2019 Annual Report

 

 

 

1)

Section

Amend Chapter Numbers:

 

1-7-5

187 and 249

 

 

1-7-5. Health study.

     (a) The corporation shall provide the department of health with funding in an amount not

to exceed two hundred thousand dollars ($200,000), half to be paid in fiscal year 2008 and the

other half to be paid in fiscal year 2009, which funds the department of health will use for an

independent health study (the "study" or the "health study") developed in consultation with the

department of environmental management and the air-quality monitoring public advisory

committee. The purpose of the study will be to determine whether and to what extent, air

pollution generated by airport activities affects the health of area residents based, to the extent

feasible, on established health benchmarks.

     (b) The study shall use the data collected from the first year of long-term, air-quality

monitoring at the airport described in the previous sections to evaluate potential public health

implications of emissions based, to the extent feasible, on established health benchmarks, and

shall be completed and submitted to the governor, the speaker of the house of representatives, and

the president of the senate no later than May 30, 2009.

     (c) The corporation, the department of health, and the city of Warwick shall publish

technical reports and scientific publications that resulted from this health study on their respective

websites no later than July 31, 2019, and shall maintain them on their respective websites for at

least five (5) years thereafter.

 

 

 

2)

Section

Amend Chapter Numbers:

 

1-7-6

187 and 249

 

 

1-7-6. Reporting.

     (a) The corporation shall provide the department of environmental management with an

inventory of greenhouse gas pollutants, including, but not limited to, carbon dioxide and methane,

and an annual inventory of sulfur dioxide, nitrogen oxides, and carbon monoxide. The inventories

of data generated in the prior calendar year shall be reported to the department of environmental

management on or before March 30, 2009, and every March 30 thereafter.

     (b) Data generated from the permanent air-quality monitors shall be reported to the

department of environmental management, and the department of health, and to the city of

Warwick on at least a quarterly basis and shall be used by the departments to continuously

augment and update air-quality-monitoring studies conducted by the departments. The

corporation shall publish the data on its website within thirty (30) calendar days of the end of the

quarter.

     (c) The department of health shall prepare an annual report that shall contain the

department's findings, analysis, conclusions, and recommendations resulting from the data

generated by and from the permanent air-quality monitors (the "monitors"), as well as a summary

of the data collected from the monitors. The first such report shall be due on or before July 31,

2017, and on or before July 31 in 2018, 2019, and for any further year thereafter during which

data is collected and reported pursuant to the provisions of subsection (b) of this section. Copies

of these reports shall be provided by the required dates to the speaker of the house, the president

of the senate, the office of the governor, the office of the attorney general, the airport corporation,

and the offices of the mayor and the city council of the city of Warwick. The department of

health, the airport corporation, and the city of Warwick shall publish these reports on their

respective websites within thirty (30) calendar days of receipt of the reports.

 

3)

Section

Amend Chapter Numbers:

 

1-7-9

187 and 249

 

 

1-7-9. Monitoring actions required and compliance -- Sunset provision.

     (a) On or before January 31, 2017, and on or before January 31, 2018, and January 31,

2019, thereafter, the department of environmental management, the department of health, and the

attorney general shall submit to the governor, the speaker of the house, and the president of the

senate, recommendations as to the continuation of the air monitoring required in this act. and,

unless

     (b) Unless extended by the general assembly, the corporation's obligation to operate and

maintain the air monitoring system will cease on July 31, 2019. July 31, 2021; provided, this

sunset date shall be dependent upon the corporation undertaking and completing the following

actions prior to July 31, 2021:

     (1) As part of the long-term air-quality monitoring program, ambient air-quality monitors

shall be set up in a network that shall include at least four (4) monitoring sites in the area of and

surrounding T. F. Green Airport. These monitors shall be designed, placed, and maintained so as

to measure air-quality impacts from airport operations, including those impacts associated with

planes operating on the extended runway and on neighborhoods adjacent to the airport facility,

and at the Winslow Park playing fields. In addition to the quarterly summary reports prepared by

the corporation based on this data, the corporation shall compile at least twenty (20) months of

complete air quality monitoring data from these monitors and submit that data to the department

of health prior to May 1, 2021, pursuant to � 1-7-6; and

     (2) The corporation shall comply with all other reporting and publishing requirements set

forth in this chapter.

 

 

 

4)

Section

Add Chapter Numbers

 

2-1-10.1

122 and 134

 

 

2-1-10.1. Assent to food safety modernization act.

     The state of Rhode Island assents to the provisions of the act of Congress entitled "FDA

Food Safety Modernization Act," 21 U.S.C. � 2201 et seq., and the director of environmental

management is authorized, empowered, and directed to perform those acts relating to produce on

the farm that may be necessary for the modernization of the safety of the food supply, as defined

in that act of Congress, in compliance with that act and with the rules and regulations

promulgated by the Food and Drug Administration that are consistent with that act.

     SECTION 2. Section 21-28-1.02 of Chapter 21-28 of the General Laws entitled "Uniform

Controlled Substances Act" is hereby amended by amending � 21-28-1.02(30) [effective until

January 1, 2023] and � 21-28-1.02(29) [effective January 1, 2023] as follows:

     (30) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

the seeds of the plant; the resin extracted from any part of the plant; and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not

include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of

mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

plant which is incapable of germination. Marijuana shall not include "industrial hemp" or

"industrial hemp products" which satisfy the requirements of chapter 26 of title 2, nor shall it

include products that have been approved for marketing as a prescription medication by the U.S.

Food and Drug Administration and legally prescribed.

     (29) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

the seeds of the plant; the resin extracted from any part of the plant; and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not

include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of

mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

plant which is incapable of germination. Marijuana shall not include "industrial hemp" or

"industrial hemp products" which satisfy the requirements of chapter 26 of title 2, nor shall it

include products that have been approved for marketing as a prescription medication by the U.S.

Food and Drug Administration and legally prescribed.

 

 

 

5)

Section

Amend Chapter Numbers

 

3-7-14

102 and 135

 

 

3-7-14. Class F license.

     (a) A retailer's Class F license authorizes the holder of the license to keep for sale and to

sell malt and vinous beverages on the premises, described in the license, at retail for consumption

on the premises where sold for a period of nineteen (19) hours, including Sunday. The license

may be issued to religious organizations, state non-business corporations, limited-liability

companies (LLCs), sole proprietorships, and political organizations only and the sale of malt and

vinous beverages may take place between the hours of six o'clock (6:00) a.m. and one o'clock

(1:00) a.m. on the following day, provided that no more than twelve (12) licenses shall be issued

to any organization, corporation, LLC, sole proprietorship, or political organization in any one

calendar year; and provided further that, as to each such entity, this limit of twelve (12) licenses

per calendar year shall apply collectively to such the entity and its officers, directors, principals,

affiliates, employees, and agents. Class F licenses shall not be granted to any person or entity

holding any other liquor license. The fee for each retailer's Class F license is fifteen dollars

($15.00).

     (b) The issuing authority may, in its discretion, permit applicants to file a single annual

application for issuance of up to twelve (12) event licenses for a calendar year and the authority

may issue such the licenses concurrently; provided that, each event license shall state the specific

event date with which it is associated; and provided further that, the applicant shall pay the

collective amount of the event license fees, fifteen dollars ($15.00) multiplied by the number of

licenses issued, at the time of issuance.

 

 

 

6)

Section

Add Chapter Numbers:

 

3-7-14.1

102 and 135

 

 

3-7-14.1. Class F-1 license.

     (a) A retailer's Class F-1 license authorizes the holder of the license to keep for sale and

to sell alcoholic beverages on the premises, described in the license, at retail for consumption on

the premises where sold for a period of nineteen (19) hours, including Sunday. The license may

be issued to religious organizations, state non-business corporations, limited-liability companies

(LLCs), sole proprietorships, and political organizations only and the sale of beverages may take

place between the hours of six o'clock (6:00) a.m. and one o'clock (1:00) a.m. on the following

day; provided that, no more than twelve (12) licenses shall be issued to any organization,

corporation, LLC, sole proprietorship, or political organization in any one calendar year; and

provided further, that as to each such entity, this limit of twelve (12) licenses per calendar year

shall apply collectively to such the entity and its officers, directors, principals, affiliates,

employees, and agents. Class F-1 licenses shall not be granted to any person or entity holding any

other liquor license.

     (b) The fee for the license is thirty-five dollars ($35.00.)

     (c) The issuing authority may, in its discretion, permit applicants to file a single annual

application for issuance of up to twelve (12) event licenses for a calendar year and the authority

may issue such the licenses concurrently; provided that, each event license shall state the specific

event date with which it is associated; and provided further that, the applicant shall pay the

collective amount of the event license fees, thirty-five dollars ($35.00) multiplied by the number

of licenses issued, at the time of issuance.

     (d) Class F and F-1 license holders shall purchase alcohol for resale from Class A license

holders only.

 

 

 

7)

Section

Add Chapter Numbers:

 

3-7-16.10

156 and 163

 

 

3-7-16.10. Class SE license.

     A city or town may issue a Special Events (SE) license which that shall allow any retail

business not otherwise licensed in this chapter or affiliated with any entity licensed in this chapter

or nonprofit organization to offer alcoholic beverages for sale at retail at, or as part of the

consideration for admission to, an event to be held at its premises. Such events shall not be held

more often than one day in each calendar month. The alcoholic beverages for such these events

shall be purchased from a Class A licensee in the same city or town, notwithstanding any other

provision of this chapter.

 

 

 

8)

Section

Amend Chapter Numbers:

 

3-7-19

13 and 14, 119 and 153, 162 and 169, 292 and 310

 

 

3-7-19. Objection by adjoining property owners -- Proximity to schools and

churches.

     (a) Retailers' Class B, C, N and I licenses, and any license provided for in � 3-7-16.8 of

this chapter, shall not be issued to authorize the sale of beverages in any building where the

owner of the greater part of the land within two hundred feet (200') of any point of the building

files with the body or official having jurisdiction to grant licenses his or her objection to the

granting of the license, nor in any building within two hundred feet (200') of the premises of any

public, private, or parochial school or a place of public worship. In the city of East Providence,

retailer's Class A licenses shall not be issued to authorize the sale of beverages in any building

within five hundred feet (500') of the premises of any public, private, or parochial school, or a

place of public worship.

     (b) As used in this section, "private school" means any nonpublic institution of

elementary or secondary (K-12th grade) education, accredited or recognized as a private school

by the department of elementary and secondary education or the school committee of the city or

town having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was

issued prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an

objection to, or disapproval of, the transfer of a Class B or C license where the location of the

licensed establishment predates the location of the public, private, or parochial school, or place of

public worship.

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B, C, or I license intended to be located within the following

described area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence

River to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line

of Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden

Street to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102') to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9') along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet

(112') to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse

Street for a distance of ninety feet (90') to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within any zoning district in

the town of Warren which is designated as a limited business district or as a general business

district pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of

the Bristol tax assessors map as of December 31, 1999, including that portion of the public

sidewalk contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section

as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance

of the city of Newport, provided that the applicant be an existing holder of a Retailers' Class B

license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on lot 131 of tax assessors

plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer

Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed

retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city

of Cranston under this exemption, whether said transfer is attributable to the holder's death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13,

2003 and, in addition, those requirements applicable to anyone who desires to become a

transferee of a validly issued and outstanding Class B license designated for use in any location in

the state of Rhode Island. Neither the exemption granted herein nor any future exemption granted

hereafter shall be effective until the proposed Class B license and the underlying property owner

is certified to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following

described area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way,

then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to

the Central Falls line.

     (9) Notwithstanding the provisions of this section the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax

assessors plat 10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall

apply only to any renewal of any class B, C, or I license issued for use at the said premises

located on plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then

this exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of

the applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this

section a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181,

lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot

732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 105, lot 489, plat

105, lot 12 and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 37, lot 69 of the

applicable town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on Plat 11, lot 3558 of the

applicable city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any

Class B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax

assessors map as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of

the applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 43, lot

211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 1948-1950 Westminster

Street on plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer's Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown's tax assessor's maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the

applicable city of Providence tax assessor's map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV license intended to be located at 226 and 230 Dean

Street on plat 25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 219 Main Street on

map/lot 085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 137 Main Street on

map/lot 085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-

003-084; 74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241

Main Street on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street

on map/lot 085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town

of East Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on tax assessor's plat 10, lot 108, of

the Lincoln tax assessor's map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class C license intended to be located at 215 Dean Street on plat

28, lot 961 of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 100-102 Hope Street on

plat 16, lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 88 Broad Street on Lots

32, 51, and 52 of Plat 2 Cumberland tax assessor's map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 11 Lowell Avenue, 191

Pocasset Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax

assessor's map as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on Plat 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV and Class BX license intended to be located at 161

Douglas Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailers' Class B license intended to be located at 1007 Broad Street, Plat

53, Lot 192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat

53, Lot 582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 122 North Main Street,

Map/Lot 130-125-005 of the applicable city of Woonsocket tax assessment map.

 �� (40) Notwithstanding the provisions of this section, the city council of the city of

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

proposed retailers' class BV and class BM license intended to be located between 2 Main Street

(tax assessor's plat 14, lot 284) and 194 Main Street (tax assessor's plat 14, lot 139).

�  (41) Notwithstanding the provisions of this section, the board of licenses in the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailers' Class B license intended to be located at 375 Smith Street, Plat 68,

Lot 132 of the applicable city of Providence tax assessment map.

��� (42) Notwithstanding the provisions of this section, the board of licenses in the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailers' Class B license intended to be located at 671 Broadway Street, Plat

35, Lot 566 of the applicable city of Providence tax assessment map.

 

 

 

 

 

9)

Section

Amend Chapter Numbers:

 

3-8-4

61 and 71

 

 

3-8-4. Drinking by or hiring of underage persons.

     (a) Use of a credit card for the purchase of beverages may be permitted by all classes of

license holders and, notwithstanding the purchase of alcoholic beverages by credit card, license

holders shall not sell or furnish beverages to any person who has not reached his or her twenty-

first (21st) birthday to drink any beverage upon any licensed premises.

     (b) Licensees shall not hire any persons who have not reached their eighteenth (18th)

birthday to sell or serve beverages in any place where those beverages may be consumed on the

premises where sold.

     (c) License holders may enforce a prohibition against any patron who has not reached his

or her twenty-first birthday from entering the licensed establishment after ten o' clock o�clock

(10:00) p.m..

 

 

 

 

 

10)

Section

Repeal Chapter Numbers:

 

4-1-30

115 and 147

 

 

4-1-30. [Repealed.]

 

 

11)

Section

Add Chapter Numbers:

 

4-1-30.1

115 and 147

 

 

4-1-30.1. Cruelty to public safety - Dogs and horses.

     (a) As used in this section:

     (1) "Police canine" means any canine, and "police horse" means any horse, that is owned

or in the service of a law enforcement agency, for the principal purpose of aiding in the detection

of criminal activity, enforcement of laws, maintaining public order, or apprehension of offenders;

     (2) "Fire canine" means any canine that is owned, or in the service of a fire department, a

special fire district, or the state fire marshal for the principal purpose of aiding in the detection of

flammable materials or the investigation of fires; and

     (3) "SAR canine" means any search and rescue canine that is owned, or in the service of a

fire department, a law enforcement agency, a special fire district, or the state fire marshal, for the

principal purpose of aiding in the detection of missing persons, including, but not limited to,

persons who are lost,; who are trapped under debris as the result of a natural, manmade, or

technological disaster; or who are drowning victims.

     (b) Penalties:

     (1) Any person who intentionally and knowingly, without lawful cause or justification,

causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a

police canine, fire canine, SAR canine, or police horse commits a felony, shall be imprisoned not

exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000), and shall, in the

case of any animal of another, be liable to the owner of this animal for triple damages, to be

recovered by civil action. In addition, any person convicted under this section shall be required to

serve fifty (50) hours of community restitution. That community restitution penalty shall not be

suspended or deferred and is mandatory.

     (2) Any person who actually and intentionally maliciously touches, strikes, or causes

bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor,

and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment

of not more than one year, or both.

     (3) Any person who intentionally or knowingly maliciously harasses, teases, interferes

with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while

the animal is in the performance of its duties commits a misdemeanor, and shall be punished by a

fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or

imprisonment of not more than one year, or both.

     (c) Except as provided in subsection (b)(1) of this section, any person convicted under

this section shall make full restitution for injuries sustained by the police canine, fire canine, SAR

canine, or police horse and shall pay the replacement cost of any dog or horse, if that animal can

no longer perform its public safety duties. Any canine that is owned by or employed by a law

enforcement agency shall be exempt from restitution requirements of this subsection.

 

 

12)

Section

Add Chapter Numbers:

 

4-1.2

180 and 242

 

 

CHAPTER 1.2

 

 

SEIZURE OF ANIMALS BEING CRUELLY TREATED

 

 

13)

Section

Add Chapter Numbers:

 

4-1.2-1

180 and 242

 

 

4-1.2-1. Seizure of animals being cruelly treated.

     (a) The RI state veterinarian, the general/special agent of the RI Society for the

Prevention of Cruelty to Animals (RISPCA), or any duly sworn and authorized state or municipal

law enforcement officer may lawfully take charge and possession of any animal found abandoned

or neglected or hazardously accumulated as defined in � 4-1-1, or in the opinion of that

veterinarian, agent, or officer is aged, maimed, disabled, lame, sick, diseased, injured, unfit for

the labor it is performing, or cruelly treated, and may thereupon proceed to provide all necessary

care and treatment required or take other appropriate action as determined by a licensed

veterinarian.

     (b) Any person authorized to seize an animal pursuant to this section must leave written

notice on the property where the animal was seized within twenty-four (24) hours of the seizure.

This notice must be left in a location where it is reasonably likely to be found and must include

the name, address, telephone number, and signature of the person seizing the animal; the reason

for seizing the animal; and the location where the seized animal is being kept pending any order

pursuant to � 4-1.2-3. If the address of the animal owner is known, notification through certified

mail with return receipt requested shall also be provided.

 

 

 

14)

Section

Add Chapter Numbers:

 

4-1.2-2

180 and 242

 

 

4-1.2-2. Notice of hearing.

     Any authorized person making a seizure may file with a district court which that has

jurisdiction over such the matter a verified petition plainly stating such those facts as to bring

such animal within the jurisdiction of the court and praying for appropriate action by the court in

accordance with the provisions of this chapter. Upon the filing of such the petition, the court shall

cause a summons to be issued requiring the owner(s) or person(s) having responsibility for the

care of the animal, if known, to appear in court at the time and place named, which summons

shall be served not less than fourteen (14) days before the date of the hearing. If the owner(s) or

person(s) having responsibility for the care of the animal is not known, notice of the time and

place of the hearing shall be given by publication in a newspaper having a circulation in the town

in which such the officer took charge of such the animal not less than fourteen (14) days before

the date of the hearing. Such The court shall further give notice to the petitioner of the time and

place of the hearing not less than fourteen (14) days before the date of the hearing.

 

 

 

15)

Section

Add Chapter Numbers:

 

4-1.2-3

180 and 242

 

 

4-1.2-3. Order for temporary care of seized animals.

     (a) If it appears from the allegations of the petition and other affirmations of fact

accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find

that the animal's condition or the circumstances surrounding its care require that its custody be

immediately assumed to safeguard its welfare, the court shall either:

     (1) Issue an order to the owner(s) or person(s) having responsibility for the care of the

animal to show cause at such time as the court may designate why the court shall not vest in some

suitable state, municipal, or other public or private agency or person the animal's temporary care

and custody pending a hearing on the petition; or

     (2) Issue an order vesting in some suitable state, municipal, or other public or private

agency or person, the animal's temporary care and custody, pending a hearing on the petition,

which hearing shall be held within ten (10) days from the issuance of such the order on the need

for such temporary care and custody. The service of such the orders may be made by any officer

authorized by law to serve process, state police officer, indifferent person, or by certified mail

with return receipt requested if the individual lives out of state.

 

 

 

16)

Section

Add Chapter Numbers:

 

4-1.2-4

180 and 242

 

 

4-1.2-4. Posting of bond.

     (a) If the court issues an order pursuant to � 4-1.2-3 vesting the animal's temporary care

and custody in some suitable state, municipal, or other public or private agency or person, the

owner(s) shall either surrender ownership of the animal or post a surety bond or cash bond with

the agency or person in whom the animal's temporary care and custody was vested. The surety

bond or cash bond shall be in in an amount sufficient to pay the reasonable expenses related to

necessary veterinary care, shelter, feeding, and board which that is reasonably anticipated to be

incurred by the agency or person having temporary care and custody of the animal during the

litigation of the process referenced in � 4-1.2-1.

