S2705

	2012 -- S 2705
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	LC01762
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2012

	____________


	A N A C T
	RELATING TO BUSINESSES AND PROFESSIONS


	Introduced By: Senators Perry, Miller, DeVall, and Nesselbush

	Date Introduced: March 06, 2012

	Referred To: Senate Corporations




	It is enacted by the General Assembly as follows:

1-1	SECTION 1. Section 5-3.1-12 of the General Laws in Chapter 5-3.1 entitled "Public
1-2	Accountancy" is hereby amended to read as follows:
1-3	5-3.1-12. Revocation or suspension of certificate, authority or permit. -- (a) After
1-4	notice and a hearing as provided in section 5-3.1-14, the board may: (1) suspend, for a period not
1-5	to exceed two (2) years, or revoke any certificate issued under section 5-3.1-5, or any predecessor
1-6	provision, and any authority as a public accountant issued under the prior laws of this state; (2)
1-7	revoke or suspend any permit issued under sections 5-3.1-7, 5-3.1-8, 5-3.1-9, or their predecessor
1-8	provisions; and (3) reprimand or censure in writing, limit the scope of practice, impose an
1-9	administrative fine upon, not to exceed one thousand dollars ($1,000), or place on probation, all
1-10	with or without terms, conditions, or limitations, a licensee, for any of the causes specified in
1-11	subsection (b) of this section.
1-12	(b) The board may take action specified in subsection (a) of this section for any one or
1-13	more of the following causes:
1-14	(1) Fraud or deceit in obtaining a certificate or permit under this chapter;
1-15	(2) Dishonesty, fraud, or gross negligence in the practice of public accounting or in the
1-16	filing or failing to file the licensee's own income tax returns;
1-17	(3) Violation of any of the provisions of this chapter;
1-18	(4) Violation of any rules and regulations, including, but not limited to, any rules of
1-19	professional conduct, promulgated by the board under the authority granted by this chapter;
2-20	(5) Conviction of, or pleading guilty or nolo contendere to, a crime or an act constituting
2-21	a crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny,
2-22	extortion, conspiracy to defraud, misappropriation of funds, tax evasion, or any other similar
2-23	offense or offenses ~~involving moral turpitude~~, in a court of competent jurisdiction of this or any
2-24	other state or in federal court;
2-25	(6) Cancellation, revocation, or suspension of, or refusal to renew, the licensee's
2-26	certificate or permit from another state by the other state for any cause other than failure to pay a
2-27	fee or to meet the requirements of continuing education in that other state;
2-28	(7) Suspension or revocation of the right to practice public accounting before any state or
2-29	federal agency;
2-30	(8) As to accountants licensed by foreign countries, cancellation, revocation, suspension,
2-31	or refusal to renew the person's certificate, license, or degree evidencing his or her qualification to
2-32	practice public accounting by the foreign country issuing the certificate, license, or degree, the
2-33	certificate, license, or degree having qualified the accountant for issuance of an annual limited
2-34	permit to practice under section 5-3.1-8;
2-35	(9) Failure to furnish the board or any persons acting on behalf of the board any
2-36	information that is legally requested by the board;
2-37	(10) Any conduct reflecting adversely upon the licensee's fitness to engage in the
2-38	practice of public accountancy; and
2-39	(11) Any other conduct discreditable to the public accounting profession.
2-40	SECTION 2. Section 5-5.1-18 of the General Laws in Chapter 5-5.1 entitled "Private
2-41	Security Guard Businesses" is hereby amended to read as follows:
2-42	5-5.1-18. Registration. -- (a) Except as provided in this chapter, no person shall perform
2-43	the functions and duties of an employee of a business required to be licensed under this chapter in
2-44	this state, without first having been registered or licensed. The attorney general shall keep and
2-45	make available for public inspection a list of all persons who have been registered or licensed and
2-46	the name of the company employing the person at the time of registration or licensure.
2-47	(b) No holder of any unexpired license issued pursuant to this chapter shall knowingly
2-48	employ any person who has been convicted of a felony in connection with his or her or its
2-49	business in any capacity. Should the holder of an unexpired license falsely state or represent that
2-50	a person is or has been in his or her employ, that false statement or misrepresentation is sufficient
2-51	cause for the revocation of the license.
2-52	(c) No person shall be employed by any holder of a license until he or she has executed
2-53	and furnished to the license holder a verified statement, to be known as "employee's registration
2-54	statement," stating:
3-1	(1) His or her full name, age, residence address, and place and date of birth;
3-2	(2) The country of which he or she is a citizen;
3-3	(3) The business or occupation engaged in for the five (5) years immediately preceding
3-4	the date of the filing of the statement, stating the place or places where the business or occupation
3-5	was engaged in, and the name or names of any employers;
3-6	(4) That he or she has not been convicted of a felony ~~or of any offense involving moral~~
3-7	~~turpitude~~; and
3-8	(5) Any further information that the attorney general may by rule require to show the
3-9	good character, competency, and integrity of the person executing the statement.
3-10	(d) All holders of a license shall be allowed to obtain a criminal background check on
3-11	any employee or prospective employee from the division of criminal identification for a fee
3-12	determined by the department of the attorney general.
3-13	(e) If any holder of a license files with the attorney general the "employee's statement" of
3-14	a person other than the person employed, he or she is guilty of a felony.
3-15	SECTION 3. Section 5-8-18 of the General Laws in Chapter 5-8 entitled "Engineers" is
3-16	hereby amended to read as follows:
3-17	5-8-18. Suspension, refusal to renew, and revocation of certificates -- Complaints --
3-18	Hearings. -- (a) After notice and a hearing as provided in this section, the board may in its
3-19	discretion: (1) suspend, revoke, or refuse to renew any certificate of registration; (2) revoke or
3-20	suspend or refuse to renew any certificate of authorization; (3) publicly censure, or reprimand or
3-21	censure in writing; (4) limit the scope of practice of; (5) impose an administrative fine upon, not
3-22	to exceed one thousand dollars ($1,000) for each violation; (6) place on probation; and/or (7) for
3-23	good cause shown order a reimbursement of the board for all fees, expenses, costs, and attorneys
3-24	fees in connection with the proceedings, which amounts shall be deposited as general revenues;
3-25	all with or without terms, conditions or limitations, holders of a certificate of registration or a
3-26	certificate of authorization, referred to as licensee(s), for any one or more of the causes set out in
3-27	subsection (b) of this section.
3-28	(b) The board may take actions specified in subsection (a) of this section for any of the
3-29	following causes:
3-30	(1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or
3-31	certificate of authorization;
3-32	(2) Practicing engineering in another state or country or jurisdiction in violation of the
3-33	laws of that state or country or jurisdiction;
4-34	(3) Practicing engineering in this state in violation of the standards of professional
4-35	conduct established by the board;
4-36	(4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the
4-37	practice of engineering;
4-38	(5) Use of an engineer's stamp in violation of section 5-8-14;
4-39	(6) Violation of any of the provisions of this chapter;
4-40	(7) Suspension or revocation of the right to practice engineering before any state or
4-41	before any other country or jurisdiction;
4-42	(8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of,
4-43	or an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,
4-44	bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses
4-45	~~involving moral turpitude~~, in a court of competent jurisdiction of this state or any other state or of
4-46	the federal government;
4-47	(9) Failure to furnish to the board or any person acting on behalf of the board in a
4-48	reasonable time any information that may be legally requested by the board;
4-49	(10) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any
4-50	conduct reflecting adversely upon the licensee's fitness to engage in the practice of engineering;
4-51	and
4-52	(11) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any
4-53	other conduct discreditable to the engineering profession.
4-54	(c) Any person may file complaints of fraud, deceit, gross negligence, incompetence, or
4-55	misconduct against any registrant. Those charges shall be in writing, sworn to by the person or
4-56	persons making them and filed with the board.
4-57	(d) All charges, unless dismissed by the board as unfounded or trivial, shall be heard by
4-58	the board within six (6) months after the date on which they have been properly filed or within six
4-59	(6) months following resolution of similar charges that have been brought against a registrant
4-60	who is before another regulatory body.
4-61	(e) The time and place for the hearing pursuant to subsection (d) of this section shall be
4-62	fixed by the board, and a copy of charges, together with a notice of the time and place of hearing,
4-63	shall be personally served on or mailed to the last known address of the registrant, at least thirty
4-64	(30) days before the date fixed for the hearing. At any hearing, the accused registrant shall have
4-65	the right to appear personally and/or by counsel, to cross-examine witnesses appearing against
4-66	him or her, and to produce evidence and witnesses in his or her own defense.
4-67	(f) If, after the hearing pursuant to subsection (d) of this section, the evidence is in favor
4-68	of sustaining the charges, the board may in its discretion suspend, refuse to renew, or revoke the
5-1	certificate of registration or certificate of authorization, or publicly censure the licensee, or take
5-2	any other action and/or order any other penalty permitted by this section. The board, for reasons it
5-3	deems sufficient, may reissue a certificate of registration or certificate of authorization or renewal
5-4	to any person or firm whose certificate has been revoked.
5-5	(g) In addition, the board may on its own motion investigate the conduct of an applicant,
5-6	engineer, sole proprietorship, partnership, limited liability partnership, corporation, limited
5-7	liability company or individual.
5-8	SECTION 4. Section 5-8.1-15 of the General Laws in Chapter 5-8.1 entitled "Land
5-9	Surveyors" is hereby amended to read as follows:
5-10	5-8.1-15. Board of registration for professional land surveyors -- Disciplinary
5-11	actions. -- (a) Revocation, suspension, and censure. - After notice and a hearing as provided in
5-12	this section, the board of land surveyors may in its discretion: (1) suspend, revoke, or refuse to
5-13	renew any certificate of registration; (2) revoke or suspend or refuse to renew any certificate of
5-14	authorization; (3) publicly censure, or reprimand or censure in writing; (4) limit the scope of
5-15	practice of; (5) impose an administrative fine, not to exceed one thousand dollars ($1,000) for
5-16	each violation; (6) place on probation; and/or (7) for good cause shown order a reimbursement of
5-17	the board for all fees, expenses, costs, and attorneys' fees in connection with the proceedings,
5-18	which amounts shall deposited as general revenues; all with or without terms, conditions or
5-19	limitations, holders of a certificate of registration or a certificate of authorization, hereafter
5-20	referred to as registrant(s), for any one or more of the causes set out in subsection (b) of this
5-21	section.
5-22	(b) Grounds. - The board may take actions specified in subsection (a) of this section for
5-23	any of the following causes:
5-24	(1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or
5-25	certificate of authorization;
5-26	(2) Practicing land surveying in another state or country or jurisdiction in violation of the
5-27	laws of that state, country, or jurisdiction;
5-28	(3) Practicing land surveying in this state in violation of the standards of professional
5-29	conduct established by the board;
5-30	(4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the
5-31	practice of land surveying;
5-32	(5) Use of a land surveyor's stamp in violation of section 5-8.1-12;
5-33	(6) Violation of any of the provisions of this chapter;
6-34	(7) Suspension or revocation of the right to practice land surveying before any state or
6-35	before any other country or jurisdiction;
6-36	(8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of,
6-37	or an act constituting a crime of, forgery, embezzlement, obtaining money under the false
6-38	pretenses, bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or
6-39	offenses ~~involving moral turpitude~~, in a court of competent jurisdiction of this state or any other
6-40	state or of the federal government;
6-41	(9) Failure to furnish to the board or any person acting on behalf thereof in a reasonable
6-42	time such information as may be legally requested by the board;
6-43	(10) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any
6-44	conduct reflecting adversely upon the registrant's fitness to engage in the practice of land
6-45	surveying; and
6-46	(11) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any
6-47	other conduct discreditable to the land surveying profession.
6-48	(c) Procedures. - (1) Any person may prefer charges of fraud, deceit, gross negligence,
6-49	incompetence, or misconduct against any applicant or registrant. In addition, the board may, on
6-50	its own motion, investigate the conduct of an applicant or registrant of the board, and may in
6-51	appropriate cases file a written statement of charges with the secretary of the board. The charges
6-52	shall be in writing and shall be sworn to by the person or persons making them and shall be filed
6-53	with the board of land surveyors. All charges, unless dismissed by the board of land surveyors as
6-54	unfounded or trivial, shall be heard by the board within three (3) months after the date on which
6-55	they were referred.
