2022 -- H 7909

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LC005082

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO FOOD AND DRUGS - SANITATION IN FOOD ESTABLISHMENTS

     

     Introduced By: Representatives Cortvriend, McEntee, Speakman, Ruggiero, Kislak,
Carson, Caldwell, Cassar, Place, and Henries

     Date Introduced: March 04, 2022

     Referred To: House Small Business

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 21-27 of the General Laws entitled "Sanitation in Food

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Establishments" is hereby amended by adding thereto the following section:

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     21-27-6.2. Cottage food manufacture.

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     Notwithstanding any other provisions of this chapter, the department of health shall register

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cottage food manufacture and the sale of the products of cottage food manufacture direct to

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consumers whether by pickup or delivery within the state, provided that the requirements of this

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section are met.

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     (1) The cottage food products shall be produced in a kitchen that is on the premises of a

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home and meets the standards for kitchens as provided for in minimum housing standards, adopted

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pursuant to chapter 24.2 of title 45 and the housing maintenance and occupancy code, adopted

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pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:

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     (i) Be equipped, at a minimum, with either a two (2) compartment sink or a dishwasher

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that reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a

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one compartment sink;

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     (ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the

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proper handling of soiled utensils prior to washing and of cleaned utensils after washing in order

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not to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

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     (iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,

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corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted surface;

 

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

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     (v) If the home is on private water supply, the water supply shall be tested once per year;

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and

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     (vi) Notwithstanding this subsection, the cottage food products may also be produced in a

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commercial kitchen licensed by the department and is leased or rented by the cottage food

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registrant; provided that, a record be maintained as to the dates the commercial kitchen was used

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and that ingredients used in the production of cottage foods are transported according to applicable

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food safety standards and regulations promulgated by the department.

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     (2) The cottage food products are prepared and produced ready for sale under the following

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conditions:

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

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     (ii) Cooking facilities shall not be used for domestic food purposes while cottage food

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products are being prepared;

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     (iii) Garbage is placed and stored in impervious covered receptacles before it is removed

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from the kitchen, which removal shall be at least once each day that the kitchen is used for cottage

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food manufacture;

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     (iv) Any laundry facilities which may be in the kitchen shall not be used during cottage

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food manufacture;

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     (v) Recipe(s) for each cottage food product with all the ingredients and quantities listed,

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and processing times and procedures, are maintained in the kitchen for review and inspection;

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     (vi) An affixed label that contains:

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     (A) Name, address, and telephone number;

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     (B) The ingredients of the cottage food product, in descending order of predominance by

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weight or volume;

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     (C) Allergen information, as specified by federal and state labeling requirements, such as

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milk, eggs, tree nuts, peanuts, wheat, and soybeans; and

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     (D) The following statement printed in at least ten-point type in a clear and conspicuous

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manner that provides contrast to the background label: “Made by a Cottage Food Business

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Registrant that is not Subject to Routine Government Food Safety Inspection” unless products have

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been prepared in a commercial kitchen licensed by the department.

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     (3) Cottage food manufacture shall be limited to the production of baked goods that do not

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require refrigeration or time/temperature control for safety, including, but not limited to:

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     (i) Double crust pies;

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     (ii) Yeast breads;

 

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     (iii) Biscuits, brownies, cookies, muffins;

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     (iv) Cakes that do not require refrigeration or temperature-controlled environment; and

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     (v) Other baked goods as defined by the department.

