this chapter shall not be construed as a limitation of the general powers conferred by the section. No member of the board shall be liable to civil action for any act performed in good faith in the performance of his or her duties as prescribed by this chapter.

(j) Board members shall serve on an honorable basis without compensation.

(k) The board may request legal advice and assistance from the appropriate legal officer.

5-71-8. Qualifications of applicants for licenses. -- To be eligible for licensure by the board as an interpreter or transliterator for the deaf, the applicant must submit written evidence on forms furnished by the department, verified by oath, that the applicant meets all of the following requirements:

(1) Is of good moral character; and

(2) Meets the certification or screened requirements as defined in regulations promulgated by the department.; and

(3) Pays the department a license fee, that does not exceed fifty dollars ($50.00).

SECTION 25. Section 23-1-39 of the General Laws in Chapter 23-1 entitled “Department of Health” is hereby amended to read as follows:

23-1-39  Tattooing and/or body piercing. – (a) The director shall promulgate rules and regulations which provide minimum requirements to be met by any person performing tattooing and/or body piercing upon any individual and for any establishment where tattooing and/or body piercing is performed. These requirements shall include, but not be limited to, general sanitation of premises wherein tattooing and/or body piercing is to be performed and sterilization of instruments. These rules and regulations shall place emphasis on the prevention of disease, specifically including, but not limited to, transmission of hepatitis B and/or human immunodeficiency virus (HIV).

(b) In addition, these rules and regulations shall establish procedures for registration with the department of health of all persons performing tattooing and/or body piercing, for registration of any establishment where tattooing and/or body piercing is performed, for regular inspections of premises where tattooing and/or body piercing is performed, and for revocation of the registration of any person or establishment deemed in violation of the rules and regulations promulgated under this section. An annual registration fee in the amount of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) shall be paid by any person or establishment registered to perform tattooing and/or body piercing under this section. All fees shall be deposited by the department as general revenues.

(c) Body piercing of a minor is prohibited; provided, however, that body piercing will be allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian gives consent to the body piercing.

SECTION 26. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital Records” is hereby amended to read as follows:

23-3-25  Fees for copies and searches. – (a) The state registrar shall charge fees for searches and copies as follows:

(1) For a search of two (2) consecutive calendar years under one name and for issuance of a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or a certification that the record cannot be found, the fee is fifteen dollars ($15.00) twenty dollars ($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is ten dollars ($10.00) fifteen dollars ($15.00).

(2) For each additional calendar year search, if applied for at the same time or within three (3) months of the original request and if proof of payment for the basic search is submitted, the fee is fifty cents ($.50) two dollars ($2.00).

(3) For providing expedited service, the additional handling fee is five dollars ($5.00) seven dollars ($7.00).

(4) For processing of adoptions, legitimations, or paternity determinations as specified in §§ 23-3-14 and 23-3-15, there shall be a fee of ten dollars ($10.00) fifteen dollars ($15.00).

(5) For making authorized corrections, alterations, and additions, the fee is five dollars ($5.00) ten dollars ($10.00); provided, no fee shall be collected for making authorized corrections or alterations and additions on records filed before one year of the date on which the event recorded has occurred.

(6) For examination of documentary proof and the filing of a delayed record, a fee of fifteen dollars ($15.00) twenty dollars ($20.00); and in addition to that fee, the fee is fifteen dollars ($15.00) twenty dollars ($20.00); for the issuance of a certified copy of a delayed record.

(b) Fees collected under this section by the state registrar shall be deposited in the general fund of this state, according to the procedures established by the state treasurer.

(c) The local registrar shall charge fees for searches and copies of records as follows:

(1) For a search of two (2) consecutive calendar years under one name and for issuance of a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a certification of birth or a certification that the record cannot be found, the fee is fifteen dollars ($15.00) twenty dollars ($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is ten dollars ($10.00) fifteen dollars ($15.00).

(2) For each additional calendar year search, if applied for at the same time or within three (3) months of the original request and if proof of payment for the basic search is submitted, the fee is fifty cents ($.50) two dollars ($2.00).