6-56	(2) The time and place for the hearing shall be fixed by the board of land surveyors, and
6-57	a copy of the charges, together with a notice of the time and place of the hearing, shall be
6-58	personally served on or mailed to the last known address of the registrant at least thirty (30) days
6-59	before the date fixed for the hearing. At any hearing, the accused registrant or applicant has the
6-60	right to appear personally and/or by counsel, to cross examine witnesses appearing against him or
6-61	her, and to produce evidence and witnesses in his or her defense.
6-62	(3) If, after the hearing, the charges are sustained, the board of land surveyors may in its
6-63	discretion suspend, refuse to renew, or revoke the certificate of registration, or certificate of
6-64	authorization or publicly censure the registrant, or take any other action and/or order any other
6-65	penalty permitted by this section.
6-66	(4) The board of land surveyors may, at its discretion, reissue a certificate of registration
6-67	or certificate of authorization or renewal to any person or firm denied registration under this
6-68	section or upon presentation of satisfactory evidence of reform and/or redress.
7-1	(d) Legal counsel. - The board of land surveyors may employ counsel and necessary
7-2	assistance to aid in the enforcement of this chapter, and their compensation and expenses shall be
7-3	paid from the funds budgeted for and under the control of the board.
7-4	(e) Nothing in this chapter shall prevent the board of land surveyors from charging one
7-5	or both parties a fee for the direct costs associated with hearings and transcripts.
7-6	SECTION 5. Section 5-25-14 of the General Laws in Chapter 5-25 entitled "Veterinary
7-7	Practice" is hereby amended to read as follows:
7-8	5-25-14. Grounds for refusal to issue, refusal to renew, revoke, or suspend a license.
7-9	-- The division has the power to deny, revoke or suspend any license issued under this chapter or
7-10	otherwise discipline a licensee upon proof of the following:
7-11	(1) Conviction of a ~~crime involving moral turpitude; conviction of a~~ felony; and
7-12	conviction of a crime arising out of the practice of veterinary medicine;
7-13	(2) Addiction to narcotics, habitual drunkenness, or rendering professional services to a
7-14	patient while the veterinarian is intoxicated or incapacitated by the use of drugs;
7-15	(3) Knowingly placing the health of a client at serious risk without maintaining proper
7-16	precautions;
7-17	(4) Fraud or misrepresentation in any phase of procuring or renewing a license;
7-18	(5) Unprofessional conduct, which includes the matters set forth in the section or other
7-19	matters as further defined in regulations of the division;
7-20	(6) Advertising designed to mislead the public;
7-21	(7) Representing certain procedures are performed with greater authority or expertise;
7-22	(8) Fraud or misrepresentation of treatment procedures or statements regarding the
7-23	ability to treat;
7-24	(9) Fee splitting or kickbacks of any kind, except where services are provided jointly;
7-25	(10) Failure to maintain acceptable sanitation standards;
7-26	(11) Malpractice, gross negligence, or wanton disregard of accepted professional
7-27	standards;
7-28	(12) Adjudication of mental incompetence;
7-29	(13) Lack of fitness to practice by reason of mental or physical impairment or otherwise;
7-30	or
7-31	(14) Any other grounds to deny, revoke or suspend a license as provided for in the rules
7-32	and regulations.
7-33	SECTION 6. Sections 5-29-12 and 5-29-16 of the General Laws in Chapter 5-29 entitled
7-34	"Podiatrists" are hereby amended to read as follows:
8-1	5-29-12. Refusal of licensure. -- (a) The director upon recommendation from the board
8-2	shall, after due notice and a hearing in accordance with procedures set forth in this chapter, refuse
8-3	to grant the original license provided for in this chapter to any podiatrist and/or applicant who is
8-4	not of good moral character, who does not meet the requirements for licensure set forth in this
8-5	chapter and regulations established by the board or director, who has violated any law ~~involving~~
8-6	~~moral turpitude or~~ affecting the ability of any podiatrist and/or applicant to practice podiatry or
8-7	who has been found guilty in another state of conduct which if committed in Rhode Island would
8-8	constitute unprofessional conduct as defined by the general laws and regulations adopted pursuant
8-9	to the general laws.
8-10	(b) The director shall serve a copy of the decision or ruling upon any person whose
8-11	original certificate has been refused.
8-12	5-29-16. Unprofessional conduct. -- The term "unprofessional conduct" as used in this
8-13	chapter includes, but is not limited to, the following items or any combination of them and may
8-14	be further defined by regulations established by the board with the approval of the director:
8-15	(1) Fraudulent or deceptive procuring or use of a license of limited registration;
8-16	(2) All advertising of podiatry business, which is intended or has a tendency to deceive
8-17	the public;
8-18	(3) Conviction of a ~~crime involving moral turpitude; conviction of a~~ felony; conviction
8-19	of a crime arising out of the practice of podiatry;
8-20	(4) Abandonment of patient;
8-21	(5) Dependence upon a controlled substance, habitual drunkenness or rendering
8-22	professional services to a patient while the podiatrist or limited registrant is intoxicated or
8-23	incapacitated by the use of drugs;
8-24	(6) Promotion by a podiatrist, or limited registrant of the sale of drugs, devices,
8-25	appliances, or goods or services provided for a patient in a manner that exploits the patient for the
8-26	financial gain of the podiatrist or limited registrant;
8-27	(7) Immoral conduct of a podiatrist, or limited registrant in the practice of podiatry;
8-28	(8) Willfully making and filing false reports or records in the practice of podiatry;
8-29	(9) Willful omission to file or record, or willfully impeding or obstructing a filing or
8-30	recording, or inducing another person to omit to file or record podiatry/medical or other reports as
8-31	required by law;
8-32	(10) Failure to furnish details of a patient's medical record to a succeeding podiatrist or
8-33	medical facility upon proper request pursuant to this chapter;
9-34	(11) Solicitation of professional patronage by agents or persons or profiting from acts of
9-35	those representing themselves to be agents of the licensed podiatrist or limited registrant;
9-36	(12) Division of fees or agreeing to split or divide the fees received for professional
9-37	services for any person for bringing to or referring a patient;
9-38	(13) Agreeing with clinical or bio-analytical laboratories to accept payments from those
9-39	laboratories for individual tests or test series for patients, or agreeing with podiatry laboratories to
9-40	accept payment from those laboratories for work referred;
9-41	(14) Willful misrepresentation in treatment;
9-42	(15) Practice podiatry with an unlicensed podiatrist except in accordance with the rules
9-43	and regulations of the board of aiding or abetting those unlicensed persons in the practice of
9-44	podiatry;
9-45	(16) Gross and willful overcharging for professional services; including filing of false
9-46	statements for collection of fees for which services are not rendered or willfully making or
9-47	assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in
9-48	determining rights to podiatric care or other benefits;
9-49	(17) Offering, undertaking or agreeing to cure or treat disease by a secret method,
9-50	procedure, treatment, or medicine;
9-51	(18) Professional or mental incompetence;
9-52	(19) Incompetent, negligent, or willful misconduct in the practice of podiatry which
9-53	includes the rendering of unnecessary podiatry services and any departure from or the failure to
9-54	conform to the minimal standards of acceptable and prevailing podiatry practice in his or her area
9-55	of expertise as is determined by the board. The board does not need to establish actual injury to
9-56	the patient in order to adjudge a podiatrist or limited registrant to be guilty of unprofessional
9-57	conduct;
9-58	(20) Revocation, suspension, surrender, or limitation of privilege based on quality of
9-59	care provided or any other disciplinary action against a license to practice podiatry in another
9-60	state or jurisdiction, or revocation, suspension, surrender or other disciplinary action as to
9-61	membership on any podiatry staff or in any podiatry or professional association or society for
9-62	conduct similar to acts or conduct which would constitute grounds for action as set forth in this
9-63	chapter;
9-64	(21) Any adverse judgment, settlement or award arising from a medical liability claim
9-65	related to acts or conduct similar to acts or conduct which would constitute grounds for action as
9-66	defined in this chapter or regulations adopted pursuant to this chapter;
9-67	(22) Failure to furnish the board, its director, investigator, or representative, information
9-68	legally requested by the board;
10-1	(23) Violation of any provisions of this chapter or the rules and regulations of the board
10-2	or any rules and regulations promulgated by the director or of an action, stipulation, or agreement
10-3	of the board;
10-4	(24) Cheating on or attempting to subvert the licensing examination;
10-5	(25) Violating any state or federal law or regulation relating to controlled substances;
10-6	(26) Failure to maintain standards established by peer review boards, including but not
10-7	limited to standards related to proper utilization of services, and use of non-accepted procedure
10-8	and/or quality of care; or
10-9	(27) A podiatrist providing services to a person who is making a claim as a result of a
10-10	personal injury, who charges or collects from the person any amount in excess of the
10-11	reimbursement to the podiatrist by the insurer as a condition of providing or continuing to provide
10-12	services or treatment.
10-13	SECTION 7. Section 5-30-13 of the General Laws in Chapter 5-30 entitled "Chiropractic
10-14	Physicians" is hereby amended to read as follows:
10-15	5-30-13. Continuing education requirements -- Grounds for refusal, revocation, or
10-16	suspension of certificates. -- (a) The division of professional regulation of the department of
10-17	health may, after notice and a hearing, in its discretion refuse to grant the certificate provided for
10-18	in this chapter to any chiropractic physician if the applicant has not furnished satisfactory
10-19	evidence that he or she has completed, in the twelve (12) months preceding each renewal date, at
10-20	least twelve (12) hours of instruction in chiropractic related subjects as conducted by the
10-21	Chiropractic Society of Rhode Island or the equivalent as approved by the division. Satisfactory
10-22	evidence of completion of postgraduate study of a type and character, or at an educational session
10-23	or institution approved by the division, is considered equivalent. Every chiropractic physician
10-24	licensed to practice within this state, on or before the thirty-first day of October of every third
10-25	year after the 1980 registration, shall apply to the Rhode Island state board of chiropractic
10-26	examiners for certification of triennial registration with the board. The division may, after notice
10-27	and a hearing, in its discretion refuse to grant the certificate provided for in this chapter to any
10-28	chiropractic physician, if the applicant has not furnished satisfactory evidence to the board of
10-29	examiners that in the preceding three (3) years the practitioner has completed sixty (60) hours of
10-30	instruction in chiropractic related subjects prescribed by the rules and regulations by the board of
10-31	chiropractic examiners as conducted by the Chiropractic Society of Rhode Island or the
10-32	equivalent as approved by the division. Satisfactory evidence of completion of postgraduate study
10-33	of a type and character, or at an educational session or institution approved by the division, is
10-34	considered equivalent. The division may waive the educational requirements if the division is
11-1	satisfied that an applicant has suffered a hardship or for any other sufficient reason was prevented
11-2	from meeting the educational requirements.
11-3	(b) The division of professional regulation of the department of health may, after notice
11-4	and hearings, in its discretion refuse to grant the certificate provided for in this chapter to any
11-5	chiropractic physician who is not of good moral character, or who has violated any of the laws of
11-6	the state ~~involving moral turpitude or~~ affecting the ability of any chiropractic physician to
11-7	practice chiropractic medicine, or who has been guilty of gross unprofessional conduct or conduct
11-8	of a character likely to deceive or defraud the public, and may, after notice and hearing, revoke or
11-9	suspend any certificate issued or granted by it for like cause or for any fraud or deception
11-10	committed in obtaining the certificate. "Gross unprofessional conduct" is defined as including,
11-11	but not being limited to:
11-12	(1) The use of any false or fraudulent statement in any document connected with the
11-13	practice of chiropractic medicine.
11-14	(2) The obtaining of any fee by willful fraud or misrepresentation either to a patient or
11-15	insurance plan.
11-16	(3) The willful violation of a privileged communication.
11-17	(4) Knowingly performing any act which in any way aids or assists an unlicensed person
11-18	to practice chiropractic medicine in violation of this chapter.
11-19	(5) The practice of chiropractic medicine under a false or assumed name.