     (b) The surety bond or cash bond shall cover the expenses for a period as decided by the

court with subsequent bonds being necessary upon the expiration of the preceding bond until the

animal is transferred, returned, or otherwise treated pursuant to � 4-1.2-5. Failure to post the

original or subsequent bonds will result in forfeiture of the seized animals, with disposition as

provided for pursuant to � 4-1.2-5.

 

 

 

17)

Section

Add Chapter Numbers:

 

4-1.2-5

180 and 242

 

 

4-1.2-5. Disposition of seized animals.

     (a) If, a seized animal is forfeited or surrendered pursuant to � 4-1.2-4, or after hearing,

the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the

animal in any state, municipal, or other public or private agency which that is permitted by law to

care for neglected or cruelly treated animals or with any person found to be suitable or worthy of

such the responsibility by the court.

     (b) If, after hearing, the court finds that the animal is so injured or diseased, the court may

order the animal into the care of a licensed veterinarian to provide the animal with appropriate

treatment.

     (c) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it

may cause the animal to be returned to its owner(s) or person(s) having responsibility for its care

or, if such the owner(s) or person(s) is unknown or unwilling to resume caring for such the

animal, it may transfer ownership of the animal in any state, municipal, or other public or private

agency or person found to be suitable or worthy of such the responsibility.

     (d) If the court renders a final decision under subsection (a) or (b) of this section, the

agency or person with whom the bond was posted shall return the balance, if any, of such the

bond to the owner(s). The amount of the bond to be returned to the owner(s) shall be calculated

by dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the

number of days less than thirty (30) that such the agency or person has not had temporary care

and custody of the animal.

     (e) If the court makes a finding pursuant to subsection (c) of this section after the

issuance of an order of temporary care and custody pursuant to � 4-1.2-3 and the owner(s) of the

animal has posted a bond pursuant to � 4-1.2-4(b), the agency or person with whom the bond was

posted shall return all such the bond(s) to such the owner(s).

     (f) Unless the court finds that there was no probable cause to institute a complaint that the

animal is not neglected or cruelly treated, the expense incurred by the state or a municipality in

providing proper food, shelter, and care to an animal it has seized pursuant to this chapter and the

expense incurred by any state, municipal, or other public or private agency or person in providing

temporary care and custody to an animal pursuant to the provisions of this chapter shall be

determined by calculating the average costs from three (3) providers of the necessary equivalent

services related to the veterinary care, sheltering, feeding, and board in the state, which was

provided to the animal.

 

 

 

18)

Section

Amend Chapter Numbers:

 

4-19-1

120 and 145

 

 

4-19-1. Purpose.

     The purpose of this chapter is:

     (1) To protect the owners of dogs and cats from the sale or use of stolen pets;

     (2) To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed

or registered under this chapter, are provided humane care and treatment by regulating the

transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons

or organizations engaged in transporting, selling, handling, housing, and care of these animals;

     (3) To ensure that animals confined in pet shops, kennels, animal shelters, auction

markets, breeding facilities, and pounds are provided humane care and treatment;

     (4) To release for sale, trade, or adoption only those animals that appear to be free of

infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is

assured; and

     (5) To ensure the spaying and neutering of dogs and cats that are adopted from a

releasing agency;

     (6) To increase transparency concerning where pet shops source dogs and cats; and

     (7) To ensure pet shops can also source puppies and kittens from rescues and shelters to

help provide homes for puppies and kittens in need.

 

 

 

19)

Section

Amend Chapter Numbers:

 

4-19-1

182 and 252

 

 

4-19-1. Purpose.

     The purpose of this chapter is:

     (1) To protect the owners of dogs and cats from the sale or use of stolen pets;

     (2) To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed

or registered under this chapter, are provided humane care and treatment by regulating the

transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons

or organizations engaged in transporting, handling, housing, and care of these animals;

     (3) To ensure that animals confined in pet shops, kennels, animal shelters, auction

markets, breeding facilities, training facilities with the exception of training facilities maintained

by government agencies and training facilities operated by volunteers working for a not-for-profit

or exempt nonprofit organization pursuant to 26 U.S.C. � 501(c)(3) of the Internal Revenue Code,

and pounds are provided humane care and treatment;

     (4) To release for sale, trade, or adoption only those animals that appear to be free of

infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is

assured; and

     (5) To ensure the spaying and neutering of dogs and cats that are adopted from a

releasing agency.

 

20)

Section

Amend Chapter Numbers:

 

4-19-2

120 and 145

 

 

4-19-2. Definitions.

     As used in this chapter, chapter 13 of this title, and the regulations promulgated under

this chapter:

     (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

     (2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent

the animal from experiencing unnecessary or unjustified physical pain or suffering.

     (3) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

     (4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for an animal from a releasing agency that is properly licensed or registered by the

department.

     (5) "Adopting party" means any person who enters into a contract acquiring an animal

from a releasing agency that is properly licensed or registered by the department.

     (6) "Ambient temperature" means the temperature surrounding the animal.

     (7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

     (8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar

facility, that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

     (9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society,

animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

     (10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs

and/or cats for the purpose of improving and enhancing a breed recognized and registered by the

American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale

at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

     (11) "Broker" means any third party who arranges, delivers, or otherwise facilitates

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

     (12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds

animals for the purpose of selling or donating to another dealer or pet shop or research facility.

     (13) "Director" means the director of environmental management of the state of Rhode

Island.

     (14) "Dog officer" or "animal-control officer" means any person employed, contracted, or

appointed by the state, or any political subdivision of the state, for the purpose of aiding in the

enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats,

or other animals; the control of dogs, cats, or other animals; or the seizure and impoundment of

dogs, cats, or other animals and includes any state or municipal peace officer, animal-control

officer, sheriff, constable, or other employee whose duties, in whole or in part, include

assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

     (15) "Euthanasia" means the humane destruction of an animal accomplished by a method

that involves instantaneous unconsciousness and immediate death or by a method that involves

anesthesia, produced by an agent that causes painless loss of consciousness and death during that

loss of consciousness.

     (16) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses;, has title to or an interest in;, harbors, or has control, custody, or possession of an

animal and who is responsible for an animal's safety and well-being.

     (17) "Hobby breeder" means those persons whose regular occupation is not the breeding

and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not

exceed the limits set forth in � 4-25-1(4). Any person who sells at retail a number in excess of the

limits in the aforementioned section shall be considered a breeder.

     (18) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

     (19) "Kennel" means a place or establishment, other than a pound or animal shelter, or

veterinary hospital that is housing animals during their treatment, where animals not owned by

the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to

the following:

      sheltering (i) Sheltering, feeding, and watering in return for a fee in a residential setting,

of no more than four (4) animals not owned by the proprietor, subject to any applicable municipal

ordinance that may be more restrictive;

     (ii) Any entity that sells a dog or cat.

     (20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound,

animal-control officer, or broker that is required to be licensed or registered with the director

pursuant to the provisions of this chapter and is so licensed or registered.

     (21) "Neuter" means to surgically render a male dog or cat unable to reproduce.

     (22) "Person" means any individual, partnership, firm, joint stock company, corporation,

association, trust, estate, or other legal entity.

     (23) "Pet shop" means a temporary or permanent an establishment where animals are

bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in � 4-25-1(4).

     (24) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under

a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

     (25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal

that will have the intended purpose or effect of containment of that animal or that will effectively

restrict the liberty of the animal.

     (26) "Public auction" means any place or location where dogs or cats are sold at auction

to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a

group, or by weight.

     (27) "Research facility" means any place, laboratory, or institution at which scientific

tests, investigations, or experiments, involving the use of living animals, are carried out,

conducted, or attempted.

     (28) "Sanitize" means to make physically clean and to remove and destroy, to a practical

minimum, agents injurious to health.

     (29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances,

the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

     (30) "Spay" means to surgically render a female dog or cat unable to reproduce.

     (31) "State veterinarian" means a licensed veterinarian from the department of

environmental management.

 

 

 

21)

Section

Amend Chapter Numbers:

 

4-19-2

182 and 252

 

 

4-19-2. Definitions.

     As used in this chapter, chapter 13 of this title, and the regulations promulgated under

this chapter:

     (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

     (2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent

the animal from experiencing unnecessary or unjustified physical pain or suffering.

     (3) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

     (4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for an animal from a releasing agency that is properly licensed or registered by the

department.

     (5) "Adopting party" means any person who enters into a contract acquiring an animal

from a releasing agency that is properly licensed or registered by the department.

     (6) "Ambient temperature" means the temperature surrounding the animal.

     (7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

     (8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar

facility, that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

     (9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society,

animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

     (10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs

and/or cats for the purpose of improving and enhancing a breed recognized and registered by the

American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale

at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

     (11) "Broker" means any third party who arranges, delivers, or otherwise facilitates

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

     (12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds

animals for the purpose of selling or donating to another dealer or pet shop or research facility.

     (13) "Director" means the director of environmental management of the state of Rhode

Island.

     (14) "Dog officer" or "animal-control officer" means any person employed, contracted, or

appointed by the state, or any political subdivision of the state, for the purpose of aiding in the

enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats,

or other animals; the control of dogs, cats or other animals; or the seizure and impoundment of

dogs, cats, or other animals and includes any state or municipal peace officer, animal-control

officer, sheriff, constable, or other employee whose duties, in whole or in part, include

assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

     (15) "Euthanasia" means the humane destruction of an animal accomplished by a method

that involves instantaneous unconsciousness and immediate death or by a method that involves

anesthesia, produced by an agent that causes painless loss of consciousness and death during that

loss of consciousness.

     (16) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses; has title to or an interest in; harbors or has control, custody, or possession of an animal

and who is responsible for an animal's safety and well-being.

     (17) "Hobby breeder" means those persons whose regular occupation is not the breeding

and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not

exceed the limits set forth in � 4-25-1(4). Any person who sells at retail a number in excess of the

limits in the aforementioned section shall be considered a breeder.

     (18) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

     (19) "Kennel" means a place or establishment, other than a pound or animal shelter, or

veterinary hospital that is housing animals during their treatment, where animals not owned by

the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to

the sheltering, feeding, and watering in return for a fee in a residential setting, of no more than

four (4) animals not owned by the proprietor, subject to any applicable municipal ordinance that

may be more restrictive.

     (20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound,

animal-control officer, or broker that is required to be licensed or registered with the director

pursuant to the provisions of this chapter and is so licensed or registered.

     (21) "Neuter" means to surgically render a male dog or cat unable to reproduce.

     (22) "Person" means any individual, partnership, firm, joint stock company, corporation,

association, trust, estate, or other legal entity.

     (23) "Pet shop" means a temporary or permanent establishment where animals are

bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in � 4-25-1(4).

     (24) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under

a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

     (25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal

that will have the intended purpose or effect of containment of that animal or that will effectively

restrict the liberty of the animal.

     (26) "Public auction" means any place or location where dogs or cats are sold at auction

to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a

group, or by weight.

     (27) "Research facility" means any place, laboratory, or institution at which scientific

tests, investigations, or experiments, involving the use of living animals, are carried out,

conducted, or attempted.

     (28) "Sanitize" means to make physically clean and to remove and destroy, to a practical

minimum, agents injurious to health.

     (29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances,

the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

     (30) "Spay" means to surgically render a female dog or cat unable to reproduce.

     (31) "State veterinarian" means a licensed veterinarian from the department of

environmental management.

     (32) "Trainer" means those persons who actively engage in the application of behavior

analysis using the environmental events of antecedents and consequences to modify the behavior

of an animal, either for the animal to assist in specific activities or undertake particular tasks, or

for the animal to participate effectively in contemporary domestic life, and who keep, board, or

retain possession of the animal for at least one overnight period, with the exception of those

persons engaged in these activities for dog training programs operated by government agencies

and for dog training programs operated by a not-for-profit or exempt nonprofit organization

pursuant to 26 U.S.C. � 501(c)(3) of the Internal Revenue Code.

 

 

 

22)

Section

Amend Chapter Numbers:

 

 

4-19-4

120 and 145

 

 

 

4-19-4. Registration of animal shelters, rescues, and brokers.

     No person shall operate an animal shelter, rescue, or as a broker unless a certificate of

registration for that animal shelter, rescue, or broker has been granted by the director. Application

for that certificate shall be made in the manner provided by the director. No fee is required for the

application or certificate. Certificates of registration are valid for a period of one year, or until

revoked, and may be renewed annually on the first day of January for like periods upon

application in the manner provided.

 

 

 

23)

Section

Add Chapter Numbers:

 

4-19-4.1

120 and 145

 

 

4-19-4.1. Sales by pet shops.

     (a) A pet shop shall send the following records to the department of environmental

management on or before May 1 and November 1 of every year, documenting the following for

each dog or cat offered for sale during the previous six (6) months:

     (1) A health certificate signed by a licensed veterinarian that indicates that the dog or cat

was examined and in good health seven (7) days after the dog or cat was acquired by the pet

shop;

     (2) Original source information including:

     (i) The name, business name, if applicable, street address, city, and state of the breeder;

     (ii) Any applicable federal and state license number for the breeder;

     (iii) Any federal and state inspection reports the breeder received in the previous six (6)

months, without redactions, unless the reports are unavailable because the breeder had not been

inspected by federal or state agencies in the previous six (6) months;

     (iv) The total number of dogs and cats on the premises of the breeder at the time the dog

or cat offered for sale by the pet shop left the breeder�s premises;

     (3) Broker or dealer information, if applicable, including:

     (i) The name, business name, if applicable, street address, city, and state of the broker or

dealer who obtained the dog or cat from the breeder and resold the dog or cat to the pet shop;

     (ii) Any applicable federal and state license number for the broker or dealer who sold the

dog or cat to the pet shop;

     (iii) Any federal and state inspection reports the broker or dealer received in the previous

six (6) months, without redactions, unless such reports are unavailable because the broker or

dealer has not been inspected by federal or state agencies in the previous six (6) months.

     (b) A pet shop shall post on the enclosure of each dog and cat offered for sale:

     (1) The breed, age, and date of birth of the dog or cat;

     (2) The information required under subsection (a) of this section.

     (c) Subsections (a) and (b) of this section shall not apply to any dog or cat obtained from

an animal rescue, shelter, or dog pound.

     (1) For those dogs or cats obtained from an animal rescue, shelter, or dog pound, a pet

shop must post on each enclosure the name and address of the animal rescue, animal shelter, or

dog pound, and the organization�s federal tax identification number, if applicable.

     (d) A pet shop owner or operator who violates any provision of this section, shall be

punished by a fine of not more than two hundred fifty dollars ($250) for a first offense, by a fine

of not more than three hundred dollars ($300) for a second offense, and a fine of not more than

five hundred dollars ($500) for a third or subsequent offense. Each failure to report or post in

violation of this section shall constitute a separate offense.

 

 

 

 

 

24)

Section

Add Chapter Numbers:

 

4-19-4.2

120 and 145

 

 

4-19-4.2. Prohibition on sales in public places.

     (a) It shall be unlawful for any person to sell, exchange, trade, barter, lease, or display for

a commercial purpose any dog or cat on any roadside, public right-of-way, parkway, median,

park, other recreation area, flea market or other outdoor market, or commercial or retail parking

lot regardless of whether such access is authorized.

     (b) This section shall not apply to the following:

     (1) The display or adoption of dogs or cats by an animal shelter, pound, or rescue as

defined in this chapter; or

     (2) The display of dogs or cats as part of a state or county fair exhibition, 4-H program, or

similar exhibitions or educational programs.

 

 

25)

Section

Amend Chapter Numbers:

 

4-19-5

120 and 145

 

 

4-19-5. Pet shop licenses.

     No person shall operate a pet shop, as defined in this chapter, unless a license to operate

that establishment shall have been granted by the director. Application for that license shall be

made in the manner provided by the director. The license period is the state's fiscal year and the

license fee is one hundred dollars ($100.00) for each license period or partial period part thereof

beginning with the first day of the fiscal year.

 

 

26)

Section

Amend Chapter Numbers:

 

4-19-5.1

120 and 145

 

 

4-19-5.1. Breeder licenses.

     No person shall act as a breeder, as defined in � 4-19-2, unless in possession of a valid

license to operate as a breeder granted by the director. Application for that license shall be made

in the manner provided by the director. The license period is the state's fiscal year and the license

fee is one hundred dollars ($100) for each license period or partial period part thereof beginning

with the first day of the fiscal year.

 

 

27)

Section

Amend Chapter Numbers:

 

4-19-6

120 and 145

 

 

4-19-6. Public auction and kennel licenses.

     (a) No person shall operate a public auction or a kennel, as defined in this chapter, unless

a license to operate that establishment has been granted by the director. Application for the

license shall be made in the manner provided by the director. The license period is the fiscal year

and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning

with the first day of the fiscal year.

     (b) This section shall not be interpreted to interfere in any manner with the issuing of a

public auction or kennel license by any city or town, nor any fee charged by any city or town. No

license shall be issued by the director except for those premises as shall be designated for the

licensure by the respective city or town council.

     (c) Pursuant to � 4-19-2(19), any person who provides the sheltering, feeding, and

watering in return for a fee in a residential setting of no more than four (4) animals not owned by

the proprietor is:

     (1) Exempt from licensure as a kennel under this chapter; and

     (2) Subject to inspection by an authorized agent of the department of environmental

management (hereinafter "the department") upon the department receiving a written complaint

against the person. Only complaints related to animal care, animal health, and animal welfare

may initiate an inspection. Any inspection that is conducted by the department shall be conducted

during the hours of eight o'clock a.m. (8:00 a.m.) through five o'clock p.m. (5:00 p.m.), unless the

person who is the subject of the complaint agrees to an inspection at another time; and

     (3) Required to be compliant with the department's rules and regulations governing

animal care facilities, RICR 250-RICR-40-05-4, �� 4.7 and 4.8.A.1 through 8 (excluding the

sanitation log requirements of � 4.8.A.3). Any inspection conducted by an authorized agent of the

department shall be limited to the aforementioned sections and shall be limited to areas to which

the animals being cared for have access. Any violations of these sections are punishable in

accordance with � 4.12 of the rules and regulations governing animal care facilities and any

appeal for any enforcement action shall be made in accordance with � 4.11.B of those rules and

regulations; and

     (4) Any person who is subject to inspection pursuant to the conditions set forth in

subsection (c)(2), but who denies access to authorized inspectors from the department, is subject

to a civil fine of three hundred fifty dollars ($350). Each day that access is denied shall constitute

a separate punishable offense.

 

28)

Section

Amend Chapter Numbers:

 

4-19-7

120 and 145

 

 

4-19-7. Dealer licenses.

     No person shall be operate as a dealer, as defined in this chapter, after the first day of the

fiscal year unless a license to deal has been granted by the director to that person. Application for

the license shall be made in the manner provided by the director. The license period is the fiscal

year and the license fee is one hundred dollars ($100) for each license period or part thereof

beginning with the first day of the fiscal year.

 

29)

Section

Amend Chapter Numbers:

 

4-19-8

120 and 145

 

 

4-19-8. Denial of certificates of registration or licenses.

     (a) A certificate of registration may be denied to any pound or animal shelter, rescue, or

broker, and a license may be denied to any public auction, kennel, breeder, pet shop, or dealer or,

if granted, the certificate or license may be revoked by the director if, after a hearing, it is

determined that the housing facilities and/or primary enclosures are inadequate for the purposes

of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal

shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or

with the intent of the rules and regulations that may be promulgated pursuant to the authority of

this chapter.

     (b) Upon revocation of a certificate of registration, all animals in the possession of the

pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency

for disposition.

     (c) Upon the revocation of a license, all animals in the possession of the public auction,

kennel, pet shop, breeder, or dealer must be disposed of by the former licensee in a manner

approved by the department. Such disposition must not be for profit and must occur in a

timeframe that is determined by the department. Inspectors from the department or from the

Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility

where the animals being housed by the former licensee are being held until disposition so that the

welfare of said animals can be assured.

 

30)

Section

Amend Chapter Numbers:

 

4-19-8

182 and 252

 

 

4-19-8. Denial of certificates of registration or licenses.