(d) Fees collected under this section by the local registrar shall be deposited in the city or town treasury according to the procedures established by the city or town treasurer except that three dollars ($3.00) six dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the general fund of this state.

SECTION 27. Section 23-4-13 of the General Laws in Chapter 23-4 entitled “Office of the State Medical Examiner” is hereby amended to read as follows:

23-4-13  Establishment of fees. – The director of the department of health may shall establish reasonable fees of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) a fee of forty dollars ($40.00) for autopsy reports, a fee of thirty dollars ($30.00) for cremation certificates, and statistics, and not less than five hundred dollars ($500) six hundred and fifty dollars ($650.00) per hour nor more than twenty-five hundred dollars ($2,500) thirty two hundred and fifty dollars ($3,250.00) per day to give testimony in civil suits under this chapter. The director is authorized to establish in regulation reasonable fees for additional documents not otherwise specified in this section. All of these fees shall be collected and deposited as general revenues; provided, however, that no city or town, or any agency or department of a city and town within the state, or the department of human services, shall be required to pay any fees established by the director pursuant to this section. The fee for an autopsy report shall not exceed thirty dollars ($30.00) and the fee for a cremation certificate shall not exceed twenty dollars ($20.00).

SECTION 28. Section 23-4.1-10 of the General Laws in Chapter 23-4.1 entitled “Emergency Medical Transportation Services” is hereby amended to read as follows:

23-4.1-10  Regulations and fees. – (a) The director shall be guided by the purposes and intent of this chapter in the making of regulations as authorized by this chapter.

(b) The director may issue regulations necessary to bring into effect any of the provisions of this chapter.

(c) The director may charge a license fee of not more than three hundred seventy-five dollars ($375) four hundred and ninety dollars ($490.00) for an annual license for an ambulance service, a license fee of not more than one hundred eighty-seven dollars and fifty cents ($187.50) two hundred and fifty dollars ($250.00) for an annual vehicle license, and a license fee of not more than sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for an emergency medical technician license.

(2) The director may charge an examination fee of not more than sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for examinations for an emergency medical technician license and may charge an inspection fee of not more than one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00) for inspections for a vehicle license.

(3) The director is also authorized to establish reasonable fees for other administrative actions that the director shall deem necessary to implement this chapter. The fees provided for in this section shall be deposited as general revenues and shall not apply to any city or town employee providing services referenced in this chapter on behalf of the city or town, and shall not apply to any individual providing services referenced in this chapter on behalf of any bona fide volunteer or not for profit organization. Further, the services licensure fees and vehicle inspection fees shall not apply to services and vehicles operated by any city, town, or fire district or to services and vehicles operated by bona fide volunteer or not for profit organizations.

SECTION 29. Section 23-16.2-4 of the General Laws in Chapter 23-16.2 entitled “Laboratories” is hereby amended to read as follows:

23-16.2-4  License required for clinical laboratories – Term of license – Application – Fee. – (a) It shall be unlawful for any persons, corporation, or other form of business entity to perform clinical or analytical laboratory services on specimens collected in this state or to own or maintain a laboratory or station in this state without having a license issued by the department of health pursuant to this chapter. A license, unless sooner suspended or revoked under the provisions of this chapter, shall expire on the thirtieth (30th) day of December of every other year following the date of license. This will be determined on an odd-even basis with respect to the license number. Each license shall be issued only to conduct the tests approved and for the premises and persons named in the application, and shall not be transferable or assignable. The fee for a clinical laboratory license shall be five hundred dollars ($500) six hundred and fifty dollars ($650.00) for each specialty for which the laboratory is approved. The fee for a station license shall be five hundred dollars ($500) six hundred and fifty dollars ($650.00). The fees shall be made payable to the general treasurer, state of Rhode Island, and submitted with the application to the department of health.

(b) It shall be unlawful for any persons, corporations, or other form of entity to own, operate, maintain, conduct, or sponsor a temporary or ad hoc screening program without having obtained a permit from the director of health. The fee for any permit shall be fifty dollars ($50.00) seventy dollars ($70.00). It is within the director's discretion to waive the fee. All fees shall be made payable to the general treasurer, state of Rhode Island. Nothing contained in this section shall require any licensed persons, corporations, or other entity to pay the permit fee, if the screening program is provided free of charge to the public by the licensed persons, corporation, or entity.