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     (4) Each cottage food manufacturer shall be registered with the department of health and

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shall require a notarized affidavit of compliance, in any form that the department may require, from

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the applicant that the requirements of this section have been met and the operation of the kitchen

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shall be in conformity with the requirements of this section. Prior to the initial registration, each

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cottage food manufacturer is required to successfully complete a food safety instructor training

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course approved by the department pursuant to § 21-27-11.3. A certificate of registration shall be

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issued by the department upon the payment of a fee as set forth in § 23-1-54 and the submission of

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an affidavit of compliance. The certificate of registration shall be valid for one year after the date

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of issuance; provided, however, that the certificate may be revoked by the director at any time for

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noncompliance with the requirements of the section. The certificate of registration, with a copy of

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the affidavit of compliance, shall be kept in the kitchen where the cottage food manufacture takes

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place. The director of health shall have the authority to develop and issue a standard form for the

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affidavit of compliance to be used by persons applying for a certificate of registration; the form

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shall impose no requirements or certifications beyond those set forth in this section and § 21-27-

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6.1. No certificates of registration shall be issued by the department prior to November 1, 2022.

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     (5) No such operation shall engage in consignment or wholesale sales. The following

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additional locational sales by any such cottage food operation shall be prohibited:

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     (1) Grocery stores;

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     (2) Restaurants;

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     (3) Long-term care facilities;

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     (4) Group homes;

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     (5) Day care facilities; and

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     (6) Schools

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     Advertising and sales by Internet, mail and phone are permissible, provided the cottage

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food licensee or their designee shall deliver, in person, to the customer within the state.

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     (6) Total annual gross sales for a cottage food operation shall not exceed twenty-five

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thousand dollars ($25,000) per calendar year. If annual gross sales exceed the maximum annual

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gross sales amount allowed, the cottage food registrant shall either obtain a food processor license

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or cease operations. The director of health may request documentation to verify the annual gross

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sales figure of any cottage food operation.

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     (7) Sales on all cottage foods are subject to applicable sales tax pursuant to chapter 18 of

 

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title 44.

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     (8) The director of health, or designee, may inspect a cottage food operation at any time to

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ensure compliance with the provisions of this section. Nothing in this section shall be construed to

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prohibit the director of health, or designee, from investigating the registered area of a cottage food

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operation in response to a foodborne illness outbreak, consumer complaint or other public health

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emergency.

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     SECTION 2. Section 23-1-54 of the General Laws in Chapter 23-1 entitled "Department

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of Health" is hereby amended to read as follows:

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     23-1-54. Fees payable to the department of health.

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     Fees payable to the department shall be as follows:

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PROFESSION RIGL Section Description of Fee FEE

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Barbers/hairdressers 5-10-10(a) Renewal application $25.00

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Barbers/hairdressers 5-10-10(a) Renewal application:

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Manicuring Instructors and manicurists $25.00

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Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00

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Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $100.00

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Barbers/hairdressers 5-10-11[c] Application fee $25.00

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Barbers/hairdressers 5-10-11[c] Application fee: manicuring

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Instructors and manicurists $25.00

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Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00

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Barbers/hairdressers 5-10-15 Shop license: initial $170.00

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Barbers/hairdressers 5-10-15 Shop license: renewal $170.00

23

Veterinarians 5-25-10 Application fee $40.00

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Veterinarians 5-25-11 Examination fee $540.00

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Veterinarians 5-25-12(a) Renewal fee $580.00

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Veterinarians 5-25-12[c] Late renewal fee $120.00

27

Podiatrists 5-29-7 Application fee $240.00

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Podiatrists 5-29-11 Renewal fee: minimum $240.00

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Podiatrists 5-29-11 Renewal fee: maximum $540.00

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Podiatrists 5-29-13 Limited registration $65.00

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Podiatrists 5-29-14 Limited registration:

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Academic faculty $240.00

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Podiatrists 5-29-14 Application fee:

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Renewal minimum $240.00

 

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Podiatrists 5-29-14 Application fee:

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Renewal maximum $440.00

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Chiropractors 5-30-6 Examination fee: $210.00

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Chiropractors 5-30-7 Examination exemption fee: $210.00

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Chiropractors 5-30-8(b) Exam Physiotherapy $210.00

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Chiropractors 5-30-8(b) Exam chiro and physiotherapy $210.00

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Chiropractors 5-30-12 Renewal fee $210.00