     (a) A certificate of registration may be denied to any pound or animal shelter, rescue,

broker, and a license may be denied to any public auction, kennel, breeder, pet shop, trainer, or

dealer or, if granted, the certificate or license may be revoked by the director if, after a hearing, it

is determined that the housing facilities and/or primary enclosures are inadequate for the purposes

of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal

shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or

with the intent of the rules and regulations that may be promulgated pursuant to the authority of

this chapter.

     (b) Upon revocation of a certificate of registration, all animals in the possession of the

pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency

for disposition.

     (c) Upon the revocation of a license, all animals in the possession of the public auction,

kennel, pet shop, breeder, trainer, or dealer must be disposed of by the former licensee in a

manner approved by the department. Such disposition must not be for profit and must occur in a

timeframe that is determined by the department. Inspectors from the department or from the

Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility

where the animals being housed by the former licensee are being held until disposition so that the

welfare of said animals can be assured.

 

31)

Section

Amend Chapter Numbers:

 

4-19-10

120 and 145

 

 

4-19-10. Dealing in animals without a license.

     Any person dealing in who operates as a dealer of animals, as defined in this chapter,

without a currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere,

be punished pursuant to � 4-19-11.3. Each day of operation shall constitute a separate offense.

 

32)

Section

Amend Chapter Numbers:

 

4-19-16

120 and 145

 

 

4-19-16. Mandatory spaying and neutering of dogs and cats adopted from a licensed

releasing agency.

     (a)(1) No licensed releasing agency shall release, sell, trade, give away, exchange, adopt

out, or otherwise transfer, with or without a fee, any dog or cat that has not been spayed or

neutered unless the adopting party executes a written agreement with the licensed releasing

agency to have the dog or cat spayed or neutered in accordance with subdivisions (2) and (3) of

this section subsections (a)(2) and (a)(3).

     (2) The licensed releasing agency is authorized to enter into a written adoption agreement

with the adopting party provided that at the time of execution of the written agreement, the

licensed releasing agency collect from the adopting party an amount equal to the cost to the

licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The written

agreement must include the dog or cat's age, sex, and general description; the date the adoption

agreement was executed; the date by which the licensed releasing agency anticipates that the dog

or cat will be spayed or neutered; the date by which the adoptive party shall claim the dog or cat;

the adopting party's name, address, phone number, and signature; the licensed releasing agency's

name, address, phone number, and the dollar amount remitted to the licensed releasing agency for

the cost of spaying or neutering the dog or cat.

     (3) After execution of the agreement, the licensed releasing agency shall cause the dog or

cat to be spayed or neutered and, when medically fit, shall transfer custody of the dog or cat to the

adopting party. Any dog or cat that is not claimed by the adoptive party within ten (10) days of

the date enumerated in the written adoption agreement shall be considered unclaimed and may be

offered for adoption to another party.

     (b) The following are exemptions from the provisions of subsection (a):

     (1) A licensed releasing agency returns a stray dog or cat to its owner.

     (2) A licensed releasing agency receives a written report from a licensed veterinarian

stating that the life of the dog or cat would be jeopardized by the surgery and that this health

condition is likely to be permanent.

     (3) A licensed releasing agency receives a written report from a licensed veterinarian

stating that there is a temporary health condition, including sexual immaturity, which would make

surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing

agency shall enter into a written agreement for the spaying or neutering of the dog or cat upon

resolution of the temporary health condition or the animal reaching maturity and shall collect

from the adopting party an amount equal to the cost to the licensed releasing agency for the

spaying or neutering of the dog or cat to be adopted. The licensed releasing agency may then

allow the transfer of the dog or cat to the adopting party who shall return the dog or cat to the

licensed releasing agency for spaying or neutering upon resolution of the temporary health

condition or the animal reaching sexual maturity. The licensed releasing agency may grant the

adopting party an appropriate extension of time in which to have the dog or cat spayed or

neutered based on the veterinarian's report.

     (4) A licensed releasing agency transfers a dog or cat to another licensed releasing

agency.

     (c) If requested to do so, a licensed releasing agency shall refund fees collected for the

purpose of spaying or neutering the dog or cat to the adopting party upon reasonable proof being

presented to the releasing agency by the adopting party that the dog or cat died before the spaying

or neutering was required to be completed.

     (d) Any and all licensed releasing agencies:

     (1) May enter into cooperative agreements with each other and with veterinarians in

carrying out this section; and

     (2) Shall make a good faith effort to cause an adopting party to comply with this section.

 

33)

Section

Amend Chapter Numbers:

 

4-19-20

120 and 145

 

 

4-19-20. Severability.

     If any provision of this chapter or the application of any provision to any person or

circumstances are is held invalid, the remainder of the chapter and the application of any

provision to persons or circumstances other than those as to which it is held invalid shall not be

affected by this invalidity.

 

34)

Section

Amend Chapter Numbers:

 

5-8-21

189, 240, and 308

 

 

5-8-21. Exemptions.

     This chapter shall not be construed to prevent or to affect:

     (1) Temporary certificates of registration.

     (i) Nonresidents. The practice or offer to practice of engineering by a person not a

resident of or having no established place of business in this state, when that practice does not

exceed in the aggregate more than thirty (30) days in any calendar year; provided, the person is

legally qualified by registration to practice engineering, as defined in � 5-8-2(f), in his or her own

state or country. The person shall make application to the board, in writing, and after payment of

a fee set by the board in an amount not to exceed two hundred dollars ($200) may be granted a

written temporary certificate of registration for a definite period of time to do a specific job;

provided, no right to practice engineering accrues to an applicant as to any work not prescribed in

the temporary certificate.

     (ii) Recent arrivals in state. The practice of a person not a resident of and having no

established place of business in this state, or who has recently become a resident of the state,

practicing or offering to practice engineering in the state for more than thirty (30) days in any

calendar year, if he or she has filed with the board an application for a certificate of registration

and has paid the fee required by this chapter; provided, that the person is legally qualified by

registration to practice engineering in his or her own state or country. That practice shall continue

only for the time that the board requires for the consideration of the application for registration.

     (2) Employees and subordinates. The work of an employee or a subordinate of a person

holding a certificate of registration under this chapter, or an employee of a person practicing

lawfully under paragraph (1)(ii) of this section; provided, that work does not include final

engineering designs or decisions and is done under the direct supervision of or checked by a

person holding a certificate of registration under this chapter or a person practicing lawfully under

subdivision (1) of this section.

     (3) Partnership, limited-liability partnership, corporate and limited-liability company

practice. The practice or offer to practice of engineering as defined by this chapter by individual

registered professional engineers through a partnership, limited-liability partnership, corporation,

joint stock company, or limited-liability company, or by a partnership, limited-liability

partnership, corporation, limited-liability company, or joint stock company, through individual

registered professional engineers as agents, employees, officers, or partners or members or

managers, provided, that they are jointly and severally liable for their professional acts; and

provided, that all personnel of that partnership, limited-liability partnership, joint stock company,

corporation or limited-liability company who act in on its behalf as engineers in the state are

registered under this chapter or are persons practicing lawfully or are exempt under subdivision

subsection (1) or (2) or (3) of this section. Each partnership, limited-liability partnership, joint

stock company, corporation or limited-liability company providing engineering services is jointly

and severally liable with the individually registered professional engineers, and all final plans,

designs, drawings, specifications, and reports involving engineering judgment and discretion,

when issued, shall be dated and bear the seals and signatures of the engineers who prepared them.

     (4) Federal employees. The practice by officers and employees of the government of the

United States while engaged within this state in the practice of engineering for that government;

provided, that no right to practice engineering accrues to those persons as to any other

engineering work. The rights to registration after leaving government employment shall not be

granted except under the provisions established under � 5-8-11.

     (5) Railroad, telephone, telegraph, and other public utility companies. The practice of

engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public

utility companies, and their officers and employees while engaged in the work of those

companies in this state; provided, that the practice is carried on under the responsible charge of an

engineer or engineers in this state, or in any other state under requirements equivalent to those

prescribed in this chapter; provided that all plans for natural gas infrastructure, including, but not

limited to, repairs, maintenance, and construction, shall be built in accordance with design plans

and specifications approved by a Rhode Island registered professional engineer when the work

could pose a material risk to public safety; and provided, that no right to practice engineering

accrues to any unregistered person as to any other engineering work.

     (6) Manufacturing corporations. The practice of engineering, as prescribed in this

chapter, by manufacturing corporations, and their officers and employees while engaged in

manufacturing, and research and development activities for those corporations.

     (7) Research and development corporations. The practice of engineering, as prescribed in

this chapter, by research and development corporations, and their officers and employees while

engaged in research and development activities for that corporation.

     (8) Other professions. The practice of architecture, landscape architecture, or land

surveying.

 

 

  (5) Railroad, telephone, telegraph, and other public utility companies. The practice of

engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public

utility companies, and their officers and employees while engaged in the work of those

companies in this state; provided, that the practice is carried on under the responsible charge of an

engineer or engineers in this state, or in any other state under requirements equivalent to those

prescribed in this chapter; and provided, that no right to practice engineering accrues to any

unregistered person as to any other engineering work.

 

35)

Section

Amend Chapter Numbers:

 

5-10-1

108 and 127

 

 

5-10-1. Definitions.

     The following words and phrases, when used in this chapter, are construed as follows:

     (1) "Apprentice barber" means an employee whose principal occupation is service with a

barber who has held a current license as a barber for at least three (3) years with a view to

learning the art of barbering, as defined in subdivision (15) of this section.

     (2) "Barber" means any person who shaves or trims the beard; waves, dresses, singes,

shampoos, or dyes the hair; or applies hair tonics, cosmetic preparations, antiseptics, powders, oil

clays, or lotions to scalp, face, or neck of any person; or cuts the hair of any person; gives facial

and scalp massages; or treatments with oils, creams, lotions, or other preparations.

     (3) "Board" means the state board of barbering and hairdressing as provided for in this

chapter.

     (4) "Department" means the Rhode Island department of health.

     (5) "Division" means the division of professional regulation within the department of

health.

     (6) "Esthetician" means a person who engages in the practice of esthetics, and is licensed

as an esthetician.

     (7) "Esthetician shop" means a shop licensed under this chapter to do esthetics of any

person.

     (8) "Esthetics" means the practice of cleansing, stimulating, manipulating, and

beautifying skin, including, but not limited to, the treatment of such skin problems as

dehydration, temporary capillary dilation, excessive oiliness, and clogged pores.

     (9) "Hair design shop" means a shop licensed under this chapter to do barbering or

hairdressing/cosmetology, or both, to any person.

     (10) "Hairdresser and cosmetician" means any person who arranges, dresses, curls, cuts,

waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any person,

either with or without compensation, or who, by the use of the hands or appliances, or of cosmetic

preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or without

compensation, in massaging, cleansing, stimulating, manipulating, exercising, or beautifying, or

in doing similar work upon the neck, face, or arms, or who removes superfluous hair from the

body of any person.

     (11) "Instructor" means any person licensed as an instructor under the provisions of this

chapter.

     (12) "Manicuring shop" means a shop licensed under this chapter to do manicuring only

on the nails of any person.

     (13) "Manicurist" means any person who engages in manicuring for compensation and is

duly licensed as a manicurist.

     (14) "School" means a school approved under chapter 40 of title 16, as amended, devoted

to the instruction in, and study of, the theory and practice of barbering, hairdressing, and cosmetic

therapy, esthetics, and/or manicuring.

     (15) "The practice of barbering" means the engaging by any licensed barber in all, or any

combination of, the following practices: shaving or trimming the beard or cutting the hair; giving

facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by

hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving,

chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying cosmetic

preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck.

     (16) "The practice of hairdressing and cosmetic therapy" means the engaging by any

licensed hairdresser and cosmetician in any one or more of the following practices: the

application of the hands or of mechanical or electrical apparatus, with or without cosmetic

preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate,

manipulate, exercise, or otherwise to improve or to beautify the scalp, face, neck, shoulders,

arms, bust, or upper part of the body; or the manicuring of the nails of any person; or the

removing of superfluous hair from the body of any person; or the arranging, dressing, curling,

waving, weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair

of any person. Provided, however, that the practice of hairdressing and cosmetic therapy shall not

include natural hair braiding.

     (17) "The practice of manicuring" means the cutting, trimming, polishing, tinting,

coloring, or cleansing the nails of any person.

36)

Section

Add Chapter Numbers:

 

5-10-29

108 and 127

 

 

5-10-29. Persons exempt from chapter.

     (a) The provisions and penalties of this chapter do not apply to licensed physicians,

osteopaths, chiropractors, or registered nurses, or natural hair braiders, when acting within the

scope of their professions or occupations as defined by law.

     (b) Natural hair braiding. Natural hair braiding is a service of twisting, wrapping,

weaving, extending, locking, or braiding hair by hand or with mechanical devices.

     (1) Natural hair braiding includes:

     (i) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers,

decorative beads, and other hair accessories;

     (ii) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping,

weaving, extending, locking, or braiding hair;

     (iii) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and

shampoos in conjunction with hair braiding;

     (iv) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair

extensions; and

     (v) Mechanical devices mean clips, combs, crochet hooks, curlers, curling irons, hairpins,

rollers, scissors, blunt-tipped needles, thread, and hair binders.

     (2) Natural hair braiding is commonly known as "African-style hair braiding" but is not

limited to any particular cultural, ethnic, racial, or religious forms of hair styles.

     (3) Natural hair braiding does not include:

     (i) The application of dyes, reactive chemicals, or other preparations to alter the color of

the hair or to straighten, curl, or alter the structure of the hair; or

     (ii) The use of chemical hair joining agents, such as synthetic tape, keratin bonds, or

fusion bonds.

     (c) Any violation of this section shall result in a fine of fifty dollars ($50.00) for a first

violation, one hundred dollars ($100) for a second violation, and one hundred fifty dollars ($150)

for each subsequent violation.

37)

Section

Add Chapter Numbers:

 

5-19.1-34

93 and 128

 

 

5-19.1-34. Notice of warning regarding use of schedule II controlled substances to be

posted.

     (a) The director of the department of health shall compile a list of at least the ten (10)

most prescribed drugs containing opioids and/or other schedule II controlled substances as listed

in � 21-28-2.08 and forward it to the board of pharmacy which shall distribute that list to all

pharmacies in the state. The list shall also contain warnings relating to the overuse, misuse, and

mixing of those drugs with other drugs, specifically benzodiazepines, and/or alcohol, including,

but not limited to, dependence, addiction, or death.

     (b) Each pharmacy shall conspicuously display the list at or adjacent to the place in the

pharmacy where prescriptions are presented for compounding and dispensing.

     (c) The pharmacist shall also inform the patient that the pharmacist may dispense a partial

fill of the prescription if requested by the patient and the procedure for other partial fills until the

full prescription is dispensed within thirty (30) days of the date on which the prescription was

written.

 

38)

Section

Add Chapter Numbers:

 

5-19.1-35

276 and 278

 

 

5-19.1-35. Audits.

     (a) When an on-site audit of the records of a pharmacy is conducted by a carrier or their

its intermediary, the audit must be conducted in accordance with the following criteria:

     (1) A finding of overpayment or underpayment must be based on the actual overpayment

or underpayment, and not a projection based on the number of patients served having a similar

diagnosis, or on the number of similar orders or refills for similar drugs, unless the projected

overpayment or denial is a part of a settlement agreed to by the pharmacy or pharmacist;

     (2) The auditor may not use extrapolation in calculating recoupments or penalties unless

required by state or federal laws or regulations;

     (3) Any audit that involves clinical judgment must be conducted by, or in consultation

with, a pharmacist; and

     (4) Each entity conducting an audit shall establish an appeal process under which a

pharmacy may appeal an unfavorable preliminary audit report to the entity.

     (b) This section does not apply to any audit, review, or investigation that is initiated

based on or involving suspected or alleged fraud, willful misrepresentation, or abuse.

     (c) Prior to an audit, the entity conducting an audit shall give the pharmacy fourteen (14)

days advance written notice of the audit and the range of prescription numbers involved in the

audit. The carrier or their its intermediary may mask the last two digits of such the numbers.

Additionally, the number of prescriptions shall not exceed one hundred fifty (150) prescription

claims and their applicable refills. The time allotted must be adequate to collect all samples. The

examination of signature logs shall not exceed twenty-five (25) signature logs in number.

     (d) A pharmacy has the right to execute the dispute resolution contained in their contract.

     (e)(1) A preliminary audit report must be delivered to the pharmacy or its corporate office

within sixty (60) days after the conclusion of the audit. A pharmacy must be allowed at least

thirty (30) days following receipt of the preliminary audit to provide documentation to address

any discrepancy found in the audit. A final audit report must be delivered to the pharmacy or its

corporate office within ninety (90) days after receipt of the preliminary audit report or final

appeal, whichever is later. A charge-back recoupment or other penalty may not be assessed until

the appeal process provided by the pharmacy benefits manager has been exhausted and the final

report issued. If the identified discrepancy for a single audit exceeds twenty-five thousand dollars

($25,000), future payments in excess of that amount may be withheld pending the adjudication of

an appeal. Auditors shall only have access to previous audit reports on a particular pharmacy

conducted for the same entity.

     (2) Auditors may initiate a desk audit prior to an on-site audit unless otherwise specified

in the law.

     (3) Contracted auditors cannot be paid based on the findings within an audit.

     (4) Scanned images of all prescriptions including all scheduled controlled substances are

allowed to be used by the pharmacist for an audit. Verbally received prescriptions must be

accepted upon validation by the auditing entity and applicable for the initial desk or on-site audit.

     (5) The period covered by an audit may not exceed two (2) years.

     (6) Within five (5) business days of receiving the audit notification, pharmacies are

allowed, at a minimum, one opportunity to reschedule with the auditor if the scheduled audit

presents a scheduling conflict for the pharmacist.

     (f) Any clerical error, typographical error, scrivener's error, or computer error regarding a

document or record required under the Medicaid program does not constitute a willful violation

and is not subject to criminal penalties without proof of intent to commit fraud.

     (g) Limitations.

     (1) Exceptions. The provisions of this chapter do not apply to an investigative audit of

pharmacy records when:

     (i) Fraud, waste, abuse, or other intentional misconduct is indicated by physical review or

review of claims data or statements; or

     (ii) Other investigative methods indicate a pharmacy is or has been engaged in criminal

wrongdoing, fraud, or other intentional or willful misrepresentation.

     (2) Federal law. This chapter does not supersede any audit requirements established by

federal law.

 

39)

Section

Amend Chapter Numbers:

 

5-20.7-20

45 and 65

 

 

5-20.7-20. Revocation or suspension of certification or license.

     (a) The director of the department of business regulation may, upon his or her own

motion or by recommendation of the board, and shall, upon the verified complaint, in writing, of

any person setting forth a cause under this section, ascertain the facts and, if warranted, hold a

hearing for the suspension or revocation of a certification or license.

     (b) No action may be taken pursuant to this section against a person who is certified or

licensed in accordance with the provisions of this chapter unless the action is commenced within:

     (1) Five (5) years of the issuance of the certified appraisal report; or

     (2) Two (2) years of any judicial proceeding in which the appraiser provided testimony

related to the appraisal assignment, whichever period expires later.

     (c) The director has the power to refuse a certification or license for cause or to suspend

or revoke a certification or license where it has been obtained by false representation, or by

fraudulent act or conduct, or where the holder of a certificate in performing or attempting to

perform any of the acts mentioned in this chapter, is found guilty of:

     (1) Procuring or attempting to procure certification or licensing pursuant to this chapter

by knowingly making a false statement, knowingly submitting false information, refusing to

provide complete information in response to a question in an application for certification or

license, or through any form of fraud or misrepresentation;

     (2) Failing to meet the minimum qualifications established by this chapter;

     (3) Paying money other than provided for by this chapter to any member or employee of

the board or department to procure a certification under this chapter;

     (4) A conviction, including a conviction based upon a plea of guilty or nolo contendere,

of a crime, which is substantially related to the qualifications, functions, and duties of a person

developing appraisals and communicating appraisals to others or convicted conviction of any

felony;

     (5) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to

benefit the certificate holder or another person or with the intent to substantially injure another,

mislead or defraud another person;

     (6) Failure or refusal without good cause to exercise reasonable diligence in developing

an appraisal, preparing an appraisal report, or communicating an appraisal;

     (7) Accepting an appraisal assignment when the employment itself is contingent upon the

appraiser reporting a predetermined estimate, analysis, or opinion, or where the fee to be paid is

contingent upon the opinion, conclusion, or valuation reached, or upon the consequence resulting

from the appraisal assignment; or

     (8) Entry of a final civil judgment against the person on grounds of fraud,

misrepresentation, or deceit in the making of an appraisal.