SECTION 30. Section 23-17-38 of the General Laws in Chapter 23-17 entitled “Licensing of Health Care Facilities” is hereby amended to read as follows:

23-17-38  Establishment of fees. – The director shall establish fees for licensure application, licensure renewal, inspection, and administrative actions under this chapter. Annual inspection fees for hospitals and rehabilitation hospital centers shall be thirteen thousand dollars ($13,000) sixteen thousand nine hundred dollars ($16,900.00) per facility plus an additional fee of ninety dollars ($90.00) one hundred and twenty dollars ($120.00) per bed. Annual licensure fees for health maintenance organizations and for profit end stage renal dialysis facilities shall be three thousand dollars ($3,000) three thousand nine hundred dollars ($3,900.00) per facility. Annual licensure fees for home nursing care providers and home care providers shall be five hundred dollars ($500) six hundred and fifty dollars ($650.00) per facility; however, no additional license fee shall be charged when a home nursing care provider or home care provider changes location during any calendar year for which an annual license fee has already been paid for that home nursing care provider or home care provider. Annual licensure fees for organized ambulatory care facilities shall be five hundred dollars ($500) six hundred and fifty dollars ($650.00), provided that not-for-profit entities operating more than one ambulatory care facility shall be subject to a single annual licensure fee for all such licenses; provided, further, that nonprofit charitable community health centers, school based health centers and nonprofit hospice programs with a current home nursing care provider license shall be exempt from the fee. All annual licensure fees not otherwise designated shall be established in regulation and shall be collected and deposited as general revenues of the state.

SECTION 31. Section 23-17.4-31 of the General Laws in Chapter 23-17.4 entitled “Assisted Living Residence Licensing act” is hereby amended to read as follows:

23-17.4-31  Establishment of fees. – The director may establish reasonable fees for the licensure application, licensure renewal, and administrative actions under this chapter. Annual licensure fees shall be two hundred and fifty dollars ($250) three hundred and thirty dollars ($330.00) per licensee plus an additional fee of fifty dollars ($50.00) seventy dollars ($70.00) per licensed bed, where applicable.

SECTION 32. 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 § 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 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) fifty dollars ($50.00).The fee for annual license renewal shall be thirty-one dollars and twenty-five cents ($31.25) fifty dollars ($50.00). Fees for all other licenses under this chapter shall be fixed in an amount necessary to cover the cost of administering this chapter.

(f) Any person applying for a license under this chapter shall undergo a criminal background check. Such persons shall apply to the bureau of criminal identification of the state police or local police department for a nationwide criminal records check. Fingerprinting shall be required. Upon the discovery of any disqualifying information as defined in § 23-20.8-5, the bureau of criminal identification of the state police or the local police department shall inform the applicant, in writing, of the nature of the disqualifying information. The applicant shall be responsible for payment of the costs of the criminal records check.

SECTION 33. Sections 23-17.9-3, 23-17.9-5, 23-17.9-6 and 23-17.9-7 of the General Law in Chapter 23-17.9 entitled “Registration of Nursing Assistants” are hereby amended to read as follows:

23-17.9-3  Training and competency evaluation program for levels of nursing assistants. – Standards for training and/or competency evaluation programs for nursing assistants and exemptions for applicants from the requirements of training programs shall be consistent with federal statutory and regulatory requirements and shall be defined according to the rules and regulations promulgated by the department of health. The national standards pertaining to nursing assistants, nurse aides-home health aides, and the national home caring council or its succeeding agency, (model curriculum and teaching guide for the instruction of homemaker-home health aide) and any other appropriate standards shall serve as guidelines in the development of regulatory standards for other levels of nursing assistants as determined by the director. The department may require a fee of not more than three hundred twelve dollars and fifty cents ($312.50) four hundred and ten dollars ($410.00) as an application fee for biennial training and competency evaluation program certification.