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Dentists/dental hygienists 5-31.1-6(d) Dentist: application fee $965.00

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Dentists/dental hygienists 5-31.1-6(d) Dental hygienist: application fee $65.00

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Dentists/dental hygienists 5-31.1-6(d) Reexamination: dentist $965.00

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Dentists/dental hygienists 5-31.1-6(d) Reexamination: hygienist $65.00

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Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee dentist $90.00

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Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee hygienist $90.00

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Dentists/dental hygienists 5-31.1-21(c) Inactive status: dentist $220.00

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Dentists/dental hygienists 5-31.1-21(c) Inactive status: hygienist $40.00

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Dentists/dental hygienists 5-31.1-22 Limited registration $65.00

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Dentists/dental hygienists 5-31.1-23[c] Limited reg:

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Academic faculty $965.00

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Dentists/dental hygienists 5-31.1-23[c] Limited reg:

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Academic faculty renewal $500.00

21

Electrolysis 5-32-3 Application fee $25.00

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Electrolysis 5-32-6(b) Renewal fee $25.00

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Electrolysis 5-32-7 Reciprocal license fee $25.00

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Electrolysis 5-32-17 Teaching license $25.00

25

Funeral directors/embalmers 5-33.2-12 Funeral establishment license $120.00

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Funeral services establishments

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Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $90.00

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Funeral services establishments embalmer $30.00

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Funeral directors/embalmers 5-33.2-12 Funeral branch ofc license $90.00

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Funeral directors/embalmers 5-33.2-13.1 Crematories: application fee $120.00

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Funeral services establishments

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Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $120.00

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Funeral Svcs establishments establishment

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Funeral directors/embalmers 5-33.2-15 Additional branch office

 

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Funeral services Establishments licenses $120.00

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Funeral directors/embalmers 5-33.2-15 Crematory renewal fee

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Funeral svcs establishments $120.00

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Funeral directors/embalmers 5-33.2-15 Late renewal fee

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Funeral svcs establishments (All license types) $25.00

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Funeral directors/embalmers 5-33.2-16(a) Intern registration fee

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Funeral Services establishments $25.00.

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Nurses 5-34-12 RN Application fee $135.00

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Nurses 5-34-16 LPN Application fee $45.00

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Nurses 5-34-19 Renewal fee: RN $135.00

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Nurses 5-34-19 Renewal fee: LPN $45.00

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Nurses 5-34-37 RNP application fee $80.00

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Nurses 5-34-37 RNP renewal fee $80.00

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Nurses 5-34-37 RNP prescriptive privileges $65.00

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Nurses 5-34-40.3 Clin nurse spec application $80.00

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Nurses 5-34-40.3 Clin nurse spec renewal $80.00

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Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00

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Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00

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Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00

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Optometrists 5-35.1-4 Application fee $280.00

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Optometrists 5-35.1-7 Renewal fee $280.00

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Optometrists 5-35.1-7 Late fee $90.00

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Optometrists 5-35.1-7 Reactivation of license fee $65.00

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Optometrists 5-35.1-19(b) Violations of section $650.00

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Optometrists 5-35.1-20 Violations of chapter $260.00

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Opticians 5-35.2-3 Application fee $30.00

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Physicians 5-37-2 Application fee $1,090.00

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Physicians 5-37-2 Re-examination fee $1,090.00

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Physicians 5-37-10(b) Late renewal fee $170.00

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Physicians 5-37-16 Limited registration fee $65.00

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Physicians 5-37-16.1 Ltd reg: academic faculty $600.00

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Physicians 5-37-16.1 Ltd reg: academic Faculty renewal $170.00

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Acupuncture 5-37.2-10 Application fee $310.00

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Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00

 

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Licensure fee $170.00

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Social workers 5-39.1-9 Application fee $70.00

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Social workers 5-39.1-9 Renewal fee $70.00

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Physical therapists 5-40-8 Application fee $155.00

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Physical therapists 5-40-8.1 Application: physical therapy