11-20	(6) The advertising for the practice of chiropractic medicine in a deceptive or unethical
11-21	manner.
11-22	(7) The obtaining of a fee as personal compensation or gain for an employer or for a
11-23	person on a fraudulent representation that a manifestly incurable condition can be permanently
11-24	cured.
11-25	(8) Habitual intoxication or addiction to the use of drugs.
11-26	(9) Willful or repeated violations of any of the rules or regulations of the state
11-27	department of health.
11-28	(10) Gross incompetence in the practice of his or her profession.
11-29	(11) Repeated acts of immorality or repeated acts of gross misconduct in the practice of
11-30	his or her profession.
11-31	(12) The procuring or aiding or abetting in procuring a criminal abortion.
11-32	(13) A chiropractic physician providing services to a person who is making a claim as a
11-33	result of a personal injury who charges or collects from the person any amount in excess of the
11-34	reimbursement to the chiropractic physician by the insurer as a condition of providing or
12-1	continuing to provide services or treatment.
12-2	(c) The division of professional regulation of the department of health shall serve a copy
12-3	of its decision or ruling upon any person whose certificate has been revoked or refused.
12-4	SECTION 8. Sections 5-31.1-8 and 5-31.1-10 of the General Laws in Chapter 5-31.1
12-5	entitled "Dentists and Dental Hygienists" are hereby amended to read as follows:
12-6	5-31.1-8. Refusal of licensure. -- (a) The director upon recommendation from the board,
12-7	after notice and hearing in accordance with the procedures prescribed in this chapter, shall refuse
12-8	to grant the original license provided for in this chapter to any dentist, dental hygienist and/or
12-9	applicant who is not of good moral character, who does not meet the requirements for licensure
12-10	prescribed in this chapter and regulations established by the board or director, who has violated
12-11	any law ~~involving moral turpitude or~~ affecting the ability of any dentist, dental hygienist and/or
12-12	applicant to practice dentistry or dental hygiene, or who has been found guilty in another state of
12-13	conduct which if committed in Rhode Island would constitute unprofessional conduct as defined
12-14	in section 5-31.1-10 and regulations adopted under these chapters.
12-15	(b) The director shall serve a copy of his or her decision or ruling upon any person
12-16	whose original certificate has been refused.
12-17	5-31.1-10. Unprofessional conduct. -- The term "unprofessional conduct" as used in this
12-18	chapter includes, but is not limited to, the following items or any combination of them and may
12-19	be defined by regulations established by the board with the approval of the director:
12-20	(1) Fraudulent or deceptive procuring or use of a license or limited registration;
12-21	(2) All advertising of dental or dental hygiene business which is intended or has a
12-22	tendency to deceive the public or a dentist advertising as a specialty in an area of dentistry unless
12-23	the dentist:
12-24	(i) Is a diplomat of or a fellow in a specialty board accredited or recognized by the
12-25	American Dental Association; or
12-26	(ii) Has completed a post-graduate program approved by the Commission on Dental
12-27	Accreditation of the American Dental Association;
12-28	(3) Conviction of a ~~crime involving moral turpitude; conviction of a~~ felony; conviction
12-29	of a crime arising out of the practice of dentistry or of dental hygiene;
12-30	(4) Abandonment of patient;
12-31	(5) Dependence upon controlled substances, habitual drunkenness or rendering
12-32	professional services to a patient while the dentist or dental hygienist, or limited registrant is
12-33	intoxicated or incapacitated by the use of drugs;
13-34	(6) Promotion by a dentist, dental hygienist, or limited registrant of the sale of drugs,
13-35	devices, appliances, or goods or services provided for a patient in a manner as to exploit the
13-36	patient for the financial gain of the dentist, dental hygienist, or limited registrant;
13-37	(7) Immoral conduct of a dentist, dental hygienist, or limited registrant in the practice of
13-38	dentistry or dental hygiene;
13-39	(8) Willfully making and filing false reports or records in the practice of dentistry or
13-40	dental hygiene;
13-41	(9) Willful omission to file or record, or willfully impeding or obstructing a filing or
13-42	recording, or inducing another person to omit to file or record dental or other reports as required
13-43	by law;
13-44	(10) Failure to furnish details of a patient's dental record to succeeding dentists, or dental
13-45	care facility upon proper request pursuant to this chapter;
13-46	(11) Solicitation of professional patronage by agents or persons or profiting from acts of
13-47	those representing themselves to be agents of the licensed dentist, dental hygienist, or limited
13-48	registrant;
13-49	(12) Division of fees or agreeing to split or divide the fees received for professional
13-50	services for any person for bringing to or referring a patient;
13-51	(13) Agreeing with clinical or bio-analytical laboratories to accept payments from those
13-52	laboratories for individual tests or test series for patients, or agreeing with dental laboratories to
13-53	accept payment from those laboratories for work referred;
13-54	(14) Willful misrepresentation in treatments;
13-55	(15) Practicing dentistry with an unlicensed dentist or practicing dental hygiene with an
13-56	unlicensed dental hygienist except in an accredited training program, or with a dental assistant in
13-57	accordance with the rules and regulations of the board or aiding or abetting those unlicensed
13-58	persons in the practice of dentistry or dental hygiene;
13-59	(16) Gross and willful overcharging for professional services, including filing of false
13-60	statements for collection of fees for which services are not rendered or willfully making or
13-61	assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in
13-62	determining rights to dental care or other benefits;
13-63	(17) Offering, undertaking, or agreeing to cure or treat disease by a secret method,
13-64	procedure, treatment, or medicine;
13-65	(18) Professional or mental incompetence;
13-66	(19) Incompetent, negligent, or willful misconduct in the practice of dentistry or dental
13-67	hygiene, which includes the rendering of unnecessary dental services and any departure from or
13-68	the failure to conform to the minimal standards of acceptable and prevailing dental or dental
14-1	hygiene practice in his or her area of expertise as is determined by the board. The board does not
14-2	need to establish actual injury to the patient in order to adjudge a dentist, dental hygienist or
14-3	limited registrant guilty of the previously named misconduct;
14-4	(20) Failure to comply with the provisions of chapter 4.7 of title 23;
14-5	(21) Revocation, suspension, surrender, or limitation of privilege based on quality of
14-6	care provided or any other disciplinary action against a license to practice dentistry or dental
14-7	hygiene in another state or jurisdiction, or revocation, suspension, surrender, or other disciplinary
14-8	action as to membership on any dental staff or in any dental or professional association or society
14-9	for conduct similar to acts or conduct which would constitute grounds for action as prescribed in
14-10	this chapter;
14-11	(22) Any adverse judgment, settlement, or award arising from a dental liability claim
14-12	related to acts or conduct similar to acts or conduct which would constitute grounds for action as
14-13	defined in this chapter or regulations adopted under this chapter;
14-14	(23) Failure to furnish the board, its dental administrator, investigator, or representatives,
14-15	information legally requested by the board;
14-16	(24) Violation of any provision or provisions of this chapter or the rules and regulations
14-17	of the board or any rules and regulations promulgated by the director or of an action, stipulation
14-18	or agreement of the board;
14-19	(25) Cheating on or attempting to subvert the licensing examination;
14-20	(26) Violating any state or federal law or regulation relating to controlled substances;
14-21	(27) Failure to maintain standards established by peer review boards, including, but not
14-22	limited to, standards related to proper utilization of services, and use of non-accepted procedure
14-23	and/or quality of care;
14-24	(28) Malpractice as defined in section 5-37-1(8).
14-25	(29) No person licensed to practice dentistry in the state of Rhode Island may permit a
14-26	non-dentist who operates a dental facility in the form of a licensed out patient health care center
14-27	or management service organization to interfere with the professional judgment of the dentist in
14-28	the practice.
14-29	SECTION 9. Sections 5-37-4 and 5-37-5.1 of the General Laws in Chapter 5-37 entitled
14-30	"Board of Medical Licensure and Discipline" are hereby amended to read as follows:
14-31	5-37-4. Refusal of licensure. -- (a) The director at the direction of the board shall, after
14-32	notice and hearing, in accordance with the procedures established in sections 5-37-5.2 -- 5-37-6.2,
14-33	refuse to grant the original license provided for in this chapter to any physician and/or applicant:
15-34	(1) Who is not of good moral character;
15-35	(2) Who does not meet the requirements for licensure prescribed in this chapter,
15-36	regulations established by the board, and/or regulations promulgated by the director;
15-37	(3) Who has violated any laws ~~involving moral turpitude or~~ affecting the ability of any
15-38	physician and/or applicant to practice medicine; or
15-39	(4) Who has been found guilty in another state of conduct which, if committed in Rhode
15-40	Island, would constitute unprofessional conduct as defined in section 5-37-5.1 and regulations
15-41	adopted under that section.
15-42	(b) The director shall serve a copy of his or her decision or ruling upon any person
15-43	whose original certificate has been refused.
15-44	5-37-5.1. Unprofessional conduct. -- The term "unprofessional conduct" as used in this
15-45	chapter includes, but is not limited to, the following items or any combination of these items and
15-46	may be further defined by regulations established by the board with the prior approval of the
15-47	director:
15-48	(1) Fraudulent or deceptive procuring or use of a license or limited registration;
15-49	(2) All advertising of medical business, which is intended or has a tendency to deceive
15-50	the public;
15-51	(3) Conviction of a ~~crime involving moral turpitude; conviction of a~~ felony; conviction
15-52	of a crime arising out of the practice of medicine;
15-53	(4) Abandoning a patient;
15-54	(5) Dependence upon controlled substances, habitual drunkenness, or rendering
15-55	professional services to a patient while the physician or limited registrant is intoxicated or
15-56	incapacitated by the use of drugs;
15-57	(6) Promotion by a physician or limited registrant of the sale of drugs, devices,
15-58	appliances, or goods or services provided for a patient in a manner as to exploit the patient for the
15-59	financial gain of the physician or limited registrant;
15-60	(7) Immoral conduct of a physician or limited registrant in the practice of medicine;
15-61	(8) Willfully making and filing false reports or records in the practice of medicine;
15-62	(9) Willfully omitting to file or record, or willfully impeding or obstructing a filing or
15-63	recording, or inducing another person to omit to file or record, medical or other reports as
15-64	required by law;
15-65	(10) Failing to furnish details of a patient's medical record to succeeding physicians,
15-66	health care facility, or other health care providers upon proper request pursuant to section 5-37.3-
15-67	4;
16-68	(11) Soliciting professional patronage by agents or persons or profiting from acts of
16-69	those representing themselves to be agents of the licensed physician or limited registrants;
16-70	(12) Dividing fees or agreeing to split or divide the fees received for professional
16-71	services for any person for bringing to or referring a patient;
16-72	(13) Agreeing with clinical or bioanalytical laboratories to accept payments from these
16-73	laboratories for individual tests or test series for patients;
16-74	(14) Making willful misrepresentations in treatments;
16-75	(15) Practicing medicine with an unlicensed physician except in an accredited
16-76	preceptorship or residency training program, or aiding or abetting unlicensed persons in the
16-77	practice of medicine;
16-78	(16) Gross and willful overcharging for professional services; including filing of false
16-79	statements for collection of fees for which services are not rendered, or willfully making or
16-80	assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in
16-81	determining rights to health care or other benefits;
16-82	(17) Offering, undertaking, or agreeing to cure or treat disease by a secret method,
16-83	procedure, treatment or medicine;
16-84	(18) Professional or mental incompetency;
16-85	(19) Incompetent, negligent, or willful misconduct in the practice of medicine which
16-86	includes the rendering of medically unnecessary services, and any departure from, or the failure
16-87	to conform to, the minimal standards of acceptable and prevailing medical practice in his or her
16-88	area of expertise as is determined by the board. The board does not need to establish actual injury
16-89	to the patient in order to adjudge a physician or limited registrant guilty of the unacceptable
16-90	medical practice in this subdivision;
16-91	(20) Failing to comply with the provisions of chapter 4.7 of title 23;
16-92	(21) Surrender, revocation, suspension, limitation of privilege based on quality of care
16-93	provided, or any other disciplinary action against a license or authorization to practice medicine
16-94	in another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary
16-95	action relating to a membership on any medical staff or in any medical or professional association
16-96	or society while under disciplinary investigation by any of those authorities or bodies for acts or
16-97	conduct similar to acts or conduct which would constitute grounds for action as described in this
16-98	chapter;
16-99	(22) Multiple adverse judgments, settlements or awards arising from medical liability
16-100	claims related to acts or conduct which would constitute grounds for action as described in this
16-101	chapter;
17-102	(23) Failing to furnish the board, its chief administrative officer, investigator or
17-103	representatives, information legally requested by the board;
17-104	(24) Violating any provision or provisions of this chapter or the rules and regulations of
17-105	the board or any rules or regulations promulgated by the director or of an action, stipulation, or
17-106	agreement of the board;
17-107	(25) Cheating on or attempting to subvert the licensing examination;
17-108	(26) Violating any state or federal law or regulation relating to controlled substances;
17-109	(27) Failing to maintain standards established by peer review boards, including, but not
17-110	limited to, standards related to proper utilization of services, use of nonaccepted procedure,
17-111	and/or quality of care;
17-112	(28) A pattern of medical malpractice, or willful or gross malpractice on a particular
17-113	occasion;
17-114	(29) Agreeing to treat a beneficiary of health insurance under title XVIII of the Social
17-115	Security Act, 42 U.S.C. section 1395 et seq., "Medicare Act", and then charging or collecting
17-116	from this beneficiary any amount in excess of the amount or amounts permitted pursuant to the
17-117	Medicare Act; or
17-118	(30) Sexual contact between a physician and patient during the existence of the
17-119	physician/patient relationship.