23-17.9-5  Qualifying examination. – Nursing assistants as defined in § 23-17.9-2 who are employed or have had experience as a nursing assistant prior to the enactment of this chapter, and the effective date of the regulations promulgated in relation to this chapter, shall pass the appropriate level of examination administered by the department approved by the director in lieu of the training program. Exempt from the qualifying examination are home health aides/homemakers who have successfully passed the qualifying examination and/or successfully completed an approved home health aide/homemaker program under the provisions of chapter 17.7 of this title and the regulations promulgated in relation to that chapter. Also exempt from the qualifying examination are classes of individuals, regardless of employment setting, who are exempted from examination by federal statute or regulations and these exemptions shall be defined according to rules and regulations promulgated by the department of health. Successful completion of the qualifying examination and the provisions of this section shall be deemed satisfactory for employment as a nursing assistant. Unless exempted by rules and regulations promulgated by the department of health, each application must be submitted with a processing fee of twenty-five dollars ($25.00) forty dollars ($40.00) to be paid by the employing facility or agency if the applicant has been continuously employed by the facility for six (6) months prior to the application or by another responsible party as defined in rules and regulations promulgated by the department of health consistent with federal statutory and/or regulatory requirements; but, if the applicant is unemployed, to be submitted by the applicant. If the applicant shall be continuously employed by the same facility for six (6) months after the application, then the fee shall be directly refunded to the applicant by the facility or agency. If federal statutory or regulatory requirements mandate that the certifying agency conduct an examination of manual skills proficiency as a component of the examination process to meet minimal federal compliance, a manual skills proficiency examination may be required by rules and regulations promulgated by the department of health for all applicants not otherwise exempted from the examination requirements. If a manual skills proficiency examination is required to be conducted by the certifying agency as a component of the certifying examination, each application shall be accompanied by a fee not to exceed ninety-five dollars ($95.00) one hundred and thirty dollars ($130.00) to be paid by the employing facility or agency if the applicant has been continuously employed by the facility for six (6) months prior to the application or by another responsible party as defined in rules and regulations promulgated by the department of health consistent with federal statutory and/or regulatory requirements; but, if the applicant is unemployed, to be submitted by the applicant. If the applicant shall be continuously employed by the same facility for six (6) months after the application, then the fee shall be directly refunded on a pro rata basis between months six (6) and twelve (12) to the applicant by the facility or agency.

23-17.9-6  Registration. – Every nursing assistant being employed as a nursing assistant or offering services as a nursing assistant must obtain a certificate of registration issued by the department. Every nursing assistant, prior to being issued a certificate of registration by the department, shall successfully complete the training program and/or qualifying examination as required by §§ 23-17.9-3 and 23-17.9-5 unless otherwise exempt from the requirements. All applicants not otherwise exempted are required to complete the process of training and examination within a period of one year from the date of initiation of training. Failure to successfully complete this process within one year requires that the applicant repeat the training program and be retested. All nursing assistants shall be registered with and qualified by the department of health. The fee for registration is twenty-four dollars ($24.00) forty dollars ($40.00) . The department shall keep a register in which are entered the names of all persons to whom certificates of registration are issued under this chapter and the register shall be open to public inspection. In addition, if required by federal mandate the department will also keep a separate nurse aide registry.

23-17.9-7  Renewal of certificate of registration. – Every holder of a nursing assistant certificate of registration shall register biennially by making application to the department on forms provided by the agency. The renewals shall be granted as a matter of course, upon payment of a fee of twenty-four dollars ($24.00) forty dollars ($40.00) unless the agency finds that the applicant has acted or failed to act in a manner under the circumstances that would constitute grounds for suspension or revocation of a certificate of registration.

SECTION 34. Section 23-39-11 of the General Laws in Chapter 23-39 entitled “Respiratory Care Act” is hereby amended to read as follows:

23-39-11  Fees. – (a) The director, in consultation with the board, shall establish a schedule of reasonable fees for licenses, and for renewal of licenses for respiratory care practitioners.

(b) The initial application fee shall be one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00).

(c) A biennial license renewal fee shall be established in an amount of one hundred dollars ($100) one hundred and thirty dollars ($130.00).