 

 

 

40)

Section

Amend Chapter Numbers:

 

5-20.8-2

207 and 219

 

 

5-20.8-2. Disclosure requirements.

     (a) As soon as practicable, but in any event no later than prior to signing any agreement

to transfer real estate, the seller of the real estate shall deliver a written disclosure to the buyer

and to each agent with whom the seller knows he or she or the buyer has dealt in connection with

the real estate. The written disclosure shall comply with the requirements set forth in subsection

(b) of this section and shall state all deficient conditions of which the seller has actual knowledge.

The agent shall not communicate the offer of the buyer until the buyer has received a copy of the

written disclosure and signed a written receipt of the disclosure. If the buyer refuses to sign a

receipt pursuant to this section, the seller or agent shall immediately sign and date a written

account of the refusal. The agent is not liable for the accuracy or thoroughness of representations

made by the seller in the written disclosure or for deficient conditions not disclosed to the agent

by the seller.

     (b)(1) The Rhode Island real estate commission may approve a form of written disclosure

as required under this chapter or the seller may use a disclosure form substantially conforming to

the requirements of this section. The following provisions shall appear conspicuously at the top of

any written disclosure form: "Prior to the signing of an agreement to transfer real estate (vacant

land or real property and improvements consisting of a house or building containing one to four

(4) dwelling units), the seller is providing the buyer with this written disclosure of all deficient

conditions of which the seller has knowledge. This is not a warranty by the seller that no other

defective conditions exist, which there may or may not be. The buyer should estimate the cost of

repair or replacement of deficient conditions prior to submitting an offer on this real estate. The

buyer is advised not to rely solely upon the representation of the seller made in this disclosure,

but to conduct any inspections or investigations which the buyer deems to be necessary to protect

his or her best interest." Nothing contained in this section shall be construed to impose an

affirmative duty on the seller to conduct inspections as to the condition of this real estate.

     (2) The disclosure form shall include the following information:

     (i) Seller Occupancy -- (Length of Occupancy)

     (ii) Year Built

     (iii) Basement -- (Seepage, Leaks, Cracks, etc. Defects)

     (iv) Sump Pump -- (Operational, Location, and Defects)

     (v) Roof (Layers, Age, and Defects)

     (vi) Fireplaces -- (Number, Working and Maintenance, Defects)

     (vii) Chimney -- (Maintenance History, Defects)

     (viii) Woodburning Stove -- (Installation Date, Permit Received, Defects)

     (ix) Structural Conditions -- (Defects)

     (x) Insulation -- (Wall, Ceiling, Floor, UFFI)

     (xi) Termites or other Pests -- (Treatment Company)

     (xii) Radon -- (Test, Company) "Radon has been determined to exist in the State of

Rhode Island. Testing for the presence of radon in residential real estate prior to purchase is

advisable."

     (xiii) Electrical Service -- (Imp. & Repairs, Electrical Service, Amps, Defects,

Modifications)

     (xiv) Heating System -- (Type, Imp. & Repairs, Underground Tanks, Zones,

Supplemental Heating, Defects, Modifications)

     (xv) Air Conditioning -- (Imp. & Repairs, Type, Defects)

     (xvi) Plumbing -- (Imp. & Repairs, Defects, Modifications)

     (xvii) Sewage System -- (Assessment, Annual Fees, Type, Cesspool/Septic Location,

Last Pumped, Maintenance History, Defects)

     "Potential purchasers of real estate in the state of Rhode Island are hereby notified that

many properties in the state are still serviced by cesspools as defined in Rhode Island general law

chapter 23-19.15 chapter 19.15 of title 23 (The Rhode Island Cesspool Phase-Out Act cesspool

phase-out act of 2007). Cesspools are a substandard and inadequate means of sewage treatment

and disposal, and cesspools often contribute to groundwater and surface water contamination.

Requirements for abandonment and replacement of high-risk cesspools as established in Rhode

Island general law Chapter 23-19.15 chapter 19.15 of title 23 are primarily based upon a

cesspool's non-treatment of wastewater and the inherent risks to public health and the

environment due to a cesspool's distance from a tidal water area, or a public drinking water

resource. Purchasers should consult Rhode Island general law chapter 23-19.15 chapter 19.15 of

title 23 for specific cesspool abandonment or replacement requirements. An inspection of

property served by an on-site sewage system by a qualified professional is recommended prior to

purchase. Pursuant to Rhode Island general law � 5-20.8-13, potential purchasers shall be

permitted a ten-(10) day (10) period to conduct an inspection of a property's sewage system to

determine if a cesspool exists, and if so, whether it will be subject to the phase-out requirements

as established in Rhode Island general law chapter 23-19.15 chapter 19.15 of title 23.

     (xviii) Water System -- (Imp. & Repairs, Type, Defects) Private water supply (well).

"The buyer understands that this property is, or will be served, by a private water supply (well)

which may be susceptible to contamination and potentially harmful to health. If a public water

supply is not available, the private water supply must be tested in accordance with regulations

established by the Rhode Island department of health pursuant to � 23-1-5.3. The seller of that

property is required to provide the buyer with a copy of any previous private water supply (well)

testing results in the seller's possession and notify the buyer of any known problems with the

private water supply (well)."

     (xix) Domestic Hot Water -- (Imp. & Repairs, Type, Defects, Capacity of Tank)

     (xx) Property Tax

     (xxi) Easements and Encroachments -- The seller of that the real estate is required to

provide the buyer with a copy of any previous surveys of the real estate that are in the seller's

possession and notify the buyer of any known easements, encroachments, covenants, or

restrictions of the seller's real estate. If the seller knows that the real estate has a conservation

easement or other conservation or preservation restriction as defined in � 34-39-1 of the general

laws, the seller is required to disclose said that information and provide the buyer with a copy of

any documentation in the seller's possession regarding the conservation and preservation

restrictions. A buyer may wish to have a boundary or other survey independently performed at

his or her own expense.

     (xxii) Deed -- (Type, Number of Parcels)

     (xxiii) Zoning -- (Permitted use, Classification) "Buyers of real estate in the state of

Rhode Island are legally obligated to comply with all local real estate ordinances; including, but

not limited to, ordinances on the number of unrelated persons who may legally reside in a

dwelling, as well as ordinances on the number of dwelling units permitted under the local zoning

ordinances." If the subject property is located in a historic district, that fact must be disclosed to

the buyer, together with the notification that "property located in a historic district may be subject

to construction, expansion, or renovation limitations. Contact the local building inspection official

for details."

     (xxiv) Restrictions -- (Plat or Other)

     (xxv) Building Permits

     (xxvi) Minimum Housing -- (Violations)

     (xxvii) Flood Plain -- (Flood Insurance)

     (xxviii) Wetlands -- The location of coastal wetlands, bay, fresh water freshwater

wetlands, pond, marsh, river bank, or swamp, as those terms are defined in chapter 1 of title 2,

and the associated buffer areas may impact future property development. The seller must disclose

to the buyer any such determination on all or part of the land made by the department of

environmental management.

     (xxix) Multi-family or other Rental Property -- (Rental Income)

     (xxx) Pools & Equipment -- (Type, Defects)

     (xxxi) Lead Paint -- (Inspection) Every buyer of residential real estate built prior to 1978

is hereby notified that those properties may have lead exposures that may place young children at

risk of developing lead poisoning. Lead poisoning in young children may produce permanent

neurological damage, including learning disabilities, reduced IQ behavioral problems, and

impaired memory. The seller of that property is required to provide the buyer with a copy of any

lead inspection report in the seller's possession and notify the buyer of any known lead poisoning

problem. Environmental lead inspection is recommended prior to purchase.

     (xxxii) Fire

     (xxxiii) Hazardous Waste -- (Asbestos and Other Contaminants)

     (xxxiv) Miscellaneous

     (xxxv) Farms -- The disclosure shall inform the buyer that any farm(s) that may be in the

municipality are protected by the right to farm law.

     (xxxvi) Mold -- (Type, repairs, alterations, modifications).

     (xxxvii) Ventilation system modifications.

     (xxxviii) Moisture penetration and damage.

     (c) Any agreement to transfer real estate shall contain an acknowledgement that a

completed real estate disclosure form has been provided to the buyer by the seller in accordance

with the provisions of this section.

     (d) The Rhode Island real estate commission has the right to amend the seller disclosure

requirements by adding or deleting requirements when there is a determination that health, safety,

or legal needs require a change. Any change to requirements shall be a rule change, subject to the

Administrative Procedures Act administrative procedures act, chapter 35 of title 42. The power

of the commission to amend the written disclosure requirements shall be liberally construed so as

to allow additional information to be provided as to the structural components, housing systems,

and other property information as required by this chapter.

41)

Section

Amend Chapter Numbers:

 

5-32-1

94 and 129

 

 

5-32-1. Definitions.

     As used in this chapter:

     (1) "Electrologist" means a person who is licensed by the department of health to perform

electrolysis and/or laser hair removal.

     (2) For the purposes of this chapter, electrolysis is defined as "Electrolysis" means the

method of removing hair from the human body by the application of an electrical current or any

form of energy to the hair-papilla or hair germination by means of a needle or needles any other

instrument or device to cause decomposition, or coagulation, of the hair-papilla and thus

permanently remove the hair dehydration, or other form of tissue destruction, to permanently

disable the hair follicle from producing hair.

     (3) "Laser" means the acronym for light amplification by stimulated emission of

radiation.

     (4) "Laser hair removal" means using laser light to perform hair removal or reduction or

electrolysis performed with laser light.

      (5) "Laser light" means an intense, coherent, directional beam of light produced by

stimulated emission of photons.

      (6) "Medical director" means a Rhode Island licensed physician.

 

42)

Section

Amend Chapter Numbers:

 

5-32-2

94 and 129

 

 

5-32-2. Penalty for unlicensed practice.

     Every person who subsequently engages in the practice of electrolysis in this state

without being licensed by the board of examiners in electrolysis is practicing illegally and, upon

conviction, shall be fined not more than twenty-five dollars ($25.00) one hundred dollars ($100)

and every day of the continuation of illegal practice is a separate offense.

 

43)

Section

Amend Chapter Numbers:

 

5-32-3

94 and 129

 

 

5-32-3. Certificates -- Applications -- Penalty for violations.

     The division of professional regulation of the department of health shall issue certificates

to practice electrolysis and laser hair removal, as defined in this chapter, to any persons that who

comply with the provisions of this chapter. Any person who desires to engage in that practice

shall submit, in writing, in any form that is required by the board, an application for a certificate

to engage in that practice. The application shall be accompanied by a fee as set forth in � 23-1-54.

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

commits a misdemeanor and, upon conviction, shall be punished by a fine not to exceed two

hundred dollars ($200), or imprisoned for a period not to exceed three (3) months, or both the fine

and imprisonment.

 

 

44)

Section

Amend Chapter Numbers:

 

5-32-4

94 and 129

 

 

5-32-4. Qualifications of applicants.

     Licenses to engage in the practice of electrolysis and laser hair removal shall be issued to

the applicants who comply with the following requirements:

     (1) Are citizens or legal residents of the United States.

     (2) Have attained the age of eighteen (18) years.

     (3) Have graduated from a high school or whose education is the equivalent of a high

school education.

     (4) Have satisfactorily completed a course of training and study in electrolysis, as a

registered apprentice under the supervision of a licensed Rhode Island electrologist who is

qualified to teach electrolysis to apprentices as prescribed in � 5-32-20, or has have graduated

from a school of electrolysis after having satisfactorily completed a program consisting of not less

than six hundred fifty (650) hours of study and practice in the theory and practical application of

electrolysis. That apprenticeship includes at least six hundred and fifty (650) hours of study and

practice in the theory and practical application of electrolysis within a term of nine (9) months;

provided, that the apprentice registers with the division of professional regulation of the

department of health upon beginning his or her course of instruction, and the licensed person with

whom they serve that apprenticeship keeps a record of the hours of that instruction, and, upon the

completion of that apprenticeship, certifies that fact to the board of examiners in electrolysis.

     (5) Is of good moral character.

     (6) Passes an examination approved by the department of health.

 

 

45)

Section

Add Chapter Numbers:

 

5-32-21

94 and 129

 

 

5-32-21. Practice of laser hair removal.

     (a) A person licensed as an electrologist before July 1, 2019, who has practiced laser hair

removal under the supervision of a medical director for not less than two (2) years and has

conducted at least one thousand (1,000) laser hair removal treatments, whichever is later, with no

disciplinary complaints that were found to be actionable by the department resulting in the

suspension of a license, shall be permitted to practice electrology and laser hair removal without

medical director oversight. The department may reinstate the requirement to perform laser hair

removal under the supervision of a medical director for a period of two (2) years as part of a

disciplinary settlement; provided, however, that the department shall not require the medical

director to be located on-site, but shall be available for consultation.

     (b) A person licensed as an electrologist after July l, 2019, shall practice laser hair

removal only under the supervision of a medical director, who shall not be required to be located

on-site, but who shall be available for consultation. A licensed electrologist, upon completion of

two (2) years of practice under the supervision of a medical director, may submit an application

to the department certifying the following:

     (1) Completion of two (2) years of laser hair removal treatment of patients under the

oversight of a medical director;

     (2) Completion of one thousand (1,000) patient laser hair removal treatments; and

     (3) American Electrology Association Board certification.

     An electrologist meeting the foregoing criteria shall be exempt from the requirement to

practice laser hair removal under the supervision of a medical director. The department may

reinstate the requirement to perform laser hair removal under the supervision of a medical

director for a period of two (2) years as part of a disciplinary settlement; provided, however, that

the medical director shall not be required to be located on-site, but shall be available for

consultation.

     (c) All equipment used for laser hair removal shall comply with all applicable rules and

regulations of the United States Food and Drug Administration.

     (d) An electrologist shall maintain a complete record of receipt, transfer, and disposal for

each device used for electrolysis and laser hair removal, which shall be in writing or capable of

reproduction in written form, and shall, at a minimum, contain the following data:

     (1) Manufacturer's name;

     (2) Model and serial number of the device;

     (3) Date of the receipt, transfer, or disposal;

     (4) Name and address of the person the device was received from, transferred to, or to

whom the device was transferred for disposal; and

     (5) Name of the person recording the information.

 

 

 

 

 

46)

Section

Amend Chapter Numbers:

 

5-34.2-3

178 and 212

 

 

5-34.2-3. Requirements for licensure of the nurse anesthetist.

     Requirements for licensure as a nurse anesthetist shall consist of the following:

     (1) Current licensure as a professional registered nurse in the state; and

     (2) Graduation from an educational program accredited by the council on accreditation of

nurse anesthesia educational programs or its predecessors or successors, and which has as its

objective preparation of nurses to practice nurse anesthesia; and

     (3) Initial certification by the American Association of Nurse Anesthetists council on

certification of nurse anesthetists and recertification, as applicable by the American Association

of Nurse Anesthetists council on recertification of nurse anesthetists or their predecessors or

successors.

     (4) [Deleted by P.L. 2013, ch. 83, � 4 and P.L. 2013, ch. 93, � 4].

     (5) The requirements stated in subdivisions (2) and (3) of this section do not apply to a

professional registered nurse who practices nursing in accordance with the provisions of the

Nurse Practice Act, chapter 34 of this title, and who is enrolled as a bona fide student in an

accredited nurse anesthesia program providing nurse anesthesia under the supervision of a

certified registered nurse anesthetist and or anesthesiologist.

     (6) Beginning July 21, 1992, all nurse anesthetists shall be afforded the same period of

time to become licensed. Notwithstanding the provisions of this section, no person practicing as a

nurse anesthetist in Rhode Island on July 1, 1991, shall be required to obtain proper certification

under this chapter. However, as required by subdivision (3) of this section, persons who become

certified under this section shall become recertified as applicable.

 

 

 

 

 

47)

Section

Amend Chapter Numbers:

 

5-37.3-4

38 and 55

 

 

5-37.3-4. Limitations on and permitted disclosures.

     (a)(1) Except as provided in subsection (b) of this section, or as specifically provided by

the law, a patient's confidential health care information shall not be released or transferred

without the written consent of the patient, or his or her authorized representative, on a consent

form meeting the requirements of subsection (d) of this section. A copy of any notice used

pursuant to subsection (d) of this section, and of any signed consent shall, upon request, be

provided to the patient prior to his or her signing a consent form. Any and all managed care

entities and managed care contractors writing policies in the state shall be prohibited from

providing any information related to enrollees that is personal in nature and could reasonably lead

to identification of an individual and is not essential for the compilation of statistical data related

to enrollees, to any international, national, regional, or local medical information database. This

provision shall not restrict or prohibit the transfer of information to the department of health to

carry out its statutory duties and responsibilities.

     (2) Any person who violates the provisions of this section may be liable for actual and

punitive damages.

     (3) The court may award a reasonable attorney's fee at its discretion to the prevailing

party in any civil action under this section.

     (4) Any person who knowingly and intentionally violates the provisions of this section

shall, upon conviction, be fined not more than five thousand ($5,000) dollars for each violation,

or imprisoned not more than six (6) months for each violation, or both.

     (5) Any contract or agreement that purports to waive the provisions of this section shall

be declared null and void as against public policy.

     (b) No consent for release or transfer of confidential health care information shall be

required in the following situations:

     (1) To a physician, dentist, or other medical personnel who believes, in good faith, that

the information is necessary for diagnosis or treatment of that individual in a medical or dental

emergency;

     (2) To medical and dental peer-review boards, or the board of medical licensure and

discipline, or board of examiners in dentistry;

     (3) To qualified personnel for the purpose of conducting scientific research, management

audits, financial audits, program evaluations, actuarial, insurance underwriting, or similar studies;

provided, that personnel shall not identify, directly or indirectly, any individual patient in any

report of that research, audit, or evaluation, or otherwise disclose patient identities in any manner;

     (4)(i) By a health care provider to appropriate law enforcement personnel, or to a person

if the health care provider believes that person, or his or her family, is in danger from a patient; or

to appropriate law enforcement personnel if the patient has, or is attempting to obtain, narcotic

drugs from the health care provider illegally; or to appropriate law enforcement personnel, or

appropriate child protective agencies, if the patient is a minor child or the parent or guardian of

said child and/or the health care provider believes, after providing health care services to the

patient, that the child is, or has been, physically, psychologically, or sexually abused and

neglected as reportable pursuant to � 40-11-3; or to appropriate law enforcement personnel or the

division of elderly affairs if the patient is an elder person and the healthcare provider believes,

after providing healthcare services to the patient, that the elder person is, or has been, abused,

neglected, or exploited as reportable pursuant to � 42-66-8; or to law enforcement personnel in

the case of a gunshot wound reportable under � 11-47-48, or to patient emergency contacts and

certified peer recovery specialists notified in the case of an opioid overdose reportable under �

23-17.26-3;

     (ii) A health care provider may disclose protected health information in response to a law

enforcement official's request for such information for the purpose of identifying or locating a

suspect, fugitive, material witness, or missing person, provided that the health care provider may

disclose only the following information:

     (A) Name and address;

     (B) Date and place of birth;

     (C) Social security number;

     (D) ABO blood type and rh RH factor;

     (E) Type of injury;

     (F) Date and time of treatment;

     (G) Date and time of death, if applicable; and

     (H) A description of distinguishing physical characteristics, including height, weight,

gender, race, hair and eye color, presence or absence of facial hair (beard or moustache), scars,

and tattoos.