17-120	SECTION 10. Section 5-37.2-15 of the General Laws in Chapter 5-37.2 entitled "The
17-121	Healing Art of Acupuncture" is hereby amended to read as follows:
17-122	5-37.2-15. Suspension, revocation, or refusal of license -- Grounds. -- The department
17-123	may either refuse to issue or may suspend or revoke any license for any one or any combination
17-124	of the following causes:
17-125	(1) Conviction of a felony, ~~conviction of any offense involving moral turpitude,~~ or
17-126	conviction of a violation of any state or federal law regulating the possession, distribution or use
17-127	of any controlled substance as defined in section 21-28-1.02, as shown by a certified copy of
17-128	record of the court;
17-129	(2) The obtaining of, or any attempt to obtain, a license, or practice in the profession for
17-130	money or any other thing of value, by fraudulent misrepresentations;
17-131	(3) Gross malpractice;
17-132	(4) Advertising by means of knowingly false or deceptive statement;
17-133	(5) Advertising, practicing, or attempting to practice under a name other than one's own;
17-134	(6) Habitual drunkenness or habitual addiction to the use of a controlled substance as
17-135	defined in section 21-28-1.02;
18-136	(7) Using any false, fraudulent, or forged statement or document, or engaging in any
18-137	fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of
18-138	this chapter;
18-139	(8) Sustaining a physical or mental disability which renders further practice dangerous;
18-140	(9) Engaging in any dishonorable, unethical, or unprofessional conduct which may
18-141	deceive, defraud, or harm the public, or which is unbecoming a person licensed to practice under
18-142	this chapter;
18-143	(10) Using any false or fraudulent statement in connection with the practice of
18-144	acupuncture or any branch of acupuncture;
18-145	(11) Violating or attempting to violate, or assisting or abetting the violation of, or
18-146	conspiring to violate, any provision of this chapter;
18-147	(12) Being adjudicated incompetent or insane;
18-148	(13) Advertising in an unethical or unprofessional manner;
18-149	(14) Obtaining a fee or financial benefit for any person by the use of fraudulent
18-150	diagnosis, therapy, or treatment;
18-151	(15) Willfully disclosing a privileged communication;
18-152	(16) Failure of a licensee to designate his or her school of practice in the professional use
18-153	of his or her name by the term "doctor of acupuncture" or "acupuncture assistant", as the case
18-154	may be;
18-155	(17) Willful violation of the law relating to the health, safety, or welfare of the public, or
18-156	of the rules and regulations promulgated by the state board of health;
18-157	(18) Administering, dispensing, or prescribing any controlled substance as defined in
18-158	section 21-28-1.02, except for the prevention, alleviation, or cure of disease or for relief from
18-159	suffering; and
18-160	(19) Performing, assisting, or advising in the injection of any liquid silicone substance
18-161	into the human body.
18-162	SECTION 11. Section 5-40.1-14 of the General Laws in Chapter 5-40.1 entitled
18-163	"Occupational Therapy" is hereby amended to read as follows:
18-164	5-40.1-14. Grounds for refusal to renew, suspension, or revocation of license. -- (a)
18-165	The board may deny a license or refuse to renew a license or may suspend or revoke a license or
18-166	may impose probationary conditions if the licensee has been found guilty of unprofessional
18-167	conduct which has endangered or is likely to endanger the health, welfare, or safety of the public.
18-168	Unprofessional conduct includes:
18-169	(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material
18-170	facts;
19-1	(2) Being found guilty of fraud or deceit in connection with his or her services rendered
19-2	as an occupational therapist or occupational therapy assistant;
19-3	(3) Committing a felony~~, whether or not involving moral turpitude, or a misdemeanor~~
19-4	~~involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea~~
19-5	~~of "no contest" shall be conclusive evidence that a felony or misdemeanor was committed~~.
19-6	(4) Violating any lawful order, rule or regulation rendered or adopted by the board;
19-7	(5) Failing to report, in writing, to the board any disciplinary decision issued against the
19-8	licensee or the applicant in another jurisdiction within thirty (30) days of the disciplinary
19-9	decisions;
19-10	(6) Violating any provision of this chapter; and
19-11	(7) Providing services to a person who is making a claim as a result of a personal injury,
19-12	who charges or collects from the person any amount in excess of the reimbursement to the
19-13	occupational therapist by the insurer as a condition of providing or continuing to provide services
19-14	or treatment.
19-15	(b) A denial, refusal to renew, suspension, revocation, or imposition of probationary
19-16	conditions upon the license may be ordered by the board or the director of the department of
19-17	health after a hearing in the manner provided by the Administrative Procedures Act, chapter 35 of
19-18	title 42.
19-19	(c) The American Occupational Therapy Association's "Occupational Therapy Code of
19-20	Ethics" is adopted as a public statement of the values and principles used in promoting and
19-21	maintaining high standards of behavior in occupational therapy. These state:
19-22	(1) Occupational therapy personnel shall demonstrate a concern for the well-being of the
19-23	recipients of their services;
19-24	(2) Occupational therapy personnel shall respect the rights of the recipients of their
19-25	services;
19-26	(3) Occupational therapy personnel shall achieve and continually maintain high
19-27	standards of competence;
19-28	(4) Occupational therapy personnel shall comply with laws and association policies
19-29	guiding the profession of occupational therapy;
19-30	(5) Occupational therapy personnel shall provide accurate information about
19-31	occupational therapy services; and
19-32	(6) Occupational therapy personnel shall treat colleagues and other professionals with
19-33	fairness, discretion, and integrity.
20-34	SECTION 12. Section 5-48-11 of the General Laws in Chapter 5-48 entitled "Speech
20-35	Pathology and Audiology" is hereby amended to read as follows:
20-36	5-48-11. Grounds for suspension or revocation of licenses. -- The license of any
20-37	speech language pathologist and/or audiologist may be suspended or revoked by the board upon
20-38	proof that he or she:
20-39	(1) Fraudulently or deceptively obtained or attempted to obtain a license for the
20-40	applicant, licensee, holder, or for another;
20-41	(2) Fraudulently or deceptively used a license;
20-42	(3) Altered a license;
20-43	(4) Aided or abetted unlicensed practice;
20-44	(5) Committed fraud and deceit in the practice of speech language pathology or of
20-45	audiology, including, but not limited to:
20-46	(i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful
20-47	advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia,
20-48	or any other representation;
20-49	(ii) Falsely representing the use or availability of services or advice of a physician;
20-50	(iii) Misrepresenting the applicant, licensee, or holder by using the word "doctor" or any
20-51	similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained
20-52	from an accredited institution;
20-53	(iv) Making or filing a false report or record in the practice of speech language pathology
20-54	or audiology;
20-55	(v) Submitting a false statement to collect a fee; and
20-56	(vi) Obtaining a fee through fraud or misrepresentation;
20-57	(6) Providing services while mentally incompetent;
20-58	(7) Engaging in illegal, incompetent, or habitually negligent practice;
20-59	(8) Providing professional services while:
20-60	(i) Under the influence of alcohol; or
20-61	(ii) Using any narcotic or controlled dangerous substance or other drug that is in excess
20-62	of therapeutic amounts or without valid medical indication;
20-63	(9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit
20-64	from these devices, appliances or products; or
20-65	(10) Violating any provision of this chapter, any lawful order given, or rule or regulation
20-66	adopted by the board or departure from or failure to conform to the current standards of
20-67	acceptable prevailing practice and code of ethics of speech language pathology or audiology;
21-68	(11) Being convicted of, or pleading guilty or nolo contendere to, a ~~felony or to a crime~~
21-69	~~involving moral turpitude,~~ whether or not any appeal or another proceeding is pending to have the
21-70	conviction or plea set aside;
21-71	(12) Incompetent or negligent misconduct in the practice of speech language pathology
21-72	or audiology;
21-73	(13) Is habitually intemperate or is addicted to the use of habit forming drugs;
21-74	(14) Being disciplined by a licensing or disciplinary authority of any other state or
21-75	country, or convicted or disciplined by a court of any state or country, for an act that would be
21-76	grounds for disciplinary action under this section; or
21-77	(15) Failing to maintain continuing education requirements.
21-78	SECTION 13. Section 5-49-12 of the General Laws in Chapter 5-49 entitled "Hearing
21-79	Aid Dealers and Fitters" is hereby amended to read as follows:
21-80	5-49-12. Complaints -- Grounds and proceedings for revocation or suspension of
21-81	licenses. -- (a) (1) Any person wishing to make a complaint against a licensee under this chapter
21-82	shall file this complaint, in writing, with the department, within one year from the date of the
21-83	action upon which the complaint is based.
21-84	(2) If the department determines the charges made in the complaint are sufficient to
21-85	warrant a hearing to determine whether the license issued under this chapter should be suspended
21-86	or revoked, it shall make an order fixing a time and place for a hearing and shall require the
21-87	licensee complained against to appear and defend against the complaint. The order shall have
21-88	annexed to it a copy of the complaint.
21-89	(3) The order and copy of the complaint shall be served upon the licensee, either
21-90	personally or by registered mail sent to the licensee's last known address, at least twenty (20) days
21-91	before the date set for the hearing.
21-92	(4) Continuances or an adjournment of the hearing shall be made if for good cause.
21-93	(5) At the hearing, the licensee complained against may be represented by counsel.
21-94	(6) The licensee complained against and the department shall have the right to take
21-95	depositions in advance of the hearing and after service of the complaint, and either may compel
21-96	the attendance of witness by subpoenas issued by the department under its seal.
21-97	(7) Either party taking depositions shall give at least five (5) days' written notice to the
21-98	other party of the time and place of those depositions, and the other party has the right to attend
21-99	(with counsel if desired) and cross-examine.
21-100	(8) Appeals from suspension or revocation may be made through the appropriate
21-101	administrative procedures act.
22-102	(b) Any person registered under this chapter may have his or her license revoked or
22-103	suspended for a fixed period by the department for any of the following causes:
22-104	(1) The conviction of a felony~~, or a misdemeanor involving moral turpitude~~. The record
22-105	of conviction, or a certified copy, certified by the clerk of the court or by the judge in whose court
22-106	the conviction was had, shall be conclusive evidence of this conviction.
22-107	(2) Procuring a license by fraud or deceit practiced upon the department.
22-108	(3) Unethical conduct, including:
22-109	(i) Obtaining any fee or making any sale by fraud or misrepresentation.
22-110	(ii) Knowingly employing, directly or indirectly, any suspended or unregistered person
22-111	to perform any work covered by this chapter.
22-112	(iii) Using, or causing, or promoting the use of, any advertising matter, promotional
22-113	literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation,
22-114	however disseminated or published, which is misleading, deceptive, or untruthful.