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assistants $50.00

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Physical therapists 5-40-10(a) Renewal fee: Physical therapists $155.00

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Physical therapists 5-40-10(a) Renewal fee: Physical therapy

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assistants $50.00

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Physical therapists 5-40-10[c] Late renewals $50.00

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Occupational therapists 5-40.1-12(2) Renewal fee $140.00

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Occupational therapists 5-40.1-12(5) Late renewal fee $50.00

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Occupational therapists 5-40.1-12(b) Reactivation fee $140.00

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Occupational therapists 5-40.1-13 Application fee $140.00

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Psychologists 5-44-12 Application fee $230.00

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Psychologists 5-44-13 Temporary permit $120.00

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Psychologists 5-44-15[c] Renewal fee $230.00

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Psychologists 5-44-15(e) Late renewal fee $50.00

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Nursing home administrators 5-45-10 Renewal fee $160.00

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Speech pathologist/audiologists 5-48-1(14) Speech lang support personnel:

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late filing $90.00

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Speech pathologist/audiologists 5-48-9(a) Application fee: Audiologist $65.00

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Speech pathologist/audiologists 5-48-9(a) Application fee:

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Speech Pathologist $145.00

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Speech pathologist/audiologists 5-48-9(a) Renewal fee: Audiologist $65.00

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Speech pathologist/audiologists 5-48-9(a) Renewal fee: Speech Pathologist $145.00

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Speech pathologist/audiologists 5-48-9(a) Provisional license: renewal fee $65.00

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Speech pathologist/audiologists 5-48-9(b) Late renewal fee $50.00

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Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

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Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

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speech pathologists $145.00

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personnel: late filing $65.00

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Hearing aid dealers/fitters 5-49-6(a) License endorsement Examination fee $25.00

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Hearing aid dealers/fitters 5-49-8(b) Temporary permit fee $25.00

 

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Hearing aid dealers/fitters 5-49-8(d) Temporary permit renewal fee $35.00

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Hearing aid dealers/fitters 5-49-11(a)(1) License fee $25.00

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Hearing aid dealers/fitters 5-49-11(b) License renewal fee $25.00

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Hearing aid dealers/fitters 5-49-11[c] License renewal late fee $25.00

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Physician assistants 5-54-9(4) Application fee $110.00

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Physician assistants 5-54-11(b) Renewal fee $110.00

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Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00

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Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00

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Athletic trainers 5-60-11 Application fee $60.00

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Athletic trainers 5-60-11 Renewal fee $60.00

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Athletic trainers 5-60-11 Late renewal fee $25.00

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Mental health counselors 5-63.2-16 Application fee: Marriage

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Marriage and family therapists Family therapist $130.00

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Mental health counselors 5-63.2-16 Application fee: Mental

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Marriage and family therapists Health counselors $70.00

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Mental health counselors 5-63.2-16 Reexamination fee:

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Marriage and family therapists Marriage/family therapist $130.00

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Mental health counselors 5-63.2-16 Reexamination fee:

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Marriage and family therapists Mental health counselors $70.00

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Mental health counselors 5-63.2-17(a) Renewal fee: Marriage

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Marriage and Family therapists Family therapist $130.00

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Mental health counselors 5-63.2-17(a) Renewal fee:

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Marriage and Family therapist Mental health counselor $50.00

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Mental health counselors 5-63.2-17(b) Late renewal fee

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Marriage and Family therapist Marriage and family therapist $90.00

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Dieticians 5-64-6(b) Application fee $75.00

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Dieticians 5-64-7 Graduate status: Application fee: $75.00

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Dieticians 5-64-8 Renewal fee $75.00

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Dieticians 5-64-8 Reinstatement fee $75.00

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Radiologic technologists 5-68.1-10 Application fee maximum $190.00

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Licensed chemical dependency 5-69-9 Application fee $75.00

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professionals

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Licensed chemical dependency 5-69-9 Renewal fee $75.00