     (I) Except as permitted by this subsection, the health care provider may not disclose for

the purposes of identification or location under this subsection any protected health information

related to the patient's DNA or DNA analysis, dental records, or typing, samples, or analysis of

body fluids or tissue.;

     (iii) A health care provider may disclose protected health information in response to a law

enforcement official's request for such information about a patient who is, or is suspected to be, a

victim of a crime, other than disclosures that are subject to subsection (b)(4)(vii) of this section,

if:

     (A) The patient agrees to the disclosure; or

     (B) The health care provider is unable to obtain the patient's agreement because of

incapacity or other emergency circumstances provided that:

     (1) The law enforcement official represents that such information is needed to determine

whether a violation of law by a person other than the victim has occurred, and such information is

not intended to be used against the victim;

     (2) The law enforcement official represents that immediate law enforcement activity that

depends upon the disclosure would be materially and adversely affected by waiting until the

patient is able to agree to the disclosure; and

     (3) The disclosure is in the best interests of the patient as determined by the health care

provider in the exercise of professional judgment.;

     (iv) A health care provider may disclose protected health information about a patient who

has died to a law enforcement official for the purpose of alerting law enforcement of the death of

the patient if the health care provider has a suspicion that such death may have resulted from

criminal conduct.;

     (v) A health care provider may disclose to a law enforcement official protected health

information that the health care provider believes in good faith constitutes evidence of criminal

conduct that occurred on the premises of the health care provider.;

     (vi)(A) A health care provider providing emergency health care in response to a medical

emergency, other than such emergency on the premises of the covered health care provider, may

disclose protected health information to a law enforcement official if such disclosure appears

necessary to alert law enforcement to:

     (1) The commission and nature of a crime;

     (2) The location of such crime or of the victim(s) of such crime; and

     (3) The identity, description, and location of the perpetrator of such crime.

     (B) If a health care provider believes that the medical emergency described in subsection

(b)(4)(vi)(A) of this section is the result of abuse, neglect, or domestic violence of the individual

in need of emergency health care, subsection (b)(4)(vi)(A) of this section does not apply and any

disclosure to a law enforcement official for law enforcement purposes is subject to subsection

(b)(4)(vii) of this section.;

     (vii)(A) Except for reports permitted by subsection (b)(4)(i) of this section, a health care

provider may disclose protected health information about a patient the health care provider

reasonably believes to be a victim of abuse, neglect, or domestic violence to law enforcement or a

government authority, including a social service or protective services agency, authorized by law

to receive reports of such abuse, neglect, or domestic violence:

     (1) To the extent the disclosure is required by law and the disclosure complies with, and

is limited to, the relevant requirements of such law;

     (2) If the patient agrees to the disclosure; or

     (3) To the extent the disclosure is expressly authorized by statute or regulation and:

     (i) The health care provider, in the exercise of professional judgment, believes the

disclosure is necessary to prevent serious harm to the patient or other potential victims; or

     (ii) If the patient is unable to agree because of incapacity, a law enforcement or other

public official authorized to receive the report represents that the protected health information for

which disclosure is sought is not intended to be used against the patient and that an immediate

enforcement activity that depends upon the disclosure would be materially and adversely affected

by waiting until the patient is able to agree to the disclosure.

     (B) A health care provider that makes a disclosure permitted by subsection (b)(4)(vii)(A)

of this section must promptly inform the patient that such a report has been, or will be, made,

except if:

     (1) The health care facility, in the exercise of professional judgment, believes informing

the patient would place the individual at risk of serious harm; or

     (2) The health care provider would be informing a personal representative, and the health

care provider reasonably believes the personal representative is responsible for the abuse, neglect,

or other injury, and that informing such person would not be in the best interests of the individual

as determined by the covered entity in the exercise of professional judgment.;

     (viii) The disclosures authorized by this subsection shall be limited to the minimum

amount of information necessary to accomplish the intended purpose of the release of

information.;

     (5) Between, or among, qualified personnel and health care providers within the health

care system for purposes of coordination of health care services given to the patient and for

purposes of education and training within the same health care facility; or

     (6) To third-party health insurers, including to utilization review agents as provided by �

23-17.12-9(c)(4), third-party administrators licensed pursuant to chapter 20.7 of title 27, and other

entities that provide operational support to adjudicate health insurance claims or administer health

benefits;

     (7) To a malpractice insurance carrier or lawyer if the health care provider has reason to

anticipate a medical liability action; or

     (8)(i) To the health care provider's own lawyer or medical liability insurance carrier if the

patient whose information is at issue brings a medical liability action against a health care

provider.

     (ii) Disclosure by a health care provider of a patient's health care information that is

relevant to a civil action brought by the patient against any person or persons other than that

health care provider may occur only under the discovery methods provided by the applicable

rules of civil procedure (federal or state). This disclosure shall not be through ex parte contacts

and not through informal ex parte contacts with the provider by persons other than the patient or

his or her legal representative.

     Nothing in this section shall limit the right of a patient, or his or her attorney, to consult

with that patient's own physician and to obtain that patient's own health care information;

     (9) To public health authorities in order to carry out their functions as described in this

title and titles 21 and 23 and rules promulgated under those titles. These functions include, but are

not restricted to, investigations into the causes of disease, the control of public health hazards,

enforcement of sanitary laws, investigation of reportable diseases, certification and licensure of

health professionals and facilities, review of health care such as that required by the federal

government and other governmental agencies;

     (10) To the state medical examiner in the event of a fatality that comes under his or her

jurisdiction;

     (11) In relation to information that is directly related to a current claim for workers'

compensation benefits or to any proceeding before the workers' compensation commission or

before any court proceeding relating to workers' compensation;

     (12) To the attorneys for a health care provider whenever that provider considers that

release of information to be necessary in order to receive adequate legal representation;

     (13) By a health care provider to appropriate school authorities of disease, health

screening, and/or immunization information required by the school; or when a school-age child

transfers from one school or school district to another school or school district;

     (14) To a law enforcement authority to protect the legal interest of an insurance

institution, agent, or insurance-support organization in preventing and prosecuting the

perpetration of fraud upon them;

     (15) To a grand jury, or to a court of competent jurisdiction, pursuant to a subpoena or

subpoena duces tecum when that information is required for the investigation or prosecution of

criminal wrongdoing by a health care provider relating to his, her or its provisions of health care

services and that information is unavailable from any other source; provided, that any information

so obtained, is not admissible in any criminal proceeding against the patient to whom that

information pertains;

     (16) To the state board of elections pursuant to a subpoena or subpoena duces tecum

when that information is required to determine the eligibility of a person to vote by mail ballot

and/or the legitimacy of a certification by a physician attesting to a voter's illness or disability;

     (17) To certify, pursuant to chapter 20 of title 17, the nature and permanency of a

person's illness or disability, the date when that person was last examined and that it would be an

undue hardship for the person to vote at the polls so that the person may obtain a mail ballot;

     (18) To the central cancer registry;

     (19) To the Medicaid fraud control unit of the attorney general's office for the

investigation or prosecution of criminal or civil wrongdoing by a health care provider relating to

his, her or its provision of health care services to then-Medicaid-eligible recipients or patients,

residents, or former patients or residents of long-term residential care facilities; provided, that any

information obtained shall not be admissible in any criminal proceeding against the patient to

whom that information pertains;

     (20) To the state department of children, youth and families pertaining to the disclosure

of health care records of children in the custody of the department;

     (21) To the foster parent, or parents, pertaining to the disclosure of health care records of

children in the custody of the foster parent, or parents; provided, that the foster parent or parents

receive appropriate training and have ongoing availability of supervisory assistance in the use of

sensitive information that may be the source of distress to these children;

     (22) A hospital may release the fact of a patient's admission and a general description of a

patient's condition to persons representing themselves as relatives or friends of the patient or as a

representative of the news media. The access to confidential health care information to persons in

accredited educational programs under appropriate provider supervision shall not be deemed

subject to release or transfer of that information under subsection (a) of this section; or

     (23) To the workers' compensation fraud prevention unit for purposes of investigation

under �� 42-16.1-12 -- 42-16.1-16. The release or transfer of confidential health care information

under any of the above exceptions is not the basis for any legal liability, civil or criminal, nor

considered a violation of this chapter; or

     (24) To a probate court of competent jurisdiction, petitioner, respondent, and/or their

attorneys, when the information is contained within a decision-making assessment tool that

conforms to the provisions of � 33-15-47.

     (c) Third parties receiving, and retaining, a patient's confidential health care information

must establish at least the following security procedures:

     (1) Limit authorized access to personally identifiable, confidential health care

information to persons having a "need to know" that information; additional employees or agents

may have access to that information that does not contain information from which an individual

can be identified;

     (2) Identify an individual, or individuals, who have responsibility for maintaining

security procedures for confidential health care information;

     (3) Provide a written statement to each employee or agent as to the necessity of

maintaining the security and confidentiality of confidential health care information, and of the

penalties provided for in this chapter for the unauthorized release, use, or disclosure of this

information. The receipt of that statement shall be acknowledged by the employee or agent, who

signs and returns the statement to his or her employer or principal, who retains the signed

original. The employee or agent shall be furnished with a copy of the signed statement; and

     (4) Take no disciplinary or punitive action against any employee or agent solely for

bringing evidence of violation of this chapter to the attention of any person.

     (d) Consent forms for the release or transfer of confidential health care information shall

contain, or in the course of an application or claim for insurance be accompanied by a notice

containing, the following information in a clear and conspicuous manner:

     (1) A statement of the need for and proposed uses of that information;

     (2) A statement that all information is to be released or clearly indicating the extent of the

information to be released; and

     (3) A statement that the consent for release or transfer of information may be withdrawn

at any future time and is subject to revocation, except where an authorization is executed in

connection with an application for a life or health insurance policy in which case the

authorization expires two (2) years from the issue date of the insurance policy, and when signed

in connection with a claim for benefits under any insurance policy, the authorization shall be

valid during the pendency of that claim. Any revocation shall be transmitted in writing.

     (e) Except as specifically provided by law, an individual's confidential health care

information shall not be given, sold, transferred, or in any way relayed to any other person not

specified in the consent form or notice meeting the requirements of subsection (d) of this section

without first obtaining the individual's additional written consent on a form stating the need for

the proposed new use of this information or the need for its transfer to another person.

     (f) Nothing contained in this chapter shall be construed to limit the permitted disclosure

of confidential health care information and communications described in subsection (b) of this

section.

 

 

 

48)

Section

Amend Chapter Numbers:

 

5-54-1

197 and 230

 

 

5-54-1. Declaration of policy.

     (a) The general assembly intends to establish by this chapter a framework for the

development of a new category of health personnel to be known as the physician assistant.

     (b) The purpose of this chapter is to encourage the more effective utilization of the skills

of physicians by enabling them to delegate health care tasks including the writing of prescriptions

and medical orders to qualified physician assistants where that delegation is consistent with the

patient's health and welfare provide for an adequate supply of qualified medical providers to meet

the needs of the citizens of Rhode Island and protect the public safety by establishing criteria for

licensure and regulation of physician assistants.

     (c) Nothing in this chapter shall be construed to repeal or supersede existing laws relating

to other paramedical professions or services.

 

 

 

49)

Section

Amend Chapter Numbers:

 

5-54-2

197 and 230

 

 

5-54-2. Definitions.

     As used in this chapter, the following words have the following meanings:

     (1) "Administrator" means the administrator, division of professional regulation.

     (2) "Approved program" means a program for the education and training of physician

assistants formally approved by the American Medical Association's (A.M.A.'s) Committee on

Allied Health, Education and Accreditation, its successor, the Commission on Accreditation of

Allied Health Education Programs (CAAHEP) or its successor.

     (3) "Approved program for continuing medical education" means a program for

continuing education approved by the American Academy of Physician Assistants (AAPA) or the

Accreditation Council for Continuing Medical Education of the American Medical Association

(AMA), or the American Academy of Family Physicians (AAPFP) or the American Osteopathic

Association Committee on Continuing Medical Education (AOACCME) or any other board-

approved program.

     (4) "Board" means the board of licensure of physician assistants.

     (5) "Collaboration" means the physician assistant shall, as indicated by the patient�s

condition, the education, competencies, and experience of the physician assistant, and the

standards of care, consult with or refer to an appropriate physician or other health care

healthcare professional. The degree of collaboration shall be determined by the practice and

includes decisions made by a physician employer, physician group practice, and the credentialing

and privileging systems of a licensed hospital, health center, or ambulatory care center. A

physician must be accessible at all times for consultation by the physician assistant.

     (5)(6) "Director" means the director of the department of health.

     (6)(7) "Division" means the division of professional regulation, department of health.

     (7)(8) [Deleted by P.L. 2013, ch. 320, � 1 and P.L. 2013, ch. 420, � 1].

     (8)(9) "Physician" means a person licensed under the provisions of chapter 29 or 37 of

this title.

     (9)(10) "Physician assistant" or "PA" means a person who is qualified by academic and

practical training to provide those certain patient medical and surgical services under the

supervision, control, responsibility and direction of a licensed physician in collaboration with

physicians.

     (10) "Supervision" means overseeing the activities of, and accepting the responsibility for

the medical services rendered by the physician assistants. Supervision is continuous, and under

the direct control of a licensed physician expert in the field of medicine in which the physician

assistants practice. The constant physical presence of the supervising physician or physician

designee is not required. It is the responsibility of the supervising physician and physician

assistant to assure an appropriate level of supervision depending on the services being rendered.

Each physician or group of physicians, or other health care delivery organization excluding

licensed hospital or licensed health care facilities controlled or operated by a licensed hospital

employing physician assistants must have on file at the primary practice site a copy of a policy in

the form of an agreement between the supervising physicians and physician assistants delineating:

     (i) The level of supervision provided by the supervising physician or designee with

particular reference to differing levels of supervision depending on the type of patient services

provided and requirements for communication between the supervising physician or designee and

the physician assistant.

     (ii) A job description for the physician assistant listing patient care responsibilities and

procedures to be performed by the physician assistant.

     (iii) A program for quality assurance for physician assistant services including

requirements for periodic review of the physician assistant services.

     (iv) Requirements for supervision of physician assistants employed or extended medical

staff privileges by licensed hospitals or other licensed health care facilities or employed by other

health care delivery agencies shall be delineated by the medical staff by laws and/or applicable

governing authority of the facility.

     (v) The supervising physician or physician designee must be available for easy

communication and referral at all times.

     (11) "Unprofessional conduct" includes, but is not limited to, the following items or any

combination and may be defined by regulations established by the board with prior approval of

the director:

     (i) Fraudulent or deceptive procuring or use of a license;

     (ii) Representation of himself or herself as a physician;

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

of a crime arising out of the practice of medicine. All advertising of medical business, which is

intended or has a tendency to deceive the public;

     (iv) Abandonment of a patient;

     (v) Dependence upon a controlled substance, habitual drunkenness, or rendering

professional services to a patient while intoxicated or incapacitated by the use of drugs;

     (vi) Promotion of the sale of drugs, devices appliances, or goods or services provided for

a patient in a manner that exploits the patient for the financial gain of the physician assistant;

     (vii) Immoral conduct of a physician assistant in the practice of medicine;

     (viii) Willfully making and filing false reports or records;

     (ix) Willful omission to file or record or willfully impeding or obstructing a filing or

recording, or inducing another person to omit to file or record medical or other reports as required

by law;

     (x) Agreeing with clinical or bioanalytical laboratories to accept payments from these

laboratories for individual tests or test series for patients;

     (xi) Practicing with an unlicensed physician or physician assistant or aiding or abetting

these unlicensed persons in the practice of medicine;

     (xii) Offering, undertaking or agreeing to cure or treat a disease by a secret method,

procedure, treatment or medicine;

     (xiii) Professional or mental incompetence;

     (xiv) Surrender, revocation, suspension, limitation of privilege based on quality of care

provided, or any other disciplinary action against a license or authorization to practice in another

state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating

to membership on any medical staff or in any medical professional association, or society while

under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to

acts or conduct which would constitute grounds for action as stated in this chapter;

     (xv) Any adverse judgment, settlement, or award arising from a medical liability claim

related to acts or conduct, which would constitute grounds for action as stated in this chapter;

     (xvi) Failure to furnish the board, the administrator, investigator or representatives,

information legally requested by the board;

     (xvii) Violation of any provisions of this chapter or the rules and regulations promulgated

by the director or an action, stipulation, or agreement of the board;

     (xviii) Cheating or attempting to subvert the certifying examination;

     (xix) Violating any state or federal law or regulation relating to controlled substances;

     (xx) Medical malpractice;

     (xxi) Sexual contact between a physician assistant and patient during the existence of the

physician assistant/patient relationship;

     (xxii) Providing services to a person who is making a claim as a result of a personal

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

physician assistant by the insurer as a condition of providing or continuing to provide services or

treatment.

 

 

 

50)

Section

Amend Chapter Numbers:

 

5-54-3

197 and 230

 

 

5-54-3. Exemptions.

     The provisions of this chapter do not apply to services performed in any of the following

areas:

     (1) The practice of dentistry or dental hygiene as defined in chapter 31.1 of this title.

     (2) The practice of chiropractic medicine.

     (3) The practice of optometry as defined in chapter 35 of this title.

     (4) A physician assistant student enrolled in a physician assistant or surgeon assistant

educational program while performing duties in conjunction with a formal training program

clinical rotation under the auspices of a recognized degree granting institution.

     (5) Technicians, or other assistants or employees of physicians who perform delegated

tasks in the office of a physician but who are not rendering services as physician assistant or

identifying themselves as a physician assistant.

 

 

 

51)

Section

Amend Chapter Numbers:

 

5-54-5

197 and 230

 

 

5-54-5. Board of licensure.

     (a) The director of the department of health, with the approval of the governor, shall

appoint a board consisting of seven (7) persons, residents of the state, to constitute a board of

licensure for physician assistants with the duties, powers, and authority as stated in this chapter,

and that board shall be composed of the following:

     (1) Two (2) members shall be licensed physicians under the provisions of chapter 37 of

this title who have been actively engaged in the practice of medicine;

     (2) One member is a chief executive officer of a health care facility located and licensed

in the state or his or her designee who is not licensed in any health care profession;

     (3) Two (2) members who are representatives of the general public not employed in any

health-related field; and

     (4) Two (2) Three (3) members shall be physician assistants.

     (b) Members shall be appointed for terms of three (3) years each with no member serving

more than two (2) consecutive terms.

     (c) In his or her initial appointment, the director shall designate the members of the board

of licensure for physician assistants as follows: two (2) members to serve for terms of three (3)

years; two (2) members to serve for a term of two (2) years; and three (3) members to serve for a

term of one year. Any additional appointments shall serve for one year.

     (d) The director of the department of health may remove any member of the board for

cause.

     (e) Vacancies shall be filled for the unexpired portion of any term in the same manner as

the original appointment.

   

 

 

 

 

 

52)

Section

Amend Chapter Numbers:

 

5-54-6

197 and 230

 

 

5-54-6. Board of licensure -- Organization and meetings -- Compensation of

members.

     The board shall elect its own chairperson annually and shall meet at the call of the

administrator, the chairperson or upon the request of two (2) or more members of the board. A

quorum shall consist of at least three (3) four (4) members present. The board shall approve

programs for continuing medical education. Board members shall serve without compensation.

 

 

 

 

 

53)

Section

Amend Chapter Numbers:

 

5-54-7

197 and 230

 

 

5-54-7. Board of licensure -- Powers and duties.

     (a) The board shall administer, coordinate, and enforce the provisions of this chapter,;

evaluate the qualifications of applicants,; supervise any examination of applicants deemed

necessary,; recommend to the director the commencement of disciplinary hearings in accordance

with chapter 35 of title 42 and the provisions of this chapter,; and investigate persons engaging in

practices which that violate the provisions of this chapter. This authority shall specifically

encompass practicing physician assistants, supervisory collaborating physicians, and those health

care healthcare agencies employing physician assistants. The board shall investigate all persons

and agencies engaging in practices which that violate the provisions in this chapter.

     (b) The board shall conduct hearings of a non-disciplinary nature and shall keep the

records and minutes that are necessary to an orderly dispatch of business.

     (c) The board, with the approval of the director of the department of health, shall adopt

rules and regulations necessary to carry into effect the provisions of this chapter and may amend

or repeal them.

     (d) Regular meetings of the board shall be held at any time and places place that the

board prescribes and special meetings shall be held upon the call of the chairperson;, provided,

that at least one regular meeting is held each year.

     (e) The conferral or enumeration of specific powers in this chapter shall not be construed

as a limitation of the general powers conferred by this section.

     (f) The board shall recommend to the director for registration those persons meeting the

criteria stated by this chapter.

     (g) The board shall recommend to the director the revocation or suspension of the

registration license of any physician assistant who does not conform to the requirements of this

chapter or regulations adopted under this chapter.

     (h) In accordance with its authority under subsection (a), of this section the board shall

make recommendations to the director for discipline of supervising physicians and employing

health care healthcare agencies found wanting in their use of physician assistants.

     (i) The board shall approve programs for continuing medical education.

 

 

 

 

 

54)

Section

Amend Chapter Numbers:

 

5-54-8

197 and 230

 

 

 5-54-8. Permitted health care practices by physician assistants.