22-115	(iv) Advertising a particular model or type of hearing aid for sale when purchasers or
22-116	prospective purchasers responding to the advertisement cannot purchase the advertised model or
22-117	type, where it is established that the purpose of the advertisement is to obtain prospects for the
22-118	sale of a different model or type than that advertised.
22-119	(v) Representing that the service or advice of a person licensed to practice medicine will
22-120	be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing
22-121	aids when that is not true.
22-122	(vi) Habitual intemperance.
22-123	(vii) Gross immorality.
22-124	(viii) Permitting another's use of a license.
22-125	(ix) Advertising a manufacturer's product or using a manufacturer's name or trademark
22-126	which implies a relationship with the manufacturer that does not exist.
22-127	(x) Directly or indirectly giving or offering to give, or permitting or causing to be given,
22-128	money or anything of value to any person who advises another in a professional capacity, as an
22-129	inducement to influence him or her, or have him or her influence others, to purchase or contract
22-130	to purchase products sold or offered for sale by a hearing aid dealer or fitter, or influencing
22-131	persons to refrain from dealing in the products of competitors.
22-132	(xi) Representing, when this is not the case, that the hearing aid is or will be "custom-
22-133	made", "made to order", or "prescription-made", or in any other sense specially fabricated for an
22-134	individual person.
22-135	(4) Knowingly placing the health of a client at serious risk without maintaining proper
22-136	precautions;
23-1	(5) Engaging in the fitting and sale of hearing aids under a false name or alias with
23-2	fraudulent intent.
23-3	(6) Selling a hearing aid to a person who has not been given tests utilizing appropriate
23-4	established procedures and instrumentation in fitting of hearing aids, except in cases of selling
23-5	replacement hearing aids. Selling a hearing aid to a person who has discharge from the ear, loss
23-6	of balance and dizzy spells, or a loss of hearing for less than ninety (90) days, unless that person
23-7	has received a prescription from a physician.
23-8	(7) Gross incompetence or negligence in fitting and selling hearing aids.
23-9	(8) Violating any provisions of this chapter.
23-10	SECTION 14. Section 5-51-17 of the General Laws in Chapter 5-51 entitled "Rhode
23-11	Island State Board of Examiners of Landscape Architects" is hereby amended to read as follows:
23-12	5-51-17. Revocation or suspension of licenses or certificates of authorization. -- After
23-13	notice and a hearing as provided in section 5-51-17.1, the board may in its discretion: suspend,
23-14	revoke, or refuse to renew any license; and/or revoke or suspend or refuse to renew any certificate
23-15	of authorization; and/or publicly censure, or reprimand or censure in writing; and/or limit the
23-16	scope of practice of; and/or impose an administrative fine upon (not to exceed one thousand
23-17	dollars ($1,000) for each violation); and/or place on probation; and/or for good cause shown,
23-18	order a reimbursement of the board for all fees, expenses, costs, and attorneys fees in connection
23-19	with the proceedings (which amounts shall be deposited as general revenues), all with or without
23-20	terms, conditions or limitations, holders of a license or certificate of authorization, (hereafter
23-21	referred to as licensee(s)), for any one or more of the following causes:
23-22	(1) Bribery, fraud, deceit, or misrepresentation in obtaining a license or certificate of
23-23	authorization;
23-24	(2) Practicing landscape architecture in another state or country or jurisdiction in
23-25	violation of the laws of that state or country or jurisdiction;
23-26	(3) Practicing landscape architecture in this state in violation of the standards of
23-27	professional conduct established by the board;
23-28	(4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the
23-29	practice of landscape architecture;
23-30	(5) Use of a landscape architect's stamp in violation of section 5-51-11;
23-31	(6) Violation of any of the provisions of this chapter;
23-32	(7) Suspension or revocation of the right to practice landscape architecture before any
23-33	state or before any other country or jurisdiction;
24-34	(8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of,
24-35	or an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,
24-36	bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses
24-37	~~involving moral turpitude~~, in a court of competent jurisdiction of this state or any other state or of
24-38	the federal government;
24-39	(9) Failure to furnish to the board or any person acting on behalf of the board in a
24-40	reasonable time the information that may be legally requested by the board;
24-41	(10) In conjunction with any violation of subdivisions (1) through (9) of this section, any
24-42	conduct reflecting adversely upon the licensee's fitness to engage in the practice of landscape
24-43	architecture; and
24-44	(11) In conjunction with any violation of subdivisions (1) through (9) of this section, any
24-45	other conduct discreditable to the landscape architectural profession.
24-46	SECTION 15. Section 5-54-2 of the General Laws in Chapter 5-54 entitled "Physician
24-47	Assistants" is hereby amended to read as follows:
24-48	5-54-2. Definitions. -- As used in this chapter, the following words have the following
24-49	meanings:
24-50	(1) "Administrator" means the administrator, division of professional regulation.
24-51	(2) "Approved program" means a program for the education and training of physician
24-52	assistants formally approved by the American Medical Association's (A.M.A.'s) Committee on
24-53	Allied Health, Education and Accreditation, its successor, the Commission on Accreditation of
24-54	Allied Health Education Programs (CAAHEP) or its successor.
24-55	(3) "Approved program for continuing medical education" means a program for
24-56	continuing education approved by the American Academy of Physician Assistants (AAPA) or the
24-57	Accreditation Council for Continuing Medical Education of the American Medical Association
24-58	(AMA), or the American Academy of Family Physicians (AAPFP) or the American Osteopathic
24-59	Association Committee on Continuing Medical Education (AOACCME) or any other board
24-60	approved program.
24-61	(4) "Board" means the board of licensure of physician assistants.
24-62	(5) "Director" means the director of the department of health.
24-63	(6) "Division" means the division of professional regulation, department of health.
24-64	(7) "Formulary committee" means a committee empowered to develop a list of
24-65	medications that physician assistants may prescribe.
24-66	(8) "Physician" means a person licensed under the provisions of chapter 29 or 37 of this
24-67	title.
25-68	(9) "Physician assistant" means a person who is qualified by academic and practical
25-69	training to provide those certain patient services under the supervision, control, responsibility and
25-70	direction of a licensed physician.
25-71	(10) "Supervision" means overseeing the activities of, and accepting the responsibility
25-72	for the medical services rendered by the physician assistants. Supervision is continuous, and
25-73	under the direct control of a licensed physician expert in the field of medicine in which the
25-74	physician assistants practice. The constant physical presence of the supervising physician or
25-75	physician designee is not required. It is the responsibility of the supervising physician and
25-76	physician assistant to assure an appropriate level of supervision depending on the services being
25-77	rendered. Each physician or group of physicians, or other health care delivery organization
25-78	excluding licensed hospital or licensed health care facilities controlled or operated by a licensed
25-79	hospital employing physician assistants must have on file at the primary practice site a copy of a
25-80	policy in the form of an agreement between the supervising physicians and physician assistants
25-81	delineating:
25-82	(i) The level of supervision provided by the supervising physician or designee with
25-83	particular reference to differing levels of supervision depending on the type of patient services
25-84	provided and requirements for communication between the supervising physician or designee and
25-85	the physician assistant.
25-86	(ii) A job description for the physician assistant listing patient care responsibilities and
25-87	procedures to be performed by the physician assistant.
25-88	(iii) A program for quality assurance for physician assistant services including
25-89	requirements for periodic review of the physician assistant services.
25-90	(iv) Requirements for supervision of physician assistants employed or extended medical
25-91	staff privileges by licensed hospitals or other licensed health care facilities or employed by other
25-92	health care delivery agencies shall be delineated by the medical staff by laws and/or applicable
25-93	governing authority of the facility.
25-94	(v) The supervising physician or physician designee must be available for easy
25-95	communication and referral at all times.
25-96	(11) "Unprofessional conduct" includes, but is not limited to, the following items or any
25-97	combination and may be defined by regulations established by the board with prior approval of
25-98	the director:
25-99	(i) Fraudulent or deceptive procuring or use of a license;
25-100	(ii) Representation of himself or herself as a physician;
25-101	(iii) Conviction of a ~~crime involving moral turpitude; conviction of a~~ felony; conviction
25-102	of a crime arising out of the practice of medicine. All advertising of medical business, which is
26-1	intended or has a tendency to deceive the public;
26-2	(iv) Abandonment of a patient;
26-3	(v) Dependence upon a controlled substance, habitual drunkenness, or rendering
26-4	professional services to a patient while intoxicated or incapacitated by the use of drugs;
26-5	(vi) Promotion of the sale of drugs, devices appliances, or goods or services provided for
26-6	a patient in a manner that exploits the patient for the financial gain of the physician assistant;
26-7	(vii) Immoral conduct of a physician assistant in the practice of medicine;
26-8	(viii) Willfully making and filing false reports or records;
26-9	(ix) Willful omission to file or record or willfully impeding or obstructing a filing or
26-10	recording, or inducing another person to omit to file or record medical or other reports as required
26-11	by law;
26-12	(x) Agreeing with clinical or bioanalytical laboratories to accept payments from these
26-13	laboratories for individual tests or test series for patients;
26-14	(xi) Practicing with an unlicensed physician or physician assistant or aiding or abetting
26-15	these unlicensed persons in the practice of medicine;
26-16	(xii) Offering, undertaking or agreeing to cure or treat a disease by a secret method,
26-17	procedure, treatment or medicine;
26-18	(xiii) Professional or mental incompetence;
26-19	(xiv) Surrender, revocation, suspension, limitation of privilege based on quality of care
26-20	provided, or any other disciplinary action against a license or authorization to practice in another
26-21	state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating
26-22	to membership on any medical staff or in any medical professional association, or society while
26-23	under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to
26-24	acts or conduct which would constitute grounds for action as stated in this chapter;
26-25	(xv) Any adverse judgment, settlement, or award arising from a medical liability claim
26-26	related to acts or conduct, which would constitute grounds for action as stated in this chapter;
26-27	(xvi) Failure to furnish the board, the administrator, investigator or representatives,
26-28	information legally requested by the board;
26-29	(xvii) Violation of any provisions of this chapter or the rules and regulations
26-30	promulgated by the director or an action, stipulation, or agreement of the board;
26-31	(xviii) Cheating or attempting to subvert the certifying examination;
26-32	(xix) Violating any state or federal law or regulation relating to controlled substances;
26-33	(xx) Medical malpractice;
27-34	(xxi) Sexual contact between a physician assistant and patient during the existence of the
27-35	physician assistant/patient relationship;
27-36	(xxii) Providing services to a person who is making a claim as a result of a personal
27-37	injury, who charges or collects from the person any amount in excess of the reimbursement to the
27-38	physician assistant by the insurer as a condition of providing or continuing to provide services or
27-39	treatment.
27-40	SECTION 16. Section 5-56.1-8 of the General Laws in Chapter 5-56.1 entitled
27-41	"Designers of Individual Sewage Disposal Systems" is hereby amended to read as follows:
27-42	5-56.1-8. Denial, suspension and revocation of licenses -- Censure. -- (a) The licensing
27-43	authority may deny, suspend or revoke a designer's license if the person or licensed designer fails
27-44	to comply with the requirements prescribed in this chapter or any regulation promulgated under
27-45	this chapter or where the person or licensed designer:
27-46	(1) Provided incorrect, incomplete or misleading information in obtaining a designer's
27-47	license; or
27-48	(2) Demonstrated gross or repeated negligence, incompetence or misconduct in the
27-49	representation of site conditions in an application to the department of environmental
27-50	management, design of an ISDS, or inspection or certification of an installation of an ISDS; or
27-51	(3) Committed a felony ~~involving moral turpitude~~; or
27-52	(4) Failed or neglected to comply with continuing education requirements established by
27-53	the licensing authority.
27-54	(b) An action to suspend or revoke a designer's license pursuant to subsection (a) of this
27-55	section may not be taken until after the licensed designer has an opportunity to have a hearing
27-56	before the licensing authority. This hearing shall be held within thirty (30) days of written notice
27-57	of intent to suspend or revoke the license.