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professionals

 

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Licensed chemical 5-69-9 Application fee $75.00

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Licensed chemical dependency 5-69-9 Application fee $75.00

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clinical supervisor

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Licensed chemical dependency 5-69-9 Renewal fee $75.00

5

clinical supervisor

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Deaf interpreters 5-71-8(a)(3) License fee maximum $25.00

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Deaf interpreters 5-71-8(a)(3) License renewal fee $25.00

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Milk producers 21-2-7(g)(1) In-state milk processor $160.00

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Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00

10

Milk producers 21-2-7(g)(3) Milk distributors $160.00

11

Frozen desserts 21-9-3(1) In-state wholesale $550.00

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Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00

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Frozen desserts 21-9-3(3) Retail frozen dess processors $160.00

14

Meats 21-11-4 Wholesale $160.00

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Meats 21-11-4 Retail $40.00

16

Shellfish packing houses 21-14-2 License fee: Shipper/reshipper $320.00

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Shellfish packing houses 21-14-2 License fee: Shucker packer/repacker $390.00

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Non-alcoholic bottled beverages,

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drinks & juices 21-23-2 Bottler permit $550.00

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Non-alcoholic bottled beverages,

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drinks and juices 21-23-2 Bottle apple cider fee $60.00

22

Farm home food manufacturers 21-27-6.1(4) Registration fee $65.00

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Cottage food manufacturers 21-27-6.2(4) Registration fee $65.00

24

Food businesses 21-27-10(e)(1) Food processors wholesale $300.00

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Food businesses 21-27-10(e)(2) Food processors retail $120.00

26

Food businesses 21-27-10(e)(3) Food service establishments

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50 seats or less $160.00

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Food businesses 21-27-10(e)(3) Food service establishments

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more than 50 seats $240.00

30

Food businesses 21-27-10(e)(3) Mobile food service units $100.00

31

Food businesses 21-27-10(e)(3) Industrial caterer or food vending

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Machine commissary $280.00

33

Food businesses 21-27-10(e)(3) Cultural heritage educational Facility $80.00

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Food businesses 21-27-10(e)(4) Vending Machine Location

 

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3 units or less $50.00

2

Food businesses 21-27-10(e)(4) Vending Machine Location

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4-10 units $100.00

4

Food businesses 21-27-10(e)(4) Vending Machine Location =

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11 units $120.00

6

Food businesses 21-27-10(e)(5) Retail Mkt 1-2 cash registers $120.00

7

Food businesses 21-27-10(e)(5) Retail Market 3-5 cash registers $240.00

8

Food businesses 21-27-10(e)(5) Retail Market = 6 Cash registers $510.00

9

Food businesses 21-27-10(e)(6) Retail food peddler $100.00

10

Food businesses 21-27-10(e)(7) Food warehouses $190.00

11

Food businesses 21-27-11.2 Certified food safety mgr $50.00

12

License verification fee 23-1-16.1 All license types $50.00

13

Tattoo and body piercing 23-1-39 Annual registration fee: Person $90.00

14

Tattoo and body piercing 23-1-39 Annual registration fee: establishment $90.00

15

Vital records 23-3-25(a)(1) Certificate of birth, fetal death,

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death, marriage, birth, or

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Certification that such record

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Cannot be found $20.00

19

Vital records 23-3-25(a)(1) Each duplicate of certificate of

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birth, fetal death, death,

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marriage, birth, or certification

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that such record cannot be found $15.00

23

Vital records 23-3-25(a)(2) Each additional calendar year

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Search, if within 3 months of

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original search and if receipt of

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original search presented $2.00

27

Vital records 23-3-25(a)(3) Expedited service $7.00

28

Vital records 23-3-25(a)(4) Adoptions, legitimations, or

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Paternity determinations $15.00

30

Vital records 23-3-25(a)(5) Authorized corrections,

31

Alterations, and additions $10.00

32

Vital records 23-3-25(a)(6) Filing of delayed record and

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Examination of documentary Proof $20.00