     (a) Physician assistants shall practice in collaboration with physician physicians

supervision and shall be considered the agents of their supervising physicians in the performance

of all practice-related activities. A physician assistant may provide any medical or surgical

services that are within the physician assistant's skills, education, and training. Whenever any

provision of general or public law, or regulation, requires a signature, certification, stamp,

verification, affidavit, or endorsement by a physician, it shall be deemed to include a signature,

certification, stamp, verification, affidavit, or endorsement by a physician assistant; provided,

however, that nothing in this section shall be construed to expand the scope of practice of

physician assistants. Physician assistants may perform those duties and responsibilities consistent

with the limitations of this section, including prescribing, administering, procuring, and

dispensing of drugs and medical devices, which are delegated by their supervising physician(s).

Physician assistants may request, receive, sign for, and distribute professional samples of drugs

and medical devices to patients only within the limitations of this section. Notwithstanding any

other provisions of law, a physician assistant may perform health care provide medical and

surgical services when those services are rendered under the supervision of in collaboration with

a licensed physician.

     (b) Physician assistants, depending upon their level of professional training and

experience, as determined by a supervising physician, may perform health care services

consistent with their expertise and that of the supervising physician, who is a licensed physician

in solo practice, in group practice, or in health care facilities.

     (c) Physician assistants may write prescriptions and medical orders to the extent provided

in this paragraph. When employed by or extended medical staff privileges by a licensed hospital

or other licensed health care healthcare facility in accordance with subsection (e) of this section,

a physician assistant may write medical orders for inpatients as delineated by the medical staff

bylaws of the facility as well as its credentialing process and applicable governing authority.

Physician assistants employed directly by physicians, health maintenance organizations or other

health care delivery organizations may prescribe legend medications including schedule II, III, IV

and V medications under chapter 28 of title 21 of the Rhode Island Uniform Controlled

Substances Act uniform controlled substances act, medical therapies, medical devices, and

medical diagnostics according to guidelines established by the employing physician, health

maintenance organization or other health care delivery organization.

     (d) When supervised by a collaborating with a physician licensed under chapter 29 of this

title, the service rendered by the physician assistant shall be limited to the foot. The "foot" is

defined as the pedal extremity of the human body and its articulations, and includes the tendons

and muscles of the lower leg only as they are involved in conditions of the foot.

     (e) Hospitals and other licensed health care healthcare facilities have discretion to grant

privileges to a physician assistant and to define the scope of privileges or services which that a

physician assistant may deliver in a facility. In no event shall those privileges, if granted, exceed

the privileges granted to the supervising physician.

     (f) A physician assistant shall not undertake or represent that he or she is qualified to

provide a medical or surgical care service that he or she knows or reasonably should know to be

outside his or her competence or is prohibited by law.

     (g) Notwithstanding any other provision of law or regulation, a physician assistant shall

be considered to be a primary care provider when the physician assistant is practicing in the

medical specialties required for a physician to be a primary care provider.

 

 

 

 

55)

Section

Amend Chapter Numbers:

 

5-54-9

197 and 230

 

 

5-54-9. Criteria for licensure as a physician assistant.

     The board shall recommend to the director for licensure as a physician assistant an

applicant who:

     (1) Is of good character and reputation;

     (2) Graduated from a physician assistant training program certified by the AMA's

Committee on Allied Health, Education, and Accreditation, its successor, the Commission on

Accreditation of Allied Health Education Programs (CAAHEP), its successor or the Accreditation

Review Commission on Education for the Physician Assistant (ARC-PA), or its successor.

     (3) Passed a certifying examination approved by the National Commission on

Certification of Physician Assistants physician assistant national certification examination or any

other national certifying exam approved by the board.

     (4) Submitted a completed application together with the required fee as set forth in � 23-

1-54.

 

 

 

56)

Section

Repeal Chapter Numbers:

 

5-54-12.1

197 and 230

 

 

5-54-12.1 [Repealed.]

 

 

 

57)

Section

Amend Chapter Numbers:

 

5-54-16

197 and 230

 

 

5-54-16. Penalty for misrepresentation.

     No person who is not licensed as a physician assistant may use the title of "Physician

Assistant" or "PA" or hold himself or herself out as a physician assistant. Any person who

violates the provisions of this section shall be punished by a fine of not less than two hundred

dollars ($200) nor more than five hundred dollars ($500), nor more than one year imprisonment,

or by both the fine and imprisonment.

 

 

 

58)

Section

Amend Chapter Numbers:

 

5-54-22

197 and 230

 

 

5-54-22. Continuing medical education.

     Every physician assistant licensed to practice within the state shall be required to have

satisfactorily completed ten (10) twenty-five (25) hours of approved continuing medical

education annually. The annual period for accumulation of continuing education hours

commences on the first day of October and runs through the last day of September beginning in

1996. Beginning with the annual renewal period commencing the first day of October 1997, the

administrator shall not renew the certificate of licensure until satisfactory evidence of the

completion of the required continuing medical education is provided to the division.

 

 

 

59)

Section

Amend Chapter Numbers:

 

5-54-27

197 and 230

 

 

5-54-27. Participation in disaster and emergency care.

     A person licensed under the provisions of this chapter or members of the same profession

licensed to practice in other states of the United States or members of the same profession

credentialed by a federal employer who voluntarily and gratuitously, and other than in the

ordinary course of his or her employment or practice, renders emergency medical assistance

during an emergency or a state or local disaster may render such care without supervision

collaboration as set forth in subdivision 5-54-2(10) � 5-54-2(5), or with such supervision as is

available. Any physician who supervises a physician assistant providing medical care in response

to such an emergency or state or local disaster shall not be required to meet the supervising

physician requirements set forth in subdivision 5-54-2(10).

 

 

 

60)

Section

Add Chapter Numbers:

 

5-54-28

197 and 230

 

 

5-54-28. Participation in charitable and voluntary care.

     A physician assistant licensed in this state, or licensed or authorized to practice in any

other U.S. jurisdiction, or who is credentialed by a federal employer or meets the licensure

requirements of his or her requisite federal agency as a physician assistant may volunteer to

render such care that he or she is able to provide at a children's summer camp or for a public or

community event or in a licensed ambulatory health center providing free care. Such care must be

rendered without compensation or remuneration. It is the obligation of the physician assistant to

assure adequate and appropriate professional liability coverage.

 

 

61)

Section

Amend Chapter Numbers:

 

5-56.1-4

179 and 239

 

 

5-56.1-4. Conditions for obtaining a designer's license.

     (a) A designer's license shall be issued to any person who satisfies all the requirements

stated below:

     (1) A completed application for a designer's license along with a reasonable fee shall be

submitted to the licensing authority; all fees shall be deposited as general revenues and the

amounts appropriated are used for the purpose of administering the water and air protection

program.

     (2) The applicant for a designer's license shall be required to pass a written examination,

which may include a field component, administered or sanctioned by the licensing authority for

the applicable class of license. The test assesses the competency and knowledge of the applicant

regarding pertinent subject matter and the application of ISDS regulations.

     (3) The licensing authority shall establish, through regulations, classes of licenses

appropriate to the expertise required for each activity performed by licensed individuals. The

licensing authority shall establish minimum qualifications, education and experience

requirements for each class of license and eligibility requirements for testing. The licensing

authority may waive the requirement of a written examination or any portion of it in the case of a

person licensed by a federal agency or another state having licensing requirements substantially

equivalent to those in Rhode Island.

     (4) No With the exception of subsection (b) of this section, no person may be granted an

exemption to any of the conditions for obtaining a license as provided for in this section on the

basis of past experience or "grandfather" rights.

     (5) The licensing authority shall hold an examination at least once per year.

     (b) Professional engineers who have met all the educational requirements and have been

registered and authorized to practice engineering in the state of Rhode Island by the state board of

registration for professional engineers, shall be deemed to have met all the minimum

qualifications, experience, and education requirements for a designer's license under this section

and shall not be required to pass a written examination or to attend or enroll in continuing

education programs as a requirement for the granting and renewal of their designer's license.

 

 

62)

Section

Add Chapter Numbers:

 

5-89

186 and 206

 

 

CHAPTER 89

TRANSPARENCY AND SUSTAINABILITY STANDARDS FOR RHODE ISLAND

BUSINESSES ACT

 

 

 

63)

Section

Add Chapter Numbers:

 

5-89-1

186 and 206

 

 

5-89-1. Purpose.

     The purpose of this chapter is to support Rhode Island business entities in their global

sustainability efforts by providing this enabling legislation that permits a Rhode Island entity to

signal its commitment to global sustainability. This chapter does not purport to prescribe which

sustainability standards an entity chooses to adopt. Thus, a Rhode Island entity is free to choose

standards promulgated or developed by any entity.

 

 

 

 

64)

Section

Add Chapter Numbers:

 

5-89-2

186 and 206

 

 

5-89-2. Legislative findings.

     The legislature finds that:

     (1) The state of Rhode Island is committed to initiatives designed to support

sustainability practices by providing a platform for manufacturers and businesses to demonstrate

their corporate commitment to social responsibility and sustainability.

     (2) The Rhode Island department of environmental management has a suite of voluntary

green certification programs for the hospitality and tourism industry, landscapers, golf courses,

and other industries.

     (3) In recognition of the increasing interest from investors, customers, and employees for

greater transparency in sustainability practices, this legislation provides Rhode Island businesses

a means to demonstrate to their customers, investors, and employees that they are committed to

sustainability that embodies business practices and systems that are designed to foster innovation

and long-term profits as well as environmental and societal benefits.

     (4) Rhode Island's program shall be implemented by way of voluntary enabling

legislation and applies only to those who seek to become certified as reporting entities. There is

no single blueprint for best practices in sustainability among or within industries, and this

legislation shall allow businesses to craft a sustainability blueprint that meets their specific needs,

provided that the entity's governing body approves its standards and assessment measures and

that they are made publicly available.

 

 

 

65)

Section

Add Chapter Numbers:

 

5-89-3

186 and 206

 

 

5-89-3. Definitions.

     As used in this chapter only, the following terms shall have the following meanings:

     (1) "Acknowledged" means with respect to any document or instrument required to be

executed by an authorized person pursuant to this chapter, the authorized person executing such

the document or instrument has certified, under penalty of perjury, that the information set forth

in such the document or instrument is accurate and complete to the best of such the authorized

person's actual knowledge after due inquiry.

     (2) "Assessment measures" means with respect to any entity, the policies, procedures, or

practices adopted by such the entity to adduce objective factual information to assess the entity's

performance in meeting its standards, including any procedures for internal or external

verification of such the information.

     (3) "Authorized person" means, with respect to any entity, any person or entity who has

been duly authorized in accordance with the organizational documents of the entity and the laws

of this state (whether statutory, common law or otherwise) under which the entity is incorporated,

formed, or organized to execute such the documents and instruments and make such the

acknowledgments as are required by this chapter.

     (4) "Certification of adoption of transparency and sustainability standards" means a

certificate, issued by the department of environmental management, attesting that a reporting

entity has fulfilled sustainability metrics and filed with the secretary of state a standards statement

pursuant to this chapter. Such The certificate shall state on its face that the state has not reviewed

the contents or implementation of the matters referenced in the standards statement, nor verified

any reports made by the reporting entity.

     (5) "Control,'' including the terms "controlling,'' "controlled by,'' and "under common

control with,'' means the possession, directly or indirectly, of the power to direct or cause the

direction of the management and policies of a person or entity, whether through the ownership of

equity or other voting securities, by contract or otherwise.

     (6) "Entity'' means any corporation (stock or nonstock), or a limited-liability company,

existing under the applicable laws of this state.

     (7) "Governing body'' means the board of directors or equivalent governing body, person,

or entity having the power to manage and direct the business and affairs of the entity, and shall

include any duly authorized and empowered committee of the board of directors or equivalent

governing body.

     (8) "Nonreporting entity'' means any person or entity (including any entity) that is not a

reporting entity.

     (9) "Organizational documents'' means the certificate of incorporation, bylaws,

partnership agreement, limited-liability company agreement, articles of association or other

agreement, document, or instrument containing the provisions by which an entity is formed or

organized and by which its internal affairs are governed, in each case as amended, modified,

supplemented, and/or restated and in effect as of any date of determination.

     (10) "Provider'' means, as to any entity, any third party that is engaged to provide

professional consulting services or advice to assist entities or enterprises in measuring, managing,

or reporting the impact of their business and operations on issues of social and environmental

impact.

     (11) "Report'' means a report with respect to a reporting period for a reporting entity

containing the following:

     (i) A summary of the standards and assessment measures in effect during the applicable

reporting period, which summary shall include the third-party criteria and any other source used

to develop the entity's standards and assessment measures and the process by which they were

identified, developed, and approved by the entity;

     (ii) A summary of the actions or activities by which the entity has sought to meet the

standards during the applicable reporting period, including engagement with and disclosure to

stakeholders, if any;

     (iii) The most recent available objective and factual information developed pursuant to

the assessment measures, if any, with respect to the entity's performance in meeting its standards

during the reporting period, and an assessment by the governing body whether the entity has been

successful in meeting the standards, and in the case of any failure to meet such the standards, a

summary of any additional efforts the governing body has determined the entity will undertake to

improve its performance in respect thereof, or its determination not to undertake such the

additional efforts;

     (iv)(A) The identity of any provider assisting the entity in measuring, managing, or

reporting the impact of the entity's business and operations in light of its standards; or

     (B) A statement that the entity has not engaged the services of any provider for such

these purposes;

     (v) A summary of any changes to the standards, assessment measures, or reporting

period, the process by which such the changes were identified, developed, and approved by the

entity, and the third-party criteria used to develop any changes to the standards;

     (vi) A summary of the actions or activities planned for the next succeeding reporting

period with respect to measuring, managing, and reporting with respect to the standards if such

the actions and activities are materially different from those described for the applicable reporting

period; and

     (vii) Notwithstanding the foregoing, no entity shall be required to include in any report

any information that such the entity determines in good faith is subject to an attorney-client or

other applicable privilege or would result in the disclosure of trade secrets or other competitively

sensitive information.

     (12) "Reporting entity'' means an entity that has been issued a certificate of adoption of

transparency and sustainability standards and that has not become and continues to be a

nonreporting entity pursuant to � 5-89-6.

     (13) "Reporting period'' means a period of one year, the initial such period to begin not

more than one year following the filing of the standards statement, and subsequent reporting

periods to begin on the day following the last date of the prior reporting period, unless a

governing body elects to shorten the duration of a reporting period that has not begun in order to

change the start date for subsequent reporting periods.

     (14) "Standards'' means, with respect to an entity, the principles, guidelines, or standards

adopted by the entity to assess and report the impacts of its activities on society and the

environment, which principles, guidelines, or standards shall be based on or derived from third-

party criteria. The Rhode Island department of environmental management green certification

standards may be used as initial guidelines for all applicants in businesses covered by the

certification program.

     (15) "Standards statement'' means the filing described in � 5-89-5.

     (16) "Third party'' means, with respect to any entity, any person or entity other than any

person or entity that controls, is controlled by, or under common control with such the entity,

including any governmental or nongovernmental organization that provides services, standards,

or criteria with respect to measuring, managing, or reporting the social and environmental impact

of businesses or other enterprises.

     (17) "Third-party criteria'' means any principles, guidelines, or standards developed and

maintained by a third party (including a provider) that are used to assist businesses or other

enterprises in measuring, managing, or reporting the social and environmental impact of

businesses or other entities.

 

 

 

66)

Section

Add Chapter Numbers:

 

5-89-4

186 and 206

 

 

5-89-4. Certificate of adoption of transparency and sustainability standards.

     (a) The secretary of state, in coordination with the director of the department of

environmental management, shall issue a certificate of adoption of transparency and sustainability

standards to any entity if the secretary of state shall have determined that the following conditions

have been satisfied:

     (1) Such The entity shall have executed and acknowledged, and delivered to the secretary

of state, a standards statement;

     (2) Such The entity shall have paid all fees and costs assessed by the secretary of state;

and

     (3) Such The entity remains a reporting entity, and if such the entity is registered or

formed with the secretary of state, it is in good standing upon the records of the secretary of state.

     (b) Each reporting entity shall, for all purposes of the laws of this state, be authorized and

permitted to disclose, publicly or privately, that it is a reporting entity.

     (c) The secretary of state is hereby authorized to promulgate rules and regulations

necessary to implement this chapter and shall issue any such certificate required pursuant to this

chapter and shall further be permitted to charge a reasonable fee for any certificates issued and /or

renewed.

  

 

 

67)

Section

Add Chapter Numbers

 

5-89-5

186 and 206

 

 

5-89-5. Statement of adoption of transparency and sustainability standards.

     If the governing body of an entity has adopted resolutions setting forth the entity's

standards and assessment measures, the entity may file a standards statement that:

     (1) Acknowledges that the governing body of the entity has adopted resolutions setting

forth the entity's standards and assessment measures;

     (2) Identifies an Internet internet link on the principal website maintained by or on

behalf of the entity at which the standards and assessment measures, the third-party criteria used

to develop the standards, a description of the process by which such the standards were

identified, developed, and approved and any report filed or to be filed by the entity are and will be

readily available at no cost and without the requirement of the provision of any information, and

will remain available for so long as the entity remains a reporting entity (the "website'');

     (3) Acknowledges that the entity has agreed to acknowledge and deliver to the secretary

of state, its most recent report concurrently with its annual report as specified in � 7-1.2-1501, or

� 7-6-90, or � 7-16-66;

     (4) Acknowledges that the entity has committed to:

     (i) Use the assessment measures to assess the entity's performance in meeting its

standards;

     (ii) Review and assess its standards and assessment measures from time to time, and

make such changes thereto as the governing body in good faith determines are necessary or

advisable in furtherance of meeting the entity's standards;

     (iii) Prepare and make readily available to the public at no cost and without the

requirement of the provision of any information (by posting on the website at the identified

Internet internet link) a copy of its report within ninety (90) days of the end of each reporting

period; and

     (5) Is acknowledged by an authorized person.

 

 

 

68)

Section

Add Chapter Numbers:

 

5-89-6

186 and 206

 

 

5-89-6. Reporting entity status - Renewal statement.

     (a) A reporting entity shall become a nonreporting entity on January 1 of the following

year if the reporting entity shall have failed to submit the renewal statement to the secretary of

state in accordance with this chapter without the need for further action by the secretary of state.

A reporting entity's renewal statement shall:

     (1) Acknowledge that any changes since its most recent filing of a renewal statement or

restoration statement, or, if no renewal statement or restoration statement has been filed, since the

filing of its standards statement, to its address within the state or standards and assessment

measures, and a description of the process by which such the changes were identified, developed,

and approved by the entity and the third-party criteria used to develop any changes to the

standards are available on the website;

     (2) Acknowledge that, for the most recent reporting period for which a report was

required to be made available, if any, a report was made available on the website in accordance

with this chapter within the time period provided for in � 5-89-5(4)(iii);

     (3) Provide an Internet internet link to the report for the most recent reporting period, if

any, on the website; and

     (4) Be acknowledged by an authorized person.

     (b) No standards statement shall be accepted by the secretary of state for an entity if it has

become a nonreporting entity pursuant to subsection (a) of this section within the prior year.

 

 

 

69)

Section

Add Chapter Numbers:

 

5-89-7

186 and 206

 

 

5-89-7. Restoration statement.

     (a) If any reporting entity shall become a nonreporting entity for failure to file a renewal

statement, it may file a restoration statement. The restoration statement shall:

     (1) Acknowledge that any changes since its most recent filing of a renewal statement or

restoration statement, or, if no renewal statement or restoration statement has been filed, since the

filing of its standards statement, to its address within the state or standards and assessment

measures, and a description of the process by which such the changes were identified, developed,

and approved by the entity and the third-party criteria used to develop any changes to the

standards are available on the website;

     (2) Acknowledge that a report for all the reporting periods ended more than ninety (90)

days prior to filing the restoration statement have been made available on the website in

accordance with this chapter;

     (3) Provide an Internet internet link on the website to the report for the most recent

reporting period and any other reporting period for which an Internet internet link has not been

previously provided in a renewal statement or restoration statement; and

     (4) Be acknowledged by an authorized person.

     (b) Any nonreporting entity that files a restoration statement shall thereupon

automatically become a reporting entity, without the need for further action by the secretary of

state.

 

 

 

70)

Section

Add Chapter Numbers:

 

5-89-8

186 and 206

 

 

5-89-8. Limitation of liability.