27-58	(c) The licensing authority shall appoint a review panel consisting of five (5) members at
27-59	least three (3) of whom shall be licensed designers not employed by the licensing authority, for
27-60	the purpose of reviewing and hearing disciplinary actions contemplated under subsection (b) of
27-61	this section. The review board shall make recommendations to the licensing authority to suspend
27-62	or revoke licenses. All final decisions shall be made by the licensing authority.
27-63	(d) Any person aggrieved by the denial of an application for a license pursuant to section
27-64	5-56.1-4 or a denial, suspension or revocation of a license pursuant to this section may request a
27-65	formal hearing pursuant to section 42-17.1-2(21) which shall be granted, if requested, in writing
27-66	by the aggrieved applicant or licensee within ten (10) days of the denial, suspension or
27-67	revocation.
28-68	(e) The licensing authority may publicly censure any licensed designer whose license
28-69	was suspended or revoked.
28-70	SECTION 17. Section 5-60-14 of the General Laws in Chapter 5-60 entitled "Athletic
28-71	Trainers" is hereby amended to read as follows:
28-72	5-60-14. Grounds for refusal or revocation of licenses. -- The board may refuse to
28-73	issue a license to an applicant or may suspend, revoke, or refuse to renew the license of any
28-74	licensee if he or she has:
28-75	(1) Been convicted of a felony ~~or misdemeanor involving moral turpitude~~, the record of
28-76	conviction being conclusive evidence of conviction if the department determines after
28-77	investigation that the person has not been sufficiently rehabilitated to warrant the public trust;
28-78	(2) Secured a license under this chapter by fraud or deceit; or
28-79	(3) Violated or conspired to violate this chapter or rules or regulations issued pursuant to
28-80	this chapter.
28-81	SECTION 18. Section 5-61-3.2 of the General Laws in Chapter 5-61 entitled "Telephone
28-82	Sales Solicitation Act" is hereby amended to read as follows:
28-83	5-61-3.2. Other grounds for denial of registration. -- The department may delay, reject
28-84	or revoke a registration if the department finds that a telephonic seller or any person applying for
28-85	registration as a telephonic seller, including, but not limited to, owners, operators, officers,
28-86	directors, partners, or other individuals engaged in the management activities of a business entity:
28-87	(1) Has been convicted or found guilty of, or has entered a plea of guilty or a plea of
28-88	nolo contendere to, racketeering or any offense involving fraud, theft, embezzlement, fraudulent
28-89	conversion, or misappropriation of property~~, or any other crime involving moral turpitude~~;
28-90	(2) For purposes of this section, a plea of nolo contendere is a conviction;
28-91	(3) Has had entered against him or her or an affiliated business, an injunction, a
28-92	temporary restraining order, or a final judgment or order, including a stipulated judgment or
28-93	order, an assurance of voluntary compliance, or any similar document, in any civil or
28-94	administrative action involving racketeering, a fraud, theft, embezzlement, fraudulent conversion,
28-95	or misappropriation of property or the use of any untrue or misleading representations in an
28-96	attempt to sell or dispose of real or personal property or the use of any unfair, unlawful, or
28-97	deceptive trade practice;
28-98	(4) Is subject to or has been affiliated with any company which is, or ever has been,
28-99	subject to any injunction, temporary restraining order, or final judgment or order, including a
28-100	stipulated judgment or order, an assurance of voluntary compliance, or any similar document, or
28-101	any restrictive court order relating to a business activity as the result of any action brought by a
28-102	governmental agency, including any action affecting any license to do business or practice an
29-1	occupation or trade;
29-2	(5) Has at any time during the previous seven (7) years filed for bankruptcy, been
29-3	adjudged bankrupt, or been reorganized because of insolvency;
29-4	(6) Has been a principal, director, officer, or trustee of, or a general or limited partner in,
29-5	or had responsibilities as a manager in, any corporation, partnership, joint venture, or other entity
29-6	that filed the bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency
29-7	within one year after the person held that position;
29-8	(7) Has been previously convicted of or found to have been acting as a salesperson or
29-9	telephonic seller without a registration or whose registration has previously been refused,
29-10	revoked, or suspended in any jurisdiction;
29-11	(8) Falsifies or willfully omits any material information asked for in any application,
29-12	document, or record required to be submitted or retained under this chapter;
29-13	(9) Makes a material false statement in response to any request or investigation by the
29-14	department.
29-15	(10) Refuses or fails, after notice, to produce any document or record or disclose any
29-16	information required to be produced or disclosed under this chapter or the rules of the
29-17	department; or
29-18	(11) Otherwise violates or is operating in violation of any of the provisions of this
29-19	chapter or of the rules adopted or court orders issued pursuant to the provisions of this chapter.
29-20	SECTION 19. Section 5-65.1-11 of the General Laws in Chapter 5-65.1 entitled "Home
29-21	Inspectors" is hereby amended to read as follows:
29-22	5-65.1-11. Grounds for discipline -- Injunctions. -- (a) After a hearing in accordance
29-23	with the administrative regulations promulgated by the board, the board may revoke, suspend, or
29-24	refuse to issue, reinstate, or reissue a license if the board determines that a licensee or applicant
29-25	has:
29-26	(1) Disclosed any information concerning the results of the home inspection without the
29-27	approval of a client or the client's representatives;
29-28	(2) Accepted compensation from more than one interested party for the same service
29-29	without the consent of all interested parties;
29-30	(3) Accepted commissions or allowances, directly or indirectly, from other parties
29-31	dealing with their client in connection with the inspection for which the licensee is responsible;
29-32	(4) Failed to promptly disclose to a client information about any business interest of the
29-33	licensee which may affect the client in connection with the home inspection;
30-34	(5) Obtained a license or authorization to sit for an examination, as the case may be,
30-35	through fraud, deception, or misrepresentation;
30-36	(6) Engaged in the use or employment of dishonesty, fraud, deception,
30-37	misrepresentation, false promise, or false pretense;
30-38	(7) Engaged in gross negligence, gross malpractice, or gross incompetence;
30-39	(8) Engaged in repeated acts of negligence, malpractice, or incompetence;
30-40	(9) Engaged in professional or occupational misconduct as may be determined by the
30-41	board;
30-42	(10) Been convicted of any crime ~~involving moral turpitude or any crime~~ relating
30-43	adversely to the activity regulated by the board. For the purpose of this subsection a plea of
30-44	guilty, or nolo contendere shall be deemed a conviction;
30-45	(11) Had his or her authority to engage in the activity regulated by the board revoked or
30-46	suspended by any other state, agency or authority for reasons consistent with this section;
30-47	(12) Attempted to limit liability for negligent or wrongful errors or omissions by use of a
30-48	clause within a performance contract that limits the damages for negligent or wrongful errors or
30-49	omissions;
30-50	(13) Failed to provide a written report of the completed home inspection;
30-51	(14) Violated or failed to comply with any order of the board or provisions of this
30-52	chapter or any rule or regulation promulgated and administered by the board pursuant to this
30-53	chapter;
30-54	(15) Become incapable, for medical or any other material reason, of discharging the
30-55	functions of a licensee in a manner consistent with the public's health, safety, and welfare;
30-56	(16) Failed to obtain or maintain the insurance required by section 5-65.1-10;
30-57	(17) Knowingly assisted an unlicensed person to act in violation of this chapter; or
30-58	(18) Failed to comply with the provisions of section 5-20.8-8.
30-59	(b) In addition to all other remedies, when it appears to the board that a person has
30-60	engaged in, or is engaging in, any act, practice or transaction which violates the provisions of this
30-61	chapter, the board may direct the attorney general to apply to the court for an injunction
30-62	restraining the person from violating the provisions of this chapter.
30-63	(c) (1) The board may, after a hearing, impose a fine in an amount not to exceed five
30-64	thousand dollars ($5,000) for the first violation of this chapter, or any rules or regulations
30-65	promulgated by the board.
30-66	(2) For each second violation of a particular subsection of this chapter or of a rule or
30-67	regulation promulgated by the board, a fine not to exceed ten thousand dollars ($10,000) may be
30-68	imposed after a hearing by the board.
31-1	(d) The board, may, in lieu of a fine or other sanction, order a licensee to attend
31-2	continuing education courses as appropriate. Failure to adhere to the requirement could result in
31-3	immediate revocation of a license.
31-4	SECTION 20. Section 5-69-6 of the General Laws in Chapter 5-69 entitled "License
31-5	Procedure for Chemical Dependency Professionals" is hereby amended to read as follows:
31-6	5-69-6. Licensing board. -- (a) Within the department there shall be established a board
31-7	of licensing for chemical dependency professionals. The governor shall appoint a licensing board
31-8	consisting of seven (7) members.
31-9	(b) Of the seven (7) licensing board members, three (3) shall be licensed under this
31-10	chapter;
31-11	(2) Licensing board members shall be:
31-12	(i) Two (2) members appointed by the governor shall be representatives of groups that
31-13	reflect demographics of person(s) served;
31-14	(ii) Three (3) members shall represent the licensed professionals appointed by the
31-15	director of health;
31-16	(iii) One member shall be an active member or administrator of the Rhode Island board
31-17	for certification of chemical dependency professionals appointed by the director of health;
31-18	(iv) One member shall be a consumer advocate from an established substance abuse
31-19	recovery consumer advocacy group appointed by the director of health.
31-20	(3) Licensing board members shall serve without compensation.
31-21	(4) Each licensing board member shall take and subscribe to the oath of affirmation
31-22	prescribed by law and shall file this oath in the office of the secretary of state.
31-23	(5) The term of office shall be three (3) years, except that of the members of the first
31-24	licensing board. Three (3) shall be appointed for a term of one year, three (3) for a term of two (2)
31-25	years, three (3) for a term of three (3) years. At least one member representing the general public,
31-26	and one member representing a minority group, as defined by the federal Department of Health,
31-27	Education, and Welfare, shall be appointed for the initial term of three (3) full years. Successors
31-28	to these licensing board positions shall be appointed for a term of three (3) years each, except that
31-29	any person appointed to fill a vacancy shall be for the unexpired term of office. Upon expiration
31-30	of the term of office, a member shall ~~continueto~~ continue to serve until a successor is appointed
31-31	and qualified. No person shall be appointed for more than two (2) consecutive three (3) year
31-32	terms.
31-33	(6) The governor may remove any member of the licensing board for neglect of duty,
31-34	malfeasance, conviction of a felony ~~or a crime of moral turpitude~~ while in office or for lack of
32-1	attendance/participation in board meetings. No licensing board member shall participate in any
32-2	matter before the licensing board in which pecuniary interest, personal bias, or other similar
32-3	conflicts of interests is established.
32-4	SECTION 21. Sections 5-74.1-5 and 5-74.1-6 of the General Laws in Chapter 5-74.1
32-5	entitled "Uniform Athlete Agents Act" are hereby amended to read as follows:
32-6	5-74.1-5. Registration as athlete agent -- Form -- Requirements. -- (a) An applicant
32-7	for registration shall submit an application for registration to the secretary of state in a form
32-8	prescribed by the secretary of state. An application filed under this section is a public record. The
32-9	application must be in the name of an individual and, except as otherwise provided in subsection
32-10	(b) herein, signed or otherwise authenticated by the applicant under penalty of perjury and state or
32-11	contain:
32-12	(1) The name of the applicant and the address of the applicant's principal place of
32-13	business;
32-14	(2) The name of the applicant's business or employer, if applicable;
32-15	(3) Any business or occupation engaged in by the applicant for the five (5) years next
32-16	preceding the date of submission of the application;
32-17	(4) A description of the applicant's:
32-18	(i) Formal training as an athlete agent;
32-19	(ii) Practical experience as an athlete agent; and
32-20	(iii) Educational background relating to the applicant's activities as an athlete agent;
32-21	(5) The names and address of three (3) individuals not related to the applicant who are
32-22	willing to serve as references;
32-23	(6) The name, sport, and last known team for each individual for whom the applicant
32-24	acted as an athlete agent during the five (5) years next preceding the date of submission of the
32-25	application;
32-26	(7) The names and addresses of all persons who are:
32-27	(i) With respect to the athlete agent's business if it is not a corporation, the partners,
32-28	members, officers, managers, associates, or profit shares of the business; and
32-29	(ii) With respect to a corporation employing the athlete agent, the officers, directors, and
32-30	any shareholder of the corporation having an interest of five percent (5%) or greater;
32-31	(8) Whether the applicant or any person named pursuant to subdivision 5-74.1-5(a)(7)
32-32	has been convicted of a crime that, if committed in this state, would be ~~a crime involving moral~~
32-33	~~turpitude or~~ a felony, and identify the crime;
33-34	(9) Whether there has been any administrative or judicial determination that the
33-35	applicant or any person named pursuant to subdivision 5-74.1-5(a)(7) has made a false,
33-36	misleading, deceptive, or fraudulent representation;
33-37	(10) Any instance in which the conduct of the applicant or any person named pursuant to
33-38	subdivision 5-74.1-5(a)(7) resulted in the imposition of a sanction, suspension, or declaration of
33-39	ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete
33-40	or educational institution;
33-41	(11) Any sanction, suspension, or disciplinary action taken against the applicant or any
33-42	person named pursuant to subdivision 5-74.1-5(a)(7) arising out of occupational or professional
33-43	conduct; and
33-44	(12) Whether there has been any denial of an application for, suspension or revocation
33-45	of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant
33-46	to subdivision 5-74-4(a)(7) as an athlete agent in any state.