SECTION 35. Sections 23-61-4 and 23-61-8 of the General Laws in Chapter 23-61 entitled “Radon Control” are hereby amended to read as follows:

23-61-4 Authority of the director. – The director is authorized to:

(1) Designate a unit within the department to administer the provisions of this chapter and provide that unit with the necessary staff, equipment, and operating funds.

(2) Receive and administer funding allocated for radon control programs by the state, agencies of the federal government and other appropriate funding sources.

(3) Require the owner of any public or high priority building to perform such tests for radon as he or she may determine to be necessary to characterize the exposure of occupants to radon/radon progeny in the air of the building and/or in the building water supply.

(4) Conduct a voluntary radon/radon progeny testing program for residents of owner occupied residential dwellings in the state.

(5) Enter any public or high priority building in the state in accordance with §§ 23-61-7(a)(1) and 23-61-7(b)(4) to perform such tests for radon as he or she may determine to be necessary to evaluate the exposure of occupants to radon/radon progeny in the air of the building and/or in the building water supply.

(6) Institute a public information program to include a telephone information service, written materials, and media advertisements with the purpose of informing the public regarding radon/radon progeny health effects, the necessity for testing of homes and other buildings, the recommended practices for reducing elevated levels of radon and related issues.

(7) Develop and forward for adoption by the state building code commission recommendations for standards of new construction designed to prevent or more easily mitigate elevated radon/radon progeny levels.

(8) Issue regulations for the following purposes:

(i) To establish indoor environmental air exposure standards and guidelines for radon and radon progeny;

(ii) To establish a drinking water standard for radon;

(iii) To establish criteria for air and water sampling, and testing for radon and radon progeny;

(iv) To establish criteria for notification of the department of mitigation activities to reduce radon/radon progeny exposures in high priority buildings and public water supplies;

(v) To establish criteria for licensure and certification of persons involved in radon/radon progeny testing and mitigation services;

(vi) To require radon/radon progeny testing by appropriate school officials of each area within public and private schools occupied by children in pre-kindergarten through 12th grade;

(vii) To establish work practices and procedures for mitigation of radon/radon progeny in buildings;

(viii) To establish procedures for notifications required by § 23-61-6;

(ix) To assess fees for activities authorized by this chapter.

(9) In promulgating standards, guidelines and regulations and in setting fees authorized by this chapter, the director shall:

(i) Give due consideration to recommendations, standards, guidelines and definitions of other states and the United States;

(ii) Shall follow the provisions of chapter 35 of title 42.

23-61-8  Establishment of fees. – A one-time surcharge shall be assessed on new residential construction, excluding renovations, at the rate of one cent ($0.01) two cents ($0.02) per square foot under roof floor space. This surcharge shall be collected by the local building official at the time an application for a building permit is submitted. The local building official shall collect the surcharge and remit the funds collected to the department on a quarterly calendar basis beginning no later than October 31, 1992 October 31, 2007 for the preceding quarter, and continuing each third month thereafter. The local building official shall also submit, on the same calendar basis, documentation of all building permits for new residential construction issued during the previous calendar quarter. The unit of municipal government issuing the new residential construction building permits may retain five percent (5%) of the surcharge collected to cover costs associated with the collection and remittance of the surcharge. All funds remitted to the department pursuant to this section shall be deposited in the general fund as general revenues.

SECTION 36. Section 21-2-7 of the General Laws in Chapter 21-2 entitled "Milk Sanitation Code" is hereby amended to read as follows:

21-2-7. Permits. -- (a) It shall be unlawful for any milk producer whose dairy farm is located wholly or partly in this state to sell or to offer to sell milk or milk products or to have milk stored for sale who does not possess at all times a Rhode Island producer's permit from the director.

(b) It shall be unlawful for any milk hauler to transport any milk or milk products to any milk plant in the state of Rhode Island or to transport any milk in this state destined for sale in this state unless he or she shall at all times possess a Rhode Island milk hauler's permit from the director.

(c) It shall be unlawful for any person to operate a milk plant in the state of Rhode Island who does not possess a Rhode Island milk plant permit from the director with respect to each plant located in Rhode Island.

(d) It shall be unlawful for any milk distributor to sell or offer to sell milk or milk products, including raw milk cheese, within the state of Rhode Island unless he or she shall at all times possess a milk distributor's permit from the director.