     Neither the failure by an entity to satisfy any of its standards, nor the selection of specific

assessment measures, nor any other action taken by or on behalf of the entity pursuant to this

chapter, or any omission to take any action required by this chapter to seek, obtain, or maintain

status as a reporting entity, shall, in and of itself, create any right of action on the part of any

person or entity or otherwise give rise to any claim for breach of any fiduciary or similar duty

owed to any person or entity.

 

 

 

 

 

71)

Section

Add Chapter Numbers:

 

5-89-9

186 and 206

 

 

5-89-9. Fees.

     No document required to be filed under this chapter shall be effective until the applicable

fees required by this section are paid and upon the receipt of a statement under � 5-89-5, the fee

for which shall be one hundred dollars ($100),; or a renewal statement under � 5-89-6, the fee for

which shall be ten dollars ($10.00),; or a restoration statement under � 5-89-7, the fee for which

shall be fifty dollars ($50.00), shall be paid to and collected by the secretary of state.

 

 

 

72)

Section

Add Chapter Numbers:

 

5-89-10

186 and 206

 

 

5-89-10. Enabling.

     This act is enabling and applies only to those businesses who that seek to become

certified as a reporting entity and, who that comply with all applicable registration requirements.

Reporting entities are enabled to craft whatever sustainability blueprint they require that meets

their specific needs as there is no single blueprint for best practices in sustainability among or

within industries.

 

 

 

73)

Section

Add Chapter Numbers:

 

6-13.1-30

47 and 78

 

 

6-13.1-30. Cash payment for retail purchases.

     It shall be a deceptive trade practice in violation of this chapter for any retail

establishment offering goods or services for sale to discriminate against a prospective customer

by requiring the use of credit for purchase of goods or services. All retail establishments shall

accept legal tender currency when offered as payment. Provided, the provisions of this section

shall not apply to online purchases or sales made over the Internet internet.

 

 

 

74)

Section

Add Chapter Numbers:

 

6-56

226 and 246

 

 

CHAPTER 56

UNIFORM SUPPLEMENTAL COMMERCIAL LAW FOR THE UNIFORM REGULATION

OF VIRTUAL-CURRENCY BUSINESSES ACT

 

 

 

75)

Section

Add Chapter Numbers:

 

6-56-1

226 and 246

 

 

6-56-1. Short title.

     This chapter shall be known and may be cited as the "Uniform Supplemental Commercial

Law for the Uniform Regulation of Virtual-Currency Businesses Act."

 

 

 

76)

Section

Add Chapter Numbers:

 

6-56-2

226 and 246

 

 

6-56-2. Definitions.

     (a) As used in this chapter:

     (1) �Article 8� means Article 8 of the Uniform Commercial Code, as amended, in

substantially the form approved by the American Law Institute and the National Conference of

Commissioners on Uniform State Laws.

     (2) �Control� has the meaning provided in � 19-14.3-1.1(1).

     (3) �Hague Securities Convention� means the Convention on the Law Applicable to

Certain Rights in Respect of Securities Held with an Intermediary, concluded 5 July, 2006.

     (4) �Uniform Commercial Code jurisdiction� means a state that has enacted Article 8.

     (5) �Uniform Regulation of Virtual-Currency Businesses Act� means chapter 14.3 of title

19 of the Rhode Island general laws.

     (6) �User� means a person for which a licensee has control of virtual currency.

     (b) Other definitions applying to this chapter and the sections of the Uniform Regulation

of Virtual-Currency Businesses Act in which they appear are as follows:

     (1) �Licensee� as set forth in � 19-14.3-1.1.

     (2) �Record� as set forth in � 19-14.3-1.1.

     (3) �Resident� as set forth in � 19-14.3-1.1.

     (4) �Sign� as set forth in � 19-14.3-1.1.

     (5) �State� as set forth in � 19-14.3-1.1.

     (6) �Virtual currency� as set forth in � 19-14-1.

     (c) Other definitions applying to this chapter and the sections of Article 8 in which they

appear are as follows:

     (1) �Entitlement holder� as set forth in � 8-102(a).

     (2) �Financial asset� as set forth in � 8-102(a).

     (3) �Securities intermediary� as set forth in � 8-102(a).

     (4) �Security� as set forth in � 8-102(a).

     (5) �Securities account� as set forth in � 8-501.

     (d) The definition of �agreement� applying to this chapter appears in � 1-201(b)(3) of

Article 1 of the Uniform Commercial Code, as amended, in substantially the form approved by

the American Law Institute and the National Conference of Commissioners on Uniform State

Laws.

 

 

 

77)

Section

Add Chapter Numbers:

 

6-56-3

226 and 246

 

 

6-56-3. Scope.

     This chapter applies to:

     (1) A person or transaction governed by the Uniform Regulation of Virtual-Currency

Businesses Act; and

     (2) A user that is not a resident if the user or transaction with the user would be governed

by the Uniform Regulation of Virtual-Currency Businesses Act if the user were a resident.

 

 

 

 

78)

Section

Add Chapter Numbers:

 

6-56-4

226 and 246

 

 

6-56-4. Incorporation of Article 8.

     (a) The relationship between a licensee or registrant and a user shall be evidenced by an

agreement in a record signed by the licensee or registrant and by the user. The agreement:

     (1) Shall specify the jurisdiction whose law governs the agreement;

     (2) If governed by the law of a jurisdiction that is not a Uniform Commercial Code

jurisdiction, the agreement shall:

     (i) Specify a Uniform Commercial Code jurisdiction as the securities intermediary�s

jurisdiction for the purpose of Article 8; and

     (ii) State that the law in force in the Uniform Commercial Code jurisdiction under

subsection (2)(i) of this section applies to all issues specified in Article 2(1) of the Hague

Securities Convention;

     (3) Shall state that:

     (i) The licensee is a securities intermediary;

     (ii) The control of virtual currency by the licensee for the benefit of the user creates a

securities account of which the user is the entitlement holder;

     (iii) The parties agree that the virtual currency is to be treated as a financial asset credited

or held for credit to the securities account of the user; and

     (iv) The licensee will not grant a security interest in virtual currency which the licensee

or registrant is obligated to maintain under � 8-504(a) of Article 8;

     (4) May not provide a standard for the licensee to comply with its duties under Part 5 of

Article 8 of the Uniform Commercial Code which is less protective of the user than the standard

that would apply under Part 5 of Article 8 of the Uniform Commercial Code in the absence of an

agreement concerning the standard; and

     (5) May not provide that:

     (i) The securities intermediary�s jurisdiction for the purpose of Article 8 is a jurisdiction

that is not a Uniform Commercial Code jurisdiction; or

     (ii) The law in force in a jurisdiction that is not a Uniform Commercial Code jurisdiction

applies to all issues specified in Article 2(1) of The Hague Securities Convention.

     (b) To the extent that there is no agreement that complies with subsection (a) of this

section, the relationship between a licensee or registrant and a user is determined as if the licensee

or registrant and the user have an agreement that complies with subsection (a) of this section and

specifies that the law of this state governs the agreement.

     (c) The effect of this section may not be varied by agreement.

 

 

 

 

79)

Section

Add Chapter Numbers:

 

6-56-5

226 and 246

 

 

6-56-5. Qualifying office under Hague Securities Convention.

     (a) A licensee shall maintain in a state an office that complies with the second sentence of

Article 4(1) of The Hague Securities Convention.

     (b) The effect of this section may not be varied by agreement.

 

 

 

80)

Section

Add Chapter Numbers:

 

6-56-6

226 and 246

 

 

6-56-6. Effect of failure to comply with this chapter.

     Failure to comply with this chapter is a violation of the Uniform Regulation of Virtual-

Currency Businesses Act.

 

 

 

81)

Section

Add Chapter Numbers:

 

6-56-7

226 and 246

 

 

6-56-7. No inference as to characterization under other statute or rule.

     Treatment of virtual currency as a financial asset credited to a securities account under

this chapter and Article 8 of the Uniform Commercial Code does not determine the

characterization or treatment of the virtual currency under any other statute or rule.

 

 

 

82)

Section

Add Chapter Numbers:

 

6-56-8

226 and 246

 

 

6-56-8. Supplementary law.

     Unless displaced by the particular provisions of this chapter, the principles of law and

equity supplement this chapter.

 

 

 

83)

Section

Add Chapter Numbers:

 

6-56-9

226 and 246

 

 

6-56-9. Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.

 

 

 

 

84)

Section

Add Chapter Numbers:

 

6-56-10

226 and 245

 

 

6-56-10. Relation to Electronic Signatures in Global and National Commerce Act.

     This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede

Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of

the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b)).

 

 

 

85)

Section

Add Chapter Numbers:

 

6-56-11

225 and 231

 

 

6-56-11. Severability.

     If any provision of this chapter or its application to any person or circumstance is held

invalid, the invalidity does not affect other provisions or application of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.

 

 

 

 86)

Section

Add Chapter Numbers:

 

6-57

188 and 243, 226 and 246

 

 

CHAPTER 57

SERVICE CONTRACTS

 

 

 

87)

Section

Add Chapter Numbers:

 

6-57-1

188 and 243

 

 

6-57-1. Definitions.

     For purposes of this section, the following terms shall have the following meanings:

     (1) "Consumer product" means any tangible personal property that is distributed in

commerce and is normally used for personal, family, or household purposes, including a motor

vehicle, and any tangible personal property intended to be attached to or installed in any real

property without regard to whether it is so attached or installed.

     (2) "Incidental costs" means expenses specified in a vehicle theft protection program

warranty that are incurred by the warranty holder due to the failure of a vehicle theft protection

program to perform as provided in the contract. Incidental costs may be reimbursed in either a

fixed amount specified in the vehicle theft protection program warranty or by use of a formula

itemizing specific incidental costs incurred by the warranty holder.

     (3) "Maintenance agreement" means a contract of limited duration that provides for

scheduled maintenance only.

     (4) "Road hazard" means a hazard that is encountered while driving a motor vehicle and

which that may include, but not be limited to, potholes, rocks, wood debris, metal parts, glass,

plastic, curbs, or composite scraps.

     (5) "Service contract" means a contract or agreement for a separately stated consideration

for any duration to perform the repair, replacement, or maintenance of a consumer product or

indemnification for the same, for the operational or structural failure of a consumer product due

to a defect in materials, workmanship, accidental damage from handling, or normal wear and tear,

with or without additional provisions for incidental payment of indemnity under limited

circumstances, including, but not limited to, towing, rental, and emergency road service and road

hazard protection. Service contracts may provide for the repair, replacement, or maintenance of a

consumer product for damage resulting from power surges or interruption. "Service contract" also

includes a contract or agreement sold for a separately stated consideration for a specific duration

that provides for any of the following:

     (i) The repair or replacement or indemnification for the repair or replacement of a motor

vehicle for the operational or structural failure of one or more parts or systems of the motor

vehicle brought about by the failure of an additive product to perform as represented;

     (ii) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of

coming into contact with road hazards;

     (iii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using

the process of paintless dent removal without affecting the existing paint finish and without

replacing vehicle body panels, sanding, bonding, or painting;

     (iv) The repair of chips or cracks in or the replacement of motor vehicle windshields as a

result of damage caused by road hazards;

     (v) The replacement of a motor vehicle key or key fob in the event that the key or key fob

becomes inoperable or is lost or stolen; or

     (vi) Other services or products which that may be approved by the director of the

department of business regulation.

     (6) "Vehicle theft protection product" means a device or system that:

     (i) Is installed on or applied to a motor vehicle;

     (ii) Is designed to prevent loss or damage to a motor vehicle from theft; and

     (iii) Includes a vehicle theft protection program warranty. �Vehicle theft protection

product� does not include fuel additives, oil additives, or other chemical products applied to the

engine, transmission, or fuel system, or interior or exterior surfaces of a motor vehicle.

     (7) "Vehicle theft protection product warranty" means a written agreement by a warrantor

that provides if the vehicle theft protection product fails to prevent loss or damage to a motor

vehicle from theft, that the warrantor will pay to or on behalf of the warranty holder specified

incidental costs as a result of the failure of the vehicle theft protection product to perform

pursuant to the terms of the vehicle theft protection product warranty.

 

 

 

88)

Section

Add Chapter Numbers:

 

6-57-2

188 and 243

 

 

6-57-2. Service contracts.

     The offering, sale, or issuance of a service contract, vehicle theft protection product

warranty, or maintenance agreement shall not be considered insurance or subject to the insurance

laws of this state unless made expressly applicable thereto.

 

 

 

89)

Section

Add Chapter Numbers:

 

7-11.2

225 and 231

 

 

CHAPTER 11.2

SENIOR SAVINGS PROTECTION ACT

 

 

 

90)

Section

Add Chapter Numbers:

 

7-11.2-1

225 and 231

 

 

7-11.2-1. Short title - Rules of construction.

     (a) This chapter shall be known as and may be cited as the "Senior Savings Protection

Act.".

     (b) This chapter shall be liberally construed and applied to promote its underlying

purposes and policy and to make uniform the laws with respect to the subject of this chapter

among states enacting it.

     (c) Unless displaced by the particular provisions of this chapter, the principles of law and

equity supplement its provisions.

 

 

 

91)

Section

Add Chapter Numbers:

 

7-11.2-2

225 and 231

 

 

7-11.2-2. Definitions.

     As used in this chapter, the following words and phrases shall have the following

meanings unless the context otherwise requires:

     (1) "Agent" means an individual, other than a broker-dealer, who represents a broker-

dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in

effecting or attempting to effect purchases or sales of the issuer's securities; provided, that a

partner, officer, or director of a broker-dealer or issuer, or an individual having a similar status or

performing similar functions, is an agent only if the individual otherwise comes within the term.

The term does not include an individual excluded by rule adopted or order issued under this

chapter.

     (2) "Broker-dealer" means a person engaged in the business of effecting transactions in

securities for the account of others or for the person's own account. The term does not include:

     (i) An agent;

     (ii) An issuer;

     (iii) A bank, a trust company organized or chartered under the laws of this state, or a

savings institution, if its activities as a broker-dealer are limited to those specified in the

Securities Exchange Act of 1934, as amended (15 U.S.C. Section 78a, et seq.) or a bank that

satisfies the conditions described in the Securities Exchange Act of 1934, as amended (15 U.S.C.

Sections 78a et seq.);

     (iv) An international banking institution; or

     (v) A person excluded by rule adopted or order issued under this chapter.

     (3) "Financial exploitation" means the wrongful or unauthorized taking, withholding,

appropriation, or use of money, real property, or personal property of a qualified adult.

     (4) "Immediate family member" means a spouse, child, parent, or sibling of a qualified

adult;.

     (5) "Qualified adult" means:

     (i) A person sixty (60) years of age or older; or

     (ii) A person who:

     (A) Has a mental or physical impairment that substantially limits one or more major life

activities, whether the impairment is congenital or acquired by accident, injury, or disease, where

such the impairment is verified by medical findings; and

     (B) Is between the ages of eighteen (18) and fifty-nine (59);.

     (6) "Qualified individual" means a person associated with a broker-dealer who serves in a

supervisory, compliance, or legal capacity as part of their his or her job.

 

 

 

92)

Section

Add Chapter Numbers:

 

7-11.2-3

225 and 231

 

 

7-11.2-3. Notification of agencies and family members.

     If a qualified individual reasonably believes that financial exploitation of a qualified adult

has occurred, has been attempted, or is being attempted, the qualified individual shall notify the

department of business regulation as well as the division of elderly affairs office of healthy aging

and law enforcement in accordance with � 42-66-8. Subsequent to providing this notification, an

agent or qualified individual may notify an immediate family member, legal guardian,

conservator, cotrustee, successor trustee, or agent under a power of attorney of the qualified adult

of such the belief.

 

 

 

93)

Section

Add Chapter Numbers:

 

7-11.2-4

225 and 231

 

 

7-11.2-4. Refusal of request for disbursement.

     (a) A qualified individual may refuse a request for disbursement from the account of a

qualified adult, or an account on which a qualified adult is a beneficiary or beneficial owner, if:

     (1) The qualified individual reasonably believes that the requested disbursement will

result in financial exploitation of the qualified adult; and

     (2) The broker-dealer or qualified individual:

     (i) Within two (2) business days makes a reasonable effort to notify all parties authorized

to transact business on the account orally or in writing, unless such the parties are reasonably

believed to have engaged in suspected or attempted financial exploitation of the qualified adult;

and

     (ii) Complies with the notification requirements set forth in � 7-11.2-3.

     (b) Any refusal of a disbursement as authorized by this section shall expire upon the

sooner of:

     (1) The time when the broker-dealer or qualified individual reasonably believes that the

disbursement will not result in financial exploitation of the qualified adult; or

     (2) Ten (10) business days after the initial refusal of disbursement by the qualified

individual.

     (c) A court of competent jurisdiction may enter an order extending the refusal of a

disbursement or any other protective relief.

     7-11.2-5. Immunity from liability.

 

 

 

94)

Section

Add Chapter Numbers:

 

7-11.2-5

225 and 231

 

 

7-11.2-5. Immunity from liability.

     Notwithstanding any other provision of law to the contrary, a broker-dealer, agent, or

qualified individual who, in good faith and exercising reasonable care, complies with the

provisions of this chapter shall be immune from any civil liability under this chapter.

 

 

 

95)

Section

Add Chapter Numbers:

 

7-11.2-6

225 and 231

 

 

7-11.2-6. Website for training resources to prevent and detect financial exploitation.

     No later than July 1, 2020, the department of business regulation and the division of

elderly affairs office of healthy aging shall develop and make available websites that include

training resources to assist broker-dealers and agents in the prevention and detection of financial

exploitation of qualified adults. Such The resources shall include, at a minimum, indicators of

financial exploitation of qualified adults and potential steps broker-dealers and agents may take to

prevent suspected financial exploitation of qualified adults as authorized by law.

 

96)

Section

Amend Chapter Numbers:

 

8-2-39.3

279 and 283

 

 

8-2-39.3. Superior court diversion.

     (a) In accordance with � 8-6-2, the superior court may create, with the approval of the

supreme court, rules for a superior court diversion program (the "program"). The presiding justice

may assign a justice or magistrate to administer the diversion program, in which the defendant

enters a plea to the pending matter and agrees to written contractual conditions of diversion with

the justice or magistrate, including reporting to the court as instructed for reviews, until such time

as the defendant has completed the diversion program to the court's satisfaction and all reviews

are completed. Contractual conditions may include, but are not limited to, compliance with

counseling, community service, and restitution obligations. The program is designed to offer an

alternative to traditional conviction, sentencing, and incarceration by providing eligible

defendants with a framework of supervision and services in lieu of incarceration and/or probation

to help them make informed decisions,; engage in positive behavior,; and reduce the risk of

recidivism.

     (b) Definitions:

     (1) "Disqualifying offense" includes murder,; manslaughter,; first-degree arson,;

kidnapping with intent to extort,; robbery,; felony assault-serious bodily injury,; larceny from the

person,; burglary,; entering a dwelling house with intent to commit murder,; robbery,; sexual

assault,; any domestic violence offense as defined in chapter 29 of title 12,; felony driving while

intoxicated,; driving while intoxicated-death resulting,; driving while intoxicated-serious bodily

injury resulting,; possession of greater than one ounce (1 oz.) or greater than one kilogram (1 kg.)

of a controlled substance, excluding marijuana,; possession of greater than five kilograms (5 kg.)

of marijuana,; any offense requiring sex offender registration pursuant to chapter 37.l of title 11;

and child abuse as defined in � 11-9-5.3; and all firearms offenses, as defined in chapter 47 of

title 11, with the exception of: � 11-47-6, mental incompetents and drug addicts prohibited from

possession of firearms; � 11-47-8, license or permit required for carrying pistol-possession of

machine gun; and � 11-47-52, carrying of weapon while under the influence of liquor or drugs.

The definition shall also include any attempt or conspiracy to commit any of the offenses

included in this subsection.

     (2) "Eligible defendant" means any person who stands charged in a district court

complaint, superior court indictment, or a superior court information for a felony offense and:

     (i) Has not been previously convicted of or plead pleaded nolo contendere to a

disqualifying offense, as defined in this section;

     (ii) Has not been previously convicted of or plead pleaded nolo contendere previously to

two (2) or more felony offenses within the last five (5) years (excluding any time during which

the offender was incarcerated for any reason between the time of commission of the previous

felony and the time of commission of the present felony); and

     (iii) Has not been charged with a disqualifying offense as defined in this section.