33-47	(b) An individual who has submitted an application for, and holds a certificate of
33-48	registration or licensure as an athlete agent in another state, may submit a copy of the application
33-49	and certificate in lieu of submitting an application in the form prescribed pursuant to subsection
33-50	5-74.1-5(a). The secretary of state shall accept the application and the certificate from the other
33-51	state as an application for registration in this state if the application to the other state:
33-52	(1) Was submitted in the other state within six (6) months next preceding the submission
33-53	of the application in this state and the applicant certifies that the information contained in the
33-54	application is current;
33-55	(2) Contains information substantially similar to or more comprehensive than that
33-56	required in an application submitted in this state; and
33-57	(3) Was signed by the applicant under penalty of perjury.
33-58	5-74.1-6. Certificate of registration; issuance or denial; renewal. -- (a) Except as
33-59	otherwise provided in subsection (b) herein the secretary of state shall issue a certificate of
33-60	registration to an individual who complies with subsection 5-74.1-5(a) or whose application has
33-61	been accepted under subsection 5-74.1-5(b).
33-62	(b) The secretary of state may refuse to issue a certificate of registration if the secretary
33-63	of state determines that the applicant has engaged in conduct that has a significant adverse effect
33-64	on the applicant's fitness to act as an athlete agent. In making the determination, the secretary of
33-65	state may consider whether the applicant has:
33-66	(1) Been convicted of a crime that, if committed in this state, would be a ~~crime involving~~
33-67	~~moral turpitude or a~~ felony;
34-68	(2) Made a materially false, misleading, deceptive, or fraudulent representation in the
34-69	application or as an athlete agent;
34-70	(3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary
34-71	capacity;
34-72	(4) Engaged in conduct prohibited by section 5-74.1-14;
34-73	(5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or
34-74	been refused renewal of registration or licensure as an athlete agent in any state;
34-75	(6) Engaged in conduct the consequence of which was that a sanction, suspension, or
34-76	declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was
34-77	imposed on a student-athlete or educational institution; or
34-78	(7) Engaged in conduct that significantly adversely reflects on the applicant's credibility,
34-79	honesty, or integrity.
34-80	(c) In making a determination under subsection (b) herein, the secretary of state shall
34-81	consider:
34-82	(1) How recently the conduct occurred;
34-83	(2) The nature of the conduct and the context in which it occurred; and
34-84	(3) Any other relevant conduct of the applicant.
34-85	(d) An athlete agent may apply to renew a registration by submitting an application for
34-86	renewal in a form prescribed by the secretary of state. An application filed under this section is a
34-87	public record. The application for renewal must be signed by the applicant under penalty of
34-88	perjury and must contain current information on all matters required in an original registration.
34-89	(e) An individual who has submitted an application for renewal of registration or
34-90	licensure in another state, in lieu of submitting an application for renewal in the form prescribed
34-91	pursuant to subsection (d) herein, may file a copy of the application for renewal and a valid
34-92	certificate of registration or licensure from the other state. The secretary of state shall accept the
34-93	application for renewal from the other state as an application for renewal in this state if the
34-94	application to the other state:
34-95	(1) Was submitted in the other state within six (6) months next preceding the filing in
34-96	this state and the applicant certifies the information contained in the application for renewal is
34-97	current;
34-98	(2) Contains information substantially similar to or more comprehensive than that
34-99	required in an application for renewal submitted in this state; and
34-100	(3) Was signed by the applicant under penalty of perjury.
34-101	(f) A certificate of registration or a renewal of a registration is valid for two (2) years.
35-102	(g) Upon the secretary of state's approval of any registration for an athlete agent, the
35-103	secretary of state's office will notify the athletic director of any institution of higher education
35-104	within the state of Rhode Island that participates in intercollegiate athletics at the Division I, II, or
35-105	III level by providing that office with a copy of the agent's registration and disclosure statements.
35-106	SECTION 22. Section 23-19.12-13 of the General Laws in Chapter 23-19.12 entitled
35-107	"Generation - Transportation - Storage - Treatment - Management and Disposal of Regulated
35-108	Medical Waste" is hereby amended to read as follows:
35-109	23-19.12-13. Denial or revoking of licenses. -- The director of the department of
35-110	environmental management may deny an application for a license, or suspend or revoke a license
35-111	after it has been granted, or refuse to renew a license for any of the following reasons:
35-112	(1) Proof of unfitness of the applicant or licensee to engage in the business;
35-113	(2) A material misstatement by the applicant or licensee in his or her application for a
35-114	license or renewal;
35-115	(3) Failure of the applicant or licensee to comply with the provisions of this chapter or
35-116	with any rule or regulation promulgated pursuant to this chapter;
35-117	(4) A history of noncompliance with environmental regulations or standards, or
35-118	conviction of any environmental crime ~~or other crimes involving moral turpitude~~. This
35-119	subdivision applies to: the applicant, and officers, major stock holders, or principals of the
35-120	business for which the application is submitted or to which an existing license has been issued.
35-121	SECTION 23. Sections 23-28.28-3, 23-28.28-4 and 23-28.28-5 of the General Laws in
35-122	Chapter 23-28.28 entitled "Explosives" are hereby amended to read as follows:
35-123	23-28.28-3. Manufacturing permit. -- (a) Application for a permit to manufacture
35-124	explosives shall be made to the state fire marshal in such form as the state fire marshal shall
35-125	prescribe; and shall state, among other things:
35-126	(1) The name and address of the applicant;
35-127	(2) The reason for desiring to manufacture explosives;
35-128	(3) The applicant's citizenship, if the applicant is an individual;
35-129	(4) If the applicant is a partnership, the names and addresses of the partners and their
35-130	citizenship; and
35-131	(5) If the applicant is an association or corporation, the names and addresses of the
35-132	officers and directors thereof and their citizenship.
35-133	(b) The state fire marshal shall issue the permit applied for unless he or she finds that
35-134	either the applicant or the officers, agents, or employees of the applicant has been convicted of a
35-135	~~crime involving moral turpitude, or a~~ felony, ~~or is disloyal to the United States,~~ or otherwise does
35-136	not qualify under rules and regulations as promulgated by the state fire marshal.
36-1	23-28.28-4. Dealers' permits. -- (a) Application for permits to engage in the business of
36-2	dealing in explosives other than empty cartridge shells (primed), percussion caps, small arms
36-3	ammunition, small arms primers, smokeless powder, and black powder for small arms shall be
36-4	made to the state fire marshal in such form as the state fire marshal shall prescribe and shall state
36-5	among other things:
36-6	(1) The name and address of the applicant;
36-7	(2) The reason for desiring to engage in the business of dealing in explosives;
36-8	(3) Citizenship, if an individual application;
36-9	(4) If a partnership, the names and addresses of the partners and their citizenship; and
36-10	(5) If an association or corporation, the names and addresses of the officers and directors
36-11	thereof, and their citizenship.
36-12	(b) The state fire marshal shall issue the permit applied for only to businesses for use at
36-13	their place of business unless he or she finds that either the applicant or the officer, agents, or
36-14	employees of the applicant have been convicted of a felony ~~or crime involving moral turpitude, or~~
36-15	~~are disloyal to the United States~~, or otherwise do not qualify under rules and regulations as
36-16	promulgated by the state fire marshal.
36-17	23-28.28-5. Permit to possess explosives. -- (a) Application for a permit to possess
36-18	explosives, other than empty cartridge shells (primed), percussion caps, small arms ammunition,
36-19	small arms primers and smokeless powder for small arms, or black powder in excess of five (5)
36-20	pounds shall be made in writing to the state fire marshal in such form as the state fire marshal
36-21	shall prescribe and shall state among other things:
36-22	(1) The name and address of the applicant;
36-23	(2) The reason for desiring the permit to possess explosives;
36-24	(3) The applicant's citizenship, if the applicant is an individual;
36-25	(4) If the applicant is a partnership, the names and addresses of the partners and their
36-26	citizenship; and
36-27	(5) If the applicant is a corporation or other business entity, the names and addresses of
36-28	the officers thereof and their citizenship.
36-29	(b) The state fire marshal shall issue the permit applied for unless he or she finds that
36-30	either the applicant or the officers, agents, or employees of the applicant have been convicted of a
36-31	felony ~~or a crime involving moral turpitude, or is disloyal to the United States~~, and, provided,
36-32	further, that no permit shall be issued to any person under the age of twenty-one (21) years of age.
36-33	(c) Provided, however, that if the applicant holds a valid permit from the bureau of
36-34	alcohol, tobacco, and firearms of the department of treasury, then the state fire marshal may issue
37-1	a permit to possess explosives.
37-2	SECTION 24. Section 27-34-7 of the General Laws in Chapter 27-34 entitled "Rhode
37-3	Island Property And Casualty Insurance Guaranty Association" is hereby amended to read as
37-4	follows:
37-5	27-34-7. Board of directors. -- (a) The board of directors of the association shall consist
37-6	of not less than five (5) nor more than eleven (11) persons serving terms as established in the plan
37-7	of operation. The members of the board shall be selected by member insurers subject to the
37-8	approval of the commissioner. Vacancies on the board shall be filled for the remaining period of
37-9	the term by a majority vote of the remaining insurer members subject to the approval of the
37-10	commissioner. Two (2) persons, may be public representatives, and may be appointed by the
37-11	commissioner to the board of directors. Vacancies of positions held by public representatives
37-12	shall be filled by the commissioner. A public representative may not be an officer, director or
37-13	employee of an insurance company or any person engaged in the business of insurance. For the
37-14	purposes of this section, term "director" shall mean an individual serving on behalf of an insurer
37-15	member of the board of directors or a public representative on the board of directors.
37-16	(b) In approving selections to the board, the commissioner shall consider among other
37-17	things whether all member insurers are fairly represented.
37-18	(c) Members of the board of directors may be reimbursed from the assets of the
37-19	association for expenses incurred by them as members of the board of directors.
37-20	(d) Any board member who is an insurer in receivership shall be terminated as a board
37-21	member, effective as of the date of the entry of the order of receivership. Any resulting vacancies
37-22	on the board shall be filled for the remaining period of the term in accordance with the provisions
37-23	of subsection (a).
37-24	(e) In the event that a director shall, because of illness, nonattendance at meetings or any
37-25	other reason, be deemed unable to satisfactorily perform the designated functions as a director by
37-26	missing three (3) consecutive board meetings, the board of directors may declare the office vacant
37-27	and the member or director shall be replaced in accordance with the provisions of subsection (a).
37-28	(f) If the commissioner has reasonable cause to believe that a director failed to disclose a
37-29	known conflict of interest with his or her duties on the board, failed to take appropriate action
37-30	based on a known conflict or interest with his or her duties on the board, or has been indicted or
37-31	charged with a felony, ~~or misdemeanor involving moral turpitude~~, the commissioner may suspend
37-32	that director pending the outcome of an investigation or hearing by the commissioner or the
37-33	conclusion of any criminal proceedings. A company elected to the board may replace a suspended
37-34	director prior to the completion of an investigation, hearing or criminal proceeding. In the event
38-1	that the allegations are substantiated at the conclusion of an investigation, hearing or criminal
38-2	proceeding, the office shall be declared vacant and the member or director shall be replaced in
38-3	accordance with the provisions of subsection (a).