(e) It shall be unlawful for any milk hauler to transport any milk or milk products from any point outside the state into the state of Rhode Island for sale or processing in this state or for any milk plant located in Rhode Island to process any milk or milk products which come from any point outside the state of Rhode Island or for any milk distributor to sell any milk or milk products within this state which come from any point outside this state, unless:

(1) Every producer who produces any part of the milk or milk products shall have been inspected and shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated under this chapter in the case of Rhode Island producers;

(2) Every vehicle in which the milk is transported to the plant where processed shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated pursuant to this chapter in the case of Rhode Island milk hauler permittees; and

(3) The operator of each milk plant located outside the state of Rhode Island where any part of the milk is processed at all times possesses an out-of-state milk plant permit from the director.

(f) It shall be unlawful for any person located in the state of Rhode Island to sell or offer for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A milk product, unless the person at all times is in possession of a Rhode Island grade A producer's permit.

(g) The fees for the permits referred to in this section shall be as follows:

(1) in-state milk processors: one hundred twenty dollars ($120); one hundred sixty dollars ($160);

(2) out-of-state milk processors: one hundred twenty dollars ($120); one hundred sixty dollars ($160);

(3) milk distributors: one hundred twenty dollars ($120); one hundred sixty dollars ($160);

(4) milk producers and milk haulers shall be exempt from permit fees.

SECTION 37. Section 21-9-3 of the General Laws in Chapter 21-9 entitled "Frozen Desserts" is hereby amended to read as follows:

21-9-3. License fee. -- The annual license fee shall be as follows:

(1) Instate wholesale frozen dessert processors: four hundred and twenty dollars ($420). five hundred and fifty dollars ($550).

(2) Out of state wholesale frozen dessert processors: one hundred twenty dollars ($120). one hundred sixty dollars ($160).

(3) Retail frozen dessert processors: one hundred twenty dollars ($120). one hundred sixty dollars ($160).

SECTION 38. Section 21-11-4 of the General Laws in Chapter 21-11 entitled "Meats" is hereby amended to read as follows:

21-11-4. Issuance and term of licenses -- Suspension or revocation. -- The director of health shall, upon receipt of application for a license to operate an establishment for any or all of the purposes mentioned in section 21-11-3, cause that establishment to be inspected and, if it is found to conform to the provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue a license upon receipt of a fee of one hundred twenty dollars ($120); one hundred sixty dollars ($160); provided, that the license fee shall be twenty four dollars ($24.00) forty dollars ($40.00) for any one establishment where: (1) the meat is sold only at retail, (2) no slaughtering is performed, and (3) no more than one of the activities described in section 21-11-3 for which a license is required is performed. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Applications for renewal of licenses, accompanied by the prescribed fee, shall be submitted at least two (2) weeks before the renewal date. Licenses issued or renewed under this section may be suspended or revoked for failure to comply with the provisions of this chapter or the regulations adopted in accordance with this chapter.

SECTION 39. Section 21-14-2 of the General Laws in Chapter 21-14 entitled "Shellfish Packing Houses" is hereby amended to read as follows:

21-14-2. License for shellfish business. -- No person shall conduct within this state any shellfish business until that person shall have obtained a license from the department. The director shall, upon receipt of application for a license to conduct a shellfish business, cause the applicant's shellfish business facilities to be investigated and, if they are found to comply with the provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue a license upon receipt of a fee of two hundred forty dollars ($240) three hundred twenty dollars ($320) for a shipper/reshipper or a fee of three hundred dollars ($300) three hundred ninety dollars ($390) for a shucker packer/repacker. Any license issued shall apply only to those phases of the shellfish business that appear on the license and are defined by the director in regulations he or she shall adopt in regard to licensing. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, unless sooner suspended or revoked for cause, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Licenses issued pursuant to this section may be suspended or revoked for violation of the provisions of this chapter or the regulations adopted in accordance with this chapter. The director may, after a hearing, refuse to issue any shellfish business license to any person who has been convicted of any violation of this chapter.