     (c) The procedure for referral and admission into the program shall be as follows:

     (1) At any time after the arraignment of an eligible defendant, either in the district court

or superior court, but prior to the entry of a plea of guilty or the commencement of trial, a referral

may be made to the judicial diversion program's sentencing case manager. The referral may be

made by a representative of the department of the attorney general, or counsel entered on behalf

of a defendant or upon request by a justice of the superior or district court.

     (2) The judicial diversion sentencing case manager shall ensure that the individual is an

eligible defendant and satisfies any additional criteria established by the court through its rules

and regulations

     (3) The judicial diversion sentencing case manager shall submit his or her report to the

justice or magistrate assigned to the program, indicating acceptance or rejection into the program.

Upon receipt of the report, the court shall confer with counsel for the defendant and counsel for

the state.

     (4) Either party may request a hearing on the issue of whether the defendant should be

admitted into the program.

     (5) The superior court magistrate or justice assigned to the program shall make the final

determination as to whether a defendant is admitted into the program.

     (d) Notwithstanding the above provisions, if counsel for the department of attorney

general and the counsel for the defendant agree that the defendant should be admitted to the

program, he or she shall be deemed "eligible" and may be granted admission.

     (e) Once the defendant has been accepted into the program, the defendant shall sign a

contract. The contract will detail the requirements of the program, which requirements shall be

consistent with the rules and regulations promulgated by the court. The defendant will be bound

by the terms of the contract, which will set forth the court's expectations; the conditions imposed

upon and the responsibilities of the defendant; and the treatment plan goals and strategies. In

addition, by signing the contract, the defendant agrees to waive any applicable statute of

limitations and/or right to a speedy trial.

     (f) If a defendant fails to abide by the program's conditions and orders, he or she may be

terminated from the program by the magistrate or justice assigned to the program. If a defendant

is terminated from the program then he or she shall have his or her case placed on the superior

court criminal calendar in the county that the case originated.

     (g) The superior court may make such rules and regulations for the administration and

enforcement of this chapter as it may deem necessary. Provided, further, notwithstanding any

provision of the general or public laws to the contrary, the superior court shall have the power to

adopt by rule or regulation, in whole or in part, any standards, rules, regulations, or other

standards and procedures governing the judicial diversion program.

 

 

 

97)

Section

Amend Chapter Numbers:

 

8-3-16

205 and 271

 

 

8-3-16. Retirement contribution.

     (a) Judges engaged after December 31, 1989, shall have deducted from total salary

beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of

compensation as specified in � 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges, whether engaged before or after December 31,

1989, shall have deducted from compensation as defined in subsection 36-8-1(8) an amount equal

to twelve percent (12%) of compensation, except active Supreme Court Judges as of June 30,

2012, who shall have deducted from compensation as defined in section 36-8-1(8) an amount

equal to the percent of compensation in effect on June 30, 2012. Proceeds deposited shall be held

in trust for the purpose of paying retirement benefits to participating judges or their beneficiaries

on the date contributions are withheld but no later than three (3) business days following the pay

period ending in which contributions were withheld. The retirement board shall establish rules

and regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A member of the judiciary who withdraws from service or ceases to be a member

for any reason other than retirement, shall be paid on demand a refund consisting of the

accumulated contributions standing to his or her credit in his or her individual account in the

judicial retirement benefits account. Any member receiving a refund shall thereby forfeit and

relinquish all accrued rights as a member of the system together with credits for total service

previously granted to the member; provided, however, that if any member who has received a

refund shall subsequently reenter the service and again become a member of the system, he or she

shall have the privilege of restoring all money previously received or disbursed to his or her credit

as refund of contributions plus regular interest for the period from the date of refund to the date of

restoration. Upon the repayment of the refund as herein provided, the member shall again receive

credit for the amount of total service which he or she had previously forfeited by the acceptance

of the refund.

     (c)(d) Whenever any judge dies from any cause before retirement and has no surviving

spouse, domestic partner, or minor child(ren), a payment shall be made of the accumulated

contributions standing to his or her credit in his or her individual account in the judicial

retirement benefits account. The payment of the accumulated contributions of the judge shall be

made to such person as the judge shall have nominated by written designation duly executed and

filed with the retirement board, or if the judge has filed no nomination, or if the person so

nominated has died, then to the estate of the deceased judge.

 

�

 

98)

Section

Amend Chapter Numbers:

 

8-3-17

205 and 271

 

 

8-3-17. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by � 8-3-16 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which that

will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after

December 31, 1989. Such The rate percent shall be computed and certified in accordance with

the procedures set forth in �� 36-8-13 and 36-10-2 under rules and regulations promulgated by

the retirement board pursuant to � 36-8-3. The amounts that would have been contributed shall be

deposited in a special fund and not used for any purpose on the date contributions are withheld

but no later than three (3) business days following the pay period ending in which contributions

were withheld.

 

 

 

99)

Section

Amend Chapter Numbers:

 

8-8-10.1

205 and 271

 

 

8-8-10.1. Retirement contribution.

     (a) Judges engaged after December 31, 1989, shall have deducted from total salary

beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of

compensation as specified in � 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges, whether engaged before or after December 31,

1989, shall have deducted from compensation as defined in subsection 36-8-1(8) an amount equal

to twelve percent (12%) of compensation. The receipts collected under this provision shall be

deposited in a restricted revenue account entitled "Judicial retirement benefits" " on the date

contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld. Proceeds deposited in this account shall be held in

trust for the purpose of paying retirement benefits to participating judges or their beneficiaries.

The retirement board shall establish rules and regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A member of the judiciary who withdraws from service or ceases to be a member

for any reason other than retirement shall be paid on demand a refund consisting of the

accumulated contributions standing to his or her credit in his or her individual account in the

judicial retirement benefits account. Any member receiving a refund shall thereby forfeit and

relinquish all accrued rights as a member of the system together with credits for total service

previously granted to the member; provided, however, that if any member who has received a

refund shall subsequently reenter the service and again become a member of the system, the

member shall have the privilege of restoring all money previously received or disbursed to his or

her credit as refund of contributions plus regular interest for the period from the date of refund to

the date of restoration. Upon the repayment of the refund as herein provided, the member shall

again receive credit for the amount of total service which he or she had previously forfeited by

the acceptance of the refund.

     (c)(d) Whenever any judge dies from any cause before retirement and has no surviving

spouse, domestic partner, or minor child(ren), a payment shall be made of the accumulated

contributions standing to his or her credit in his or her individual account in the judicial

retirement benefits account. The payment of the accumulated contributions of the judge shall be

made to such person as the judge shall have nominated by written designation duly executed and

filed with the retirement board, or if the judge has filed no nomination, or if the person so

nominated has died, then to the estate of the deceased judge.

 

 

 

100)

Section

Amend Chapter Numbers:

 

8-8-10.2

205 and 271

 

 

8-8-10.2. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by � 8-8-10.1 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which that

will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after

December 31, 1989. The rate percent shall be computed and certified in accordance with the

procedures set forth in � 36-8-13 and � 36-10-2 under rules and regulations promulgated by the

retirement board pursuant to � 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.

 

 

 

101)

Section

Amend Chapter Numbers:

 

8-8.1-5

59 and 66, 63 and 68

 

 

8-8.1-5. Duties of police officers.

     (a) Whenever any police officer has reason to believe that a cohabitant or minor has been

abused, that officer shall use all reasonable means to prevent further abuse, including:

     (1) Remaining on the scene as long as there is danger to the physical safety of the person

or until the person is able to leave the dwelling unit;

     (2) Assisting the person in obtaining medical treatment necessitated by an assault,

including obtaining transportation to an emergency medical treatment facility;

     (3) Giving the person immediate and adequate notice of his or her rights under this

chapter;

     (4) Arresting the person pursuant to the arrest provisions as contained in � 12-29-3.

     (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

     Spouse, former spouse/blood relative/children in common;, minor(s) in a substantive

dating or engagement relationship;, a plaintiff parent's minor child(ren) to which the defendant is

not a blood relative or relative by marriage:

     "If your attacker is your spouse, former spouse, person to whom you are related by blood

or marriage, or if you are not married to your attacker, but have a child in common, or if you

and/or your attacker are a minor who have been in a substantive dating or engagement

relationship within the past six (6) months one year, you have the right to go to the family court

and ask the court to issue an order restraining your attacker from abusing you, or your minor child

, or a plaintiff parent's minor child(ren) to which the defendant is not a blood relative or relative

by marriage; you have the right to go to the family court and request;:

     (1) an An order restraining your attacker from abusing you, or your minor child , or a

plaintiff parent's minor child(ren) to which defendant is not a blood relative or relative by

marriage;

     (2) an An order awarding you exclusive use of your marital domicile;

     (3) an An order awarding you custody of your minor child."

     Unmarried/not related cohabitants within the past three (3) years or substantive dating or

engagement relationship within past six (6) months one year:

     "If you are not married or related to your attacker, but have resided with him or her

within the past three (3) years, you have the right to go to the district court and request;:

     (1) an An order restraining your attacker from abusing you;

     (2) an An order directing your attacker to leave your household, unless she or he has the

sole legal interest in the household."

     "If you are in need of medical treatment, you have the right to have the officer present

obtain transportation to an emergency medical treatment facility."

     "If you believe that police protection is needed for your physical safety, you have the

right to have the officer present remain at the scene until you and your children can leave or until

your safety is otherwise insured."

     "You have the right to file a criminal complaint with the responding officer or your local

police department if the officer has not arrested the perpetrator."

     (c) A police officer shall ensure enforcement of the terms of the protective order issued

pursuant to this chapter including, but not limited to, accompanying a cohabitant to his or her

dwelling or residence in order to secure possession of the dwelling or residence when a vacate

order against the defendant has been issued.

     (d) When service of the temporary order issued pursuant to � 8-8.1-4 has not been made

and/or after a permanent order is entered, a police officer shall give notice of the order to the

defendant by handing him or her a certified copy of the order. The officer shall indicate that he or

she has given notice by writing on plaintiff's copy of the order and the police department's copy

of the order the date, and time of giving notice and the officer's name and badge number. The

officer shall indicate on the offense report that actual notice was given.

 

 

 

  (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

     Spouse, former spouse/blood relative/children in common; minor(s) in a substantive

dating or engagement relationship:

 

 

 

 

102)

Section

Amend Chapter Numbers:

 

8-8.2-7

205 and 271

 

 

8-8.2-7. Retirement contribution.

     (a) Judges of the administrative adjudication court engaged after December 31, 1989,

who are reassigned by this chapter to the traffic tribunal shall have deducted from their total

salary beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent

of compensation as specified in � 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges whether engaged before or after December 31,

1989, shall have deducted from compensation as defined in 36-8-1(8) an amount equal to twelve

percent (12%) of compensation. The receipts collected under this provision shall be deposited in a

restricted revenue account entitled "administrative adjudication retirement benefits" on the date

contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld. Proceeds deposited in this account shall be used to

pay judges' retirement costs. The retirement board shall establish rules and regulations to govern

the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A judge of the administrative adjudication court reassigned by this chapter to the

traffic tribunal who withdraws from service or ceases to be a member for any reason other than

death or retirement, shall be paid on demand a refund consisting of the accumulated contributions

standing to his or her credit in his or her individual account in the administrative adjudication

retirement benefits account. Any member receiving a refund shall thereby forfeit and relinquish

all accrued right as a member of the system together with credits for total service previously

granted to the member; provided, however, that if any member who has received a refund shall

subsequently reenter the service and again become a member of the system, he or she shall have

the privilege of restoring all moneys previously received or disbursed to his or her credit as a

refund of contributions plus regular interest for the period from the date of refund to the date of

restoration. Upon the repayment of the refund as herein provided, such member shall again

receive credit for the amount of total service which he or she had previously forfeited by the

acceptance of the refund.

     (c)(d) Whenever any judge of the administrative adjudication court dies from any cause

before retirement and has no surviving spouse or domestic partner or minor child(ren), a payment

shall be made of the accumulated contributions standing to his or her credit in his or her

individual account in the administrative adjudication court judges' retirement account. The

payment of the accumulated contributions of the judge shall be made to such person as the judge

shall have nominated by written designation duly executed and filed with the retirement board, or

if the judge has no filed nomination, or if the person so nominated has died, then to the estate of

the deceased judge.

 

 

103)

Section

Amend Chapter Numbers:

 

8-8.2-8

205 and 271

 

 

8-8.2-8. State contributions.

     The state of Rhode Island shall make its contribution for maintaining the system

established by � 8-8.2-7 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter, by annually appropriating an amount which that

will pay a rate percent of the compensation paid after December 31, 1989, to judges of the

administrative adjudication court engaged after December 31, 1989, who are reassigned by this

chapter to the traffic tribunal. The rate percent shall be computed and certified in accordance with

the procedures set forth in � 36-8-13 and � 36-10-2 under rules and regulations promulgated by

the retirement board pursuant to � 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.

 

 

 

104)

Section

Amend Chapter Numbers:

 

9-1-14

82 and 83

 

 

9-1-14. Limitation of actions for words spoken or personal injuries.

     (a) Actions for words spoken shall be commenced and sued within one year next after the

words spoken, and not after.

     (b) Actions for injuries to the person shall be commenced and sued within three (3) years

next after the cause of action shall accrue, and not after, except as provided for otherwise in

subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or

exploitation of a child shall be governed by � 9-1-51.

     (c) As to an action for personal injuries wherein an injured party is entitled to proceed

against an insurer pursuant to � 27-7-2, where an action is otherwise properly filed against an

insured within the time limitations provided for by this section, and process against the insured

tortfeasor has been returned "non estinventus" and filed with the court, then the statutory

limitation for filing an action under � 27-7-2 directly against an insurer shall be extended an

additional one hundred twenty (120) days after the expiration of the time limitation provided for

in subsection (b) herein.

 

 

 

 

 

105)

Section

Amend Chapter Numbers:

 

9-1-25

82 and 83

 

 

9-1-25. Time for bringing suit against state, political subdivision, city, or town.

     (a) Except as provided in subsection (b) of this section and in � 9-1-51, for cases of

sexual abuse, when When a claimant is given the right to sue the state of Rhode Island, any

political subdivision of the state, or any city or town by a special act of the general assembly, or

in cases involving actions or claims in tort against the state or any political subdivision thereof or

any city or town, the action shall be instituted within three (3) years from the effective date of the

special act, or within three (3) years of the accrual of any claim of tort. Failure to institute suit

within the three- (3) year (3) period shall constitute a bar to the bringing of the legal action.

     (b) In cases of childhood sexual abuse, the time for bringing suit against the state of

Rhode Island or any other entity identified in subsection (a) of this section, � 9-1-51 shall apply.

 

 

 

106)

Section

Amend Chapter Numbers:

 

9-1-51

82 and 83

 

 

9-1-51. Limitation on actions based on sexual abuse or exploitation of a child.

     (a) (1) All claims or causes of action based on intentional conduct brought against a

perpetrator defendant by any person for recovery of damages for injury suffered as a result of

childhood sexual abuse shall be commenced within the later to expire of:

     (i) seven (7) Thirty-five (35) years of the act alleged to have caused the injury or

condition,; or

     (ii) seven Seven (7) years of from the time the victim discovered or reasonably should

have discovered that the injury or condition was caused by the act, whichever period expires later.

     Provided, however, that the time limit or commencement of such an action under this

section shall be tolled for a child until the child reaches eighteen (18) years of age. For the

purposes of this section, "sexual abuse" shall have the same meaning as in subsection (e) of this

section.

     (2) All claims or causes of action brought against a non-perpetrator defendant by any

person alleging negligent supervision of a person that sexually abused a minor, or that the non-

perpetrator defendant's conduct caused or contributed to the childhood sexual abuse by another

person to include, but not be limited to, wrongful conduct, neglect or default in supervision,

hiring, employment, training, monitoring, or failure to report and/or the concealment of sexual

abuse of a child shall be commenced within the later to expire of:

     (i) Thirty-five (35) years of the act or acts alleged to have caused an injury or condition to

the minor; or

     (ii) Seven (7) years from the time the victim discovered or reasonably should have

discovered that the injury or condition was caused by the act.

     Provided, however, that the time limit or commencement of such an action under this

section shall be tolled for a child until the child reaches eighteen (18) years of age.

     For purposes of this section "sexual abuse" shall have the same meaning as in subsection

(e) of this section.

     (3) As to a perpetrator defendant, any claim or cause of action based on conduct of sexual

abuse may be commenced within the time period enumerated in subsection subsections (a)(1)(i)

and (a)(1)(ii) regardless if the claim was time-barred under previous version of the general laws.

     (4) Except as provided in subsection (a)(3) herein, any claim or cause of action based on

conduct of sexual abuse or conduct which that caused or contributed to sexual abuse, if the action

is not otherwise time-barred under previous version of the general laws on the effective date of

this section, may be commenced within the time period enumerated in subsections (a)( l ) and

(a)(2) of this section.

     (b) The victim need not establish which act in a series of continuing sexual abuse or

exploitation incidents cause the injury complained of, but may compute the date of discovery

from the date of the last act by the same perpetrator which is part of a common scheme or plan of

sexual abuse or exploitation.

     (c) The knowledge of a custodial parent or guardian shall not be imputed to a person

under the age of eighteen (18) years.

     (d) For purposes of this section, "child" means a person under the age of eighteen (18)

years.

     (e) As used in this section, "childhood sexual abuse" means any act committed by the

defendant against a complainant who was less than eighteen (18) years of age at the time of the

act and which act would have been a criminal violation of chapter 37 of title 11.

 

 

 

107)

Section

Amend Chapter Numbers:

 

9-18-11

190 and 241

 

 

9-18-11. Depositions for use in foreign tribunals.

     Depositions may be taken in this state to be used on the trial of any cause pending in a

tribunal of any other state, district, territory, or country, pursuant to chapter 18.1 of title 9 this

title before any person residing in this state, to whom a commission shall be directed and sent by

the tribunal, with the formalities prescribed in the commission, or, if there are none prescribed,

then according to the laws of the jurisdiction whence the commission issues.

 

 

 

108)

Section

Add Chapter Numbers:

 

9-18.1

190 and 241

 

 

CHAPTER 18.1

UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

 

 

 

 

 

 

109)

Section

Add Chapter Numbers:

 

9-18.1-1

190 and 241

 

 

9-18.1-1. Short title.

     This chapter may be cited as the "Uniform Interstate Depositions and Discovery Act."

 

 

 

110)

Section

Add Chapter Numbers:

 

9-18.1-2

190 and 241

 

 

9-18.1-2. Definitions.

     As used in this chapter:

     (1) "Foreign jurisdiction" means a state other than this state.

     (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a

foreign jurisdiction.

     (3) "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited-liability company, association, joint venture, public corporation, government, or

governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

     (4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

the United States.

     (5) "Subpoena" means a document, however denominated, issued under authority of a

court of record requiring a person to:

     (i) Attend and give testimony at a deposition;

     (ii) Produce and permit inspection and copying of designated books, documents, records,

electronically stored information, or tangible things in the possession, custody, or control of the

person; or

     (iii) Permit inspection of premises under the control of the person.

 

 

 

111)

Section

Add Chapter Numbers:

 

9-18.1-3

190 and 241

 

 

9-18.1-3. Issuance of subpoena.

     (a) To request issuance of a subpoena under this section, a party shall submit a foreign

subpoena to:

     (1) A clerk of the superior court in the county in which discovery is sought to be

conducted in this state; or

     (2) A lawyer who is a member in good standing of the bar of this state. A request for the

issuance of a subpoena under this act does not constitute an appearance in the courts of this state.

     (b) When a party submits a foreign subpoena to a clerk of the superior court in this state,

the clerk, in accordance with the court's procedure, shall promptly issue a subpoena for service on

the person to which the foreign subpoena is directed. When a party submits a subpoena to a

lawyer who is a member in good standing of the bar of this state, the lawyer may issue a

subpoena for service on the person to which the foreign subpoena is directed.

     (c) A subpoena under subsection (b) of this section shall:

     (1) Incorporate the terms used in the foreign subpoena;

     (2) Contain or be accompanied by the names, addresses, telephone numbers, and email

addresses of all counsel of record in the proceeding to which the subpoena relates and of any

party not represented by counsel; and

     (3) Otherwise be in a form that complies with the laws of this state.

 

 

 

112)

Section

Add Chapter Numbers:

 

9-18.1-4

190 and 241