38-4	SECTION 25. Section 27-72-4 of the General Laws in Chapter 27-72 entitled "Life
38-5	Settlements Act" is hereby amended to read as follows:
38-6	27-72-4. License suspension, revocation or refusal to renew. -- (a) The commissioner
38-7	may suspend, revoke or refuse to renew the license of any licensee if the commissioner finds that:
38-8	(1) There was any material misrepresentation in the application for the license;
38-9	(2) The licensee or any officer, partner, member or director has been guilty of fraudulent
38-10	or dishonest practices, is subject to a final administrative action or is otherwise shown to be
38-11	untrustworthy or incompetent to act as a licensee;
38-12	(3) The provider demonstrates a pattern of unreasonably withholding payments to policy
38-13	owners;
38-14	(4) The licensee no longer meets the requirements for initial licensure;
38-15	(5) The licensee or any officer, partner, member or director has been convicted of a
38-16	felony, or of any misdemeanor of which criminal fraud is an element; or the licensee has pleaded
38-17	guilty or nolocontendere with respect to any felony or any misdemeanor of which criminal fraud
38-18	~~or moral turpitude~~ is an element, regardless whether a judgment of conviction has been entered by
38-19	the court;
38-20	(6) The provider has entered into any life settlement contract using a form that has been
38-21	approved pursuant to this chapter;
38-22	(7) The provider has failed to honor contractual obligations set out in a life settlement
38-23	contract;
38-24	(8) The provider has assigned, transferred or pledged a settled policy to a person other
38-25	than a provider licensed in this state, a purchaser, an accredited investor or qualified institutional
38-26	buyer as defined respectively in Regulation D, Rule 501 or Rule 144A of the Federal Securities
38-27	Act of 1933, as amended, financing entity, special purpose entity, or related provider trust; or
38-28	(9) The licensee or any officer, partner, member or key management personnel has
38-29	violated any of the provisions of this chapter.
38-30	(b) Before the commissioner denies a license application or suspends, revokes or refuses
38-31	to renew the license of any licensee under this chapter, the commissioner shall conduct a hearing
38-32	in accordance with this state's laws governing administrative hearings.
38-33	SECTION 26. Section 41-10-5 of the General Laws in Chapter 41-10 entitled "Off Track
38-34	Betting" is hereby amended to read as follows:
39-1	41-10-5. Licensing restrictions. -- (a) The division shall refuse to grant a license, or
39-2	shall suspend a license, if the applicant or licensee:
39-3	(1) Has been convicted of a felony~~, or any crime involving moral turpitude~~;
39-4	(2) Has engaged in illegal gambling as a significant source of income;
39-5	(3) Has been convicted of violating any gambling statutes;
39-6	(4) Has been convicted of fraud or misrepresentation in any connection; or
39-7	(5) Has been found to have violated any rule, regulation, or order of the division.
39-8	(b) The license heretofore issued shall be suspended by the division for any charge
39-9	which may result in a conviction or conduct prescribed in subdivisions (a)(1) through (a)(5);
39-10	which suspension shall be effective until a final judicial determination.
39-11	(c) The division shall refuse to grant, or the division shall suspend, pending a hearing
39-12	before the division, a license if the applicant or licensee is an association or corporation:
39-13	(1) Any of whose directors, officers, partners, or shareholders holding a five percent
39-14	(5%) or greater interest have been found guilty of any of the activities specified in subsection (a);
39-15	or
39-16	(2) In which it appears to the division that due to the experience, character, or general
39-17	fitness of any director, officer, or controlling partner, or shareholder, the granting of a license
39-18	would be inconsistent with the public interest, convenience, or trust.
39-19	(d) Whenever requested by the division, the division of criminal identification of the
39-20	department of the attorney general, the superintendent of state police, and the superintendent or
39-21	chief of police or town sergeant of any city or town, shall furnish all information on convictions,
39-22	arrests, and present investigations concerning any person who is an applicant for a license or who
39-23	is a licensee under this chapter.
39-24	SECTION 27. Section 42-61-5 of the General Laws in Chapter 42-61 entitled "State
39-25	Lottery" is hereby amended to read as follows:
39-26	42-61-5. Sales agents. -- (a) For the purpose of this chapter, the term "person" shall be
39-27	construed to mean and include an individual, association, partnership, corporation, trust, estate,
39-28	company, receiver, trustee, referee, or other person acting in a fiduciary or representative
39-29	capacity, whether appointed by a court or otherwise, and any combination of individuals.
39-30	"Person" shall be construed to mean all departments, committees, commissions, agencies, and
39-31	instrumentalities of the state, including counties and municipalities and agencies and
39-32	instrumentalities of the state.
39-33	(b) (1) The director of lotteries may license any person as a lottery sales agent as
39-34	provided in this chapter. No license shall be issued to any person to engage in the sale of lottery
40-1	tickets as his or her sole occupation or business.
40-2	(2) As part of its investigation as to whether to issue a lottery sales agent license, the
40-3	Rhode Island lottery shall require criminal background checks of the applicant for a retail sales
40-4	agent license as it deems appropriate and said individuals shall apply to the bureau of criminal
40-5	investigation of the Rhode Island state police or the Rhode Island department of the attorney
40-6	general for a national criminal records check with fingerprinting. The applicant whose criminal
40-7	records check is being conducted shall be responsible for the payment of the costs of said
40-8	criminal records check. The Rhode Island state police or the Rhode Island department of attorney
40-9	general, as applicable, shall send the results of such criminal records check to the Rhode Island
40-10	lottery. Once said results are sent to and received by the Rhode Island Lottery, the Rhode Island
40-11	state police and the Rhode Island department of attorney general shall promptly destroy said
40-12	fingerprint record(s). On or before February 1, 2011, the agency shall adopt rules and regulations
40-13	establishing criteria to be used in determining whether based upon a criminal records check an
40-14	application will be approved.
40-15	(c) Before issuing any license to a lottery sales agent the director shall consider:
40-16	(1) The financial responsibility and security of the person and his or her business or
40-17	activity;
40-18	(2) The accessibility of his or her place of business or activity to the public;
40-19	(3) The sufficiency of existing licensed agents to serve the public interest;
40-20	(4) The volume of expected sales by the applicant;
40-21	(5) Any other factors pertaining to the public interest, convenience or trust.
40-22	(d) The director shall refuse to grant or shall suspend, pending a hearing before the
40-23	division, or recommend a revocation of a license if the applicant or licensee:
40-24	(1) Has been convicted of a felony~~, or any crime involving moral turpitude~~;
40-25	(2) Has been engaging in gambling as a significant source of income;
40-26	(3) Has been convicted of violating any gambling statutes;
40-27	(4) Has been convicted of fraud or misrepresentation in any connection;
40-28	(5) Has been found to have violated any rule, regulation, or order of the state lottery
40-29	division.
40-30	The license of an agent shall be suspended by the director for any charge which may
40-31	result in a conviction for conduct prescribed in subdivisions (d)(1) -- (d)(5); which suspension
40-32	shall be effective until a final judicial determination.
40-33	(e) The director shall refuse to grant, or shall suspend, pending a hearing before the
40-34	division, or recommend revocation of a license if the applicant or licensee is a corporation:
41-1	(1) Any of whose directors, officers, or controlling shareholders have been found guilty
41-2	of any of the activities specified in subsection (d);
41-3	(2) In which it appears to the director of lotteries that due to the experience, character, or
41-4	general fitness of any director, officer, or controlling shareholder, the granting of a license as a
41-5	lottery sales agent would be inconsistent with the public interest, convenience, or trust;
41-6	(3) Not the owner or lessee of the business at which it will conduct a lottery sales agency
41-7	pursuant to the license applied for, or that any person, firm, association, or corporation other than
41-8	the applicant shares or will share in the profits of the applicant, other than receiving dividends as
41-9	a shareholder, or will participate in the management of the affairs of the applicant.
41-10	(f) Every holder of a license as a lottery sales agent shall renew the license annually
41-11	pursuant to the rules and regulations of the division. Licensees shall pay to the division a fee to be
41-12	determined by the director upon receipt or renewal of a license.
41-13	(g) Whenever requested by the director, the division of criminal identification of the
41-14	department of the attorney general, the superintendent of state police, any superintendent or chief
41-15	of police or sergeant of any city or town, shall furnish all information on convictions, arrests and
41-16	present investigations concerning any person who is an applicant for a license or who is a licensee
41-17	of the state lottery.
41-18	(h) Notwithstanding any other provision of law, any person licensed as provided in this
41-19	chapter is authorized and empowered to act as a lottery sales agent.
41-20	(i) Every licensed sales agent authorized pursuant to this section and every licensed
41-21	video lottery retailer authorized by chapter 61.2 of this title shall keep conspicuously posted on
41-22	his or her premises the name and telephone number of a council on problem gambling recognized
41-23	by an appropriate authority within state government or within the professional field of addiction
41-24	disorders and a statement of its availability to offer assistance. The lottery division shall supply
41-25	each licensee with the required notice.
41-26	SECTION 28. Sections 45-20-1 and 45-20-1.1 of the General Laws in Chapter 45-20
41-27	entitled "Appeals from Police and Fire Departments" are hereby amended to read as follows:
41-28	45-20-1. Petition for judicial review of removal of fire fighter. -- (a) Any fire fighter
41-29	or fire fighters, jointly or severally aggrieved by any decision of the bureau of police and fire or
41-30	any similar department, board or bureau of a city or town having control of the fire department of
41-31	the city or town, which decision orders the removal of the person from membership in the fire
41-32	department based on criminal charges ~~of moral turpitude~~, may present, to the superior court of the
41-33	state of Rhode Island for the county in which the city or town is located, a verified petition stating
41-34	that the decision is illegal in whole or in part and specifying the grounds of the illegality. The
42-1	petition shall be presented to the court within thirty (30) days after the decision of the department,
42-2	board, or bureau.
42-3	(b) Upon the presentation of the petition, the court may allow a writ of certiorari directed
42-4	to the department, board, or bureau to review its decision, and shall prescribe in the unit the time
42-5	authorized which a return to the unit must be made, which shall be not less than twenty (20) days
42-6	and may be extended by the court.
42-7	(c) The allowance of the writ does not stay the effect of the decision.
42-8	45-20-1.1. Petition for judicial review of disciplinary action against police officers. --
42-9	(a) Any police officer or police officers, jointly or severally, aggrieved by any decision of the
42-10	bureau of police and fire, or any similar department, board, or bureau of a city or town having
42-11	control of the police department, or any other duly constituted authority within the police
42-12	department of the city or town, which decision orders the dismissal, reduction in rank,
42-13	suspension, fine, performance of extra hours of duty, loss of seniority rights, transfer with or
42-14	without a reduction in pay, or reprimand, and the decision is based on charges involving ~~moral~~
42-15	~~turpitude or~~ a violation of departmental regulations, may appeal the decision to the superior court
42-16	of the state of Rhode Island for the county in which the city or town is located; provided, that no
42-17	appeal is allowed unless all administrative remedies available under the municipal charter have
42-18	been exhausted; and, provided, further, that an appeal does not stay the operation of the decision.
42-19	Upon appeal, the police officer or police officers are entitled to a trial de novo before a justice of
42-20	the superior court without a jury.
42-21	(b) The superior court may uphold the decision, reverse the decision, restore the police
42-22	officer to the officer's former rank, revoke the suspension, reduce the penalty, negate the transfer,
42-23	or allow a transfer without loss of pay. If the decision is reversed or modified by the superior
42-24	court, the police officer or police officers shall, to the extent that the decision is reversed or
42-25	modified, be reimbursed monetarily or by compensatory time off for all loss of pay and/or extra
42-26	duty hours performed.
42-27	SECTION 29. This act shall take effect upon passage.

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	LC01762
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO BUSINESSES AND PROFESSIONS
	***

43-1	This act would eliminate all references to “moral turpitude” in the licensing statutes.
43-2	This act would take effect upon passage.

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	LC01762
	=======

S2705