SECTION 40. Section 21-23-2 of the General Laws in Chapter 21-23 entitled "Nonalcoholic Bottled Beverages, Drinks and Juices" is hereby amended to read as follows:

21-23-2. Issuance and renewal of permits -- Fee -- Posting -- Exempt cider. -- Blank forms of the application for permits shall be furnished by the department without cost. The fee for the permit shall be four hundred and twenty dollars ($420); five hundred and fifty dollars ($550); provided, that the fee for a permit to manufacture or bottle apple cider shall be forty-two dollars ($42.00). sixty dollars ($60.00). In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Any person applying for a permit to bottle or manufacture apple cider shall certify that he or she does not manufacture or bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup, bottled drinking water, either plain or carbonated, or any other so-called soft drink, other than apple cider. The fee received by the department for "bottlers' permits" shall be turned over to the general treasurer. All permits granted under this chapter shall be posted in a conspicuous place on the premises of the bottler so that they may readily be seen by any person inspecting the premises; provided that the fees so far as they relate to cider, shall not apply to any person who manufactures and bottles during any one calendar year not exceeding five hundred (500) gallons of cider.

SECTION 41. Sections 21-27-6.1, 21-27-10 and 21-27-11.2 of the General Laws in Chapter 21-27 entitled "Sanitation in Food Establishments" are hereby amended to read as follows:

21-27-6.1. Farm home food manufacture. -- Notwithstanding the other provisions of this chapter, the department of health shall permit farm home food manufacture and the sale of the products of farm home food manufacture at farmers' markets, farmstands, and other markets and stores operated by farmers for the purpose of the retail sale of the products of Rhode Island farms, provided that the requirements of this section are met.

(1) The farm home food products shall be produced in a kitchen that is on the premises of a farm and meets the standards for kitchens as provided for in minimum housing standards, adopted pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:

(i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one compartment sink;

(ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

(iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent, corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted surface;

(iv) Have self-closing doors for bathrooms that open directly into the kitchen;

(v) If farm is on private water supply it must be tested once per year.

(2) The farm home food products are prepared and produced ready for sale under the following conditions:

(i) Pets are kept out of food preparation and food storage areas at all times;

(ii) Cooking facilities shall not be used for domestic food purposes while farm home food products are being prepared;

(iii) Garbage is placed and stored in impervious covered receptacles before it is removed from the kitchen, which removal shall be at least once each day that the kitchen is used for farm home food manufacture;

(iv) Any laundry facilities which may be in the kitchen shall not be used during farm home food manufacture;

(v) Recipe(s) for each farm home food product with all the ingredients and quantities listed, and processing times and procedures, are maintained in the kitchen for review and inspection;

(vi) List ingredients on product;

(vii) Label with farm name, address and telephone number.

(3) Farm home food manufacture shall be limited to the production of nonpotentially hazardous food and foods that do not require refrigeration, including:

(i) Jams, jellies, preserves and acid foods, such as vinegars, that are prepared using fruits, vegetables and/or herbs that have been grown locally;

(ii) Double crust pies that are made with fruit grown locally;

(iii) Yeast breads;

(iv) Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile radius of the farm;

(v) Candies and fudges;

(vi) Dried herbs and spices.

(4) Each farm home kitchen shall be registered with the department of health and shall require a notarized affidavit of compliance, in any form that the department may require, from the owner of the farm that the requirements of this section have been met and the operation of the kitchen shall be in conformity with the requirements of this section. A certificate of registration shall be issued by the department upon the payment of a fifty dollar ($50.00) sixty five dollar ($65.00) fee and the submission of an affidavit of compliance. The certificate of registration shall be valid for one year after the date of issuance; provided, however, that the certificate may be revoked by the director at any time for noncompliance with the requirements of the section. The certificate of registration, with a copy of the affidavit of compliance, shall be kept in the kitchen where the farm home food manufacture takes place. The director of health shall have the authority to develop and issue a standard form for the affidavit of compliance to be used by persons applying for a certificate of registration; the form shall impose no requirements or certifications beyond those set forth in this section and section 21-27-1(6). No certificates of registration shall be issued by the department prior to September 1, 2002.