34

Vital records 23-3-25(a)(6) Issuance of certified copy of a

 

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delayed record $20.00

2

Medical Examiner 23-4-13 Autopsy reports $40.00

3

Medical Examiner 23-4-13 Cremation certificates and statistics $30.00

4

Medical Examiner 23-4-13 Testimony in civil suits:

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Minimum/day $650.00

6

Medical Examiner 23-4-13 Testimony in civil suits:

7

Maximum/day $3,250.00

8

Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance

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service maximum $540.00

10

Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle license

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maximum $275.00

12

Emergency medical technicians 23-4.1-10[c] Triennial fee: EMT license

13

maximum $120.00

14

Emergency medical technicians 23-4.1-10(c)(2) Exam fee maximum: EMT $120.00

15

Emergency medical technicians 23-4.1-10(c)(2) Vehicle inspection maximum $190.00

16

Clinical laboratories 23-16.2-4(a) Clinical laboratory license per

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specialty $650.00

18

Clinical laboratories 23-16.2-4(a) Laboratory station license $650.00

19

Clinical laboratories 23-16.2-4(b) Permit fee $70.00

20

Health care facilities 23-17-38 Hospital: base fee annual $16,900.00

21

Health care facilities 23-17-38 Hospital: annual per bed fee $120.00

22

Health care facilities 23-17-38 ESRD: annual fee $3,900.00

23

Health care facilities 23-17-38 Home nursing care/home

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Care providers $650.00

25

Health care facilities 23-17-38 OACF: annual fee $650.00

26

Assisted living residences/

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administrators 23-17.4-15.2(d) License application fee: $220.00

28

Assisted living residences/

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administrators 23-17.4-15.2(d) License renewal fee: $220.00

30

Assisted living residences 23-17.4-31 Annual facility fee: base $330.00

31

Assisted living residences 23-17.4-31 Annual facility per bed $70.00

32

Nursing assistant registration 23-17.9-3 Application: competency

33

evaluation training program

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maximum $325.00

 

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Nursing assistant registration 23-17.9-5 Application fee $35.00

2

Nursing assistant registration 23-17.9-5 Exam fee: skills proficiency $170.00

3

Nursing assistant registration 23-17.9-6 Registration fee $35.00

4

Nursing assistant registration 23-17.9-7 Renewal fee $35.00

5

Sanitarians 23-19.3-5(a) Registration fee $25.00

6

Sanitarians 23-19.3-5(b) Registration renewal $25.00

7

Massage therapy 23-20.8-3(e) Massage therapist appl fee $65.00

8

Massage therapy 23-20.8-3(e) Massage therapist renewal fee $65.00

9

Recreational facilities 23-21-2 Application fee $160.00

10

Swimming pools 23-22-6 Application license: first pool $250.00

11

Swimming pools 23-22-6 Additional pool fee at same location $75.00

12

Swimming pools 23-22-6 Seasonal application license:

13

first pool $150.00

14

Swimming pools 23-22-6 Seasonal additional pool fee at

15

same location $75.00

16

Swimming pools 23-22-6 Year-round license for non-profit $25.00

17

Swimming pools 23-22-10 Duplicate license $2.00

18

Swimming pools 23-22-12 Penalty for violations $50.00

19

Respiratory care practitioners 23-39-11 Application fee $60.00

20

Respiratory care practitioners 23-39-11 Renewal fee $60.00

21

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - SANITATION IN FOOD ESTABLISHMENTS

***

1

     This act would allow cottage food manufacturers upon registration with the department of

2

health and direct the department to permit home food manufacture and sales direct to consumers;

3

provided, the standards for kitchens in Rhode Island's minimum housing standard laws as well as

4

housing maintenance and occupancy codes are met in addition to a specified list of requirements

5

and standards. The registration fee would be set at sixty-five dollars ($65.00).

6

     This act would take effect upon passage.

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