(5) Income from farm home food manufacture shall not be included in the calculation of farm income for the purposes of obtaining an exemption from the sales and use tax pursuant to section 44-18-30(32), nor shall any equipment, utensils, or supplies acquired for the purpose of creating or operating farm home food manufacture be exempt from the sales and use tax as provided for in section 44-18-30(32).

21-27-10. Registration of food businesses. -- (a) No person shall operate a food business as defined in section 21-27-1(8) unless he or she annually registers the business with the state director of health; provided, that food businesses conducted by nonprofit organizations, hospitals, public institutions, farmers markets, roadside farmstands, or any municipality shall be exempt from payment of any required fee. (b) In order to set the registration renewal dates so that all activities for each establishment can be combined on one registration instead of on several registrations, the registration renewal date shall be set by the department of health. The registration period shall be for twelve (12) months commencing on the registration renewal date, and the registration fee shall be at the full annual rate regardless of the date of application or the date of issuance of registration. If the registration renewal date is changed, the department may make an adjustment to the fees of registered establishments, not to exceed the annual registration fee, in order to implement the changes in registration renewal date. Registrations issued under this chapter may be suspended or revoked for cause. Any registration or license shall be posted in a place accessible and prominently visible to an agent of the director. (c) Registration with the director of health shall be based upon satisfactory compliance with all laws and regulations of the director applicable to the food business for which registration is required. (d) The director of health is authorized to adopt regulations necessary for the implementation of this chapter. (e) Classification and fees for registration shall be as follows:

(1) Food processors (Wholesale) ...................................... $210.00 $280.00

(2) Food processors (Retail) ........................................... 90.00 120.00

(3) Food service establishments:

(i) 50 seats or less .................................................. 120.00 160.00

(ii) More than 50 seats ............................................... 180.00 240.00

(iii) Mobile food service units ........................................ 72.00 100.00

(iv) Industrial caterer or food vending machine commissary ... 210.00 280.00

(v) Vending machine sites or location:

(A) Three (3) or less machines ......................................... 36.00 50.00

(B) Four (4) to ten (10) machines ...................................... 72.00 100.00

(C) Eleven (11) or more machines ....................................... 90.00 120.00

(4) Retail markets:

(i) 1 to 2 cash registers .............................................. 90.00 120.00

(ii) 3 to 5 cash registers ............................................ 180.00 240.00

(iii) 6 or more cash registers ........................................ 390.00 510.00

(5) Retail food peddler (meat, seafood, dairy, and frozen dessert products) ....72.00 100.00

(6) Food warehouses .................................................. 144.00 190.00

(f) In no instance where an individual food business has more than one activity eligible under this chapter for state registration within a single location shall the business be required to pay more than a single fee for the one highest classified activity listed in subsection (e) of this section; provided, that where several separate but identically classified activities are located within the same building and under the management and jurisdiction of one person, one fee shall be required. In each of the instances in this subsection, each activity shall be separately registered.

21-27-11.2. Application for certification. -- Any person who shall desire to be certified in food safety shall submit in writing, on any forms as provided by the division, an application for certification which shall be accompanied by an application fee of thirty-six dollars ($36.00) fifty dollars ($50.00) together with any other credentials that the rules and regulations and the division may require.

SECTION 42. Section 23-21-2 of the General Laws in Chapter 23-21 entitled "Licensing of Recreational Facilities" is hereby amended to read as follows:

23-21-2. License required -- Issuance and expiration of license. -- No person shall maintain within this state any recreation facility or use until that person shall have obtained a license for a facility or use from the department. The director, upon receipt of an application for a recreation facility or use shall cause the facility or use to be inspected and, if the facility or use is found to comply with the provisions of this chapter and the regulations adopted in accordance with the provisions of this chapter, shall issue a license upon receipt of a fee of one hundred twenty dollars ($120). one hundred sixty dollars ($160). In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the license renewal date shall be set by the department of health. The license period shall be for twelve (12) months, commencing on the license renewal date, unless sooner suspended or revoked for violation of the provisions of this chapter or the regulations adopted in accordance with this chapter, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date.

SECTION 43. This article shall take effect as of July 1, 